[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2476-S2961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 282. Mr. SCOTT of South Carolina (for himself and Mr. Brown) 
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--FEND OFF FENTANYL ACT

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Fentanyl Eradication and 
     Narcotics Deterrence Off Fentanyl Act'' or the ``FEND Off 
     Fentanyl Act''.

     SEC. 1802. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the proliferation of fentanyl is causing an 
     unprecedented surge in overdose deaths in the United States, 
     fracturing families and communities, and necessitating a 
     comprehensive policy response to combat its lethal flow and 
     to mitigate the drug's devastating consequences;
       (2) the trafficking of fentanyl into the United States is a 
     national security threat that has killed hundreds of 
     thousands of United States citizens;
       (3) transnational criminal organizations, including cartels 
     primarily based in Mexico, are the main purveyors of fentanyl 
     into the United States and must be held accountable;
       (4) precursor chemicals sourced from the People's Republic 
     of China are--
       (A) shipped from the People's Republic of China by 
     legitimate and illegitimate means;
       (B) transformed through various synthetic processes to 
     produce different forms of fentanyl; and
       (C) crucial to the production of illicit fentanyl by 
     transnational criminal organizations, contributing to the 
     ongoing opioid crisis;
       (5) the United States Government must remain vigilant to 
     address all new forms of fentanyl precursors and drugs used 
     in combination with fentanyl, such as Xylazine, which 
     attribute to overdose deaths of people in the United States;
       (6) to increase the cost of fentanyl trafficking, the 
     United States Government should work collaboratively across 
     agencies and should surge analytic capability to impose 
     sanctions and other remedies with respect to transnational 
     criminal organizations (including cartels), including foreign 
     nationals who facilitate the trade in illicit fentanyl and 
     its precursors from the People's Republic of China; and
       (7) the Department of the Treasury should focus on fentanyl 
     trafficking and its

[[Page S2477]]

     facilitators as one of the top national security priorities 
     for the Department.

     SEC. 1803. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) Foreign person.--The term ``foreign person''--
       (A) means--
       (i) any citizen or national of a foreign country; or
       (ii) any entity not organized under the laws of the United 
     States or a jurisdiction within the United States; and
       (B) does not include the government of a foreign country.
       (3) 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.
       (4) Trafficking.--The term ``trafficking'', with respect to 
     fentanyl, fentanyl precursors, or other related opioids, has 
     the meaning given the term ``opioid trafficking'' in section 
     7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
       (5) Transnational criminal organization.--The term 
     ``transnational criminal organization'' includes--
       (A) any organization designated as a significant 
     transnational criminal organization under part 590 of title 
     31, Code of Federal Regulations;
       (B) any of the organizations known as--
       (i) the Sinaloa Cartel;
       (ii) the Jalisco New Generation Cartel;
       (iii) the Gulf Cartel;
       (iv) the Los Zetas Cartel;
       (v) the Juarez Cartel;
       (vi) the Tijuana Cartel;
       (vii) the Beltran-Leyva Cartel; or
       (viii) La Familia Michoacana; or
       (C) any other organization that the President determines is 
     a transnational criminal organization; or
       (D) any successor organization to an organization described 
     in subparagraph (B) or as otherwise determined by the 
     President.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) 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 of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

                     Subtitle A--Sanctions Matters

    PART I--SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO 
                          FENTANYL TRAFFICKING

     SEC. 1811. FINDING; POLICY.

       (a) Finding.--Congress finds that international trafficking 
     of fentanyl, fentanyl precursors, or other related opioids 
     constitutes an unusual and extraordinary threat to the 
     national security, foreign policy, and economy of the United 
     States, and is a national emergency.
       (b) Policy.--It shall be the policy of the United States to 
     apply economic and other financial sanctions to those who 
     engage in the international trafficking of fentanyl, fentanyl 
     precursors, or other related opioids to protect the national 
     security, foreign policy, and economy of the United States.

     SEC. 1812. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.

       (a) In General.--The President may 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 part.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on actions taken by the executive branch 
     pursuant to this part and any national emergency declared 
     with respect to the trafficking of fentanyl and trade in 
     other illicit drugs, including--
       (A) the issuance of any new or revised regulations, 
     policies, or guidance;
       (B) the imposition of sanctions;
       (C) the collection of relevant information from outside 
     parties;
       (D) the issuance or closure of general licenses, specific 
     licenses, and statements of licensing policy by the Office of 
     Foreign Assets Control;
       (E) a description of any pending enforcement cases; or
       (F) the implementation of mitigation procedures.
       (2) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include the 
     matters required by subparagraphs (C), (D), (E), and (F) of 
     that paragraph in a classified annex.

     SEC. 1813. CODIFICATION OF EXECUTIVE ORDER IMPOSING SANCTIONS 
                   WITH RESPECT TO FOREIGN PERSONS INVOLVED IN 
                   GLOBAL ILLICIT DRUG TRADE.

       United States sanctions provided for in Executive Order 
     14059 (50 U.S.C. 1701 note; relating to imposing sanctions on 
     foreign persons involved in the global illicit drug trade), 
     and any amendments to or directives issued pursuant to such 
     Executive order before the date of the enactment of this Act, 
     shall remain in effect.

     SEC. 1814. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL 
                   TRAFFICKING BY TRANSNATIONAL CRIMINAL 
                   ORGANIZATIONS.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person the President determines--
       (1) is knowingly involved in the significant trafficking of 
     fentanyl, fentanyl precursors, or other related opioids, 
     including such trafficking by a transnational criminal 
     organization; or
       (2) otherwise is knowingly involved in significant 
     activities of a transnational criminal organization relating 
     to the trafficking of fentanyl, fentanyl precursors, or other 
     related opioids.
       (b) Sanctions Described.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in 
     property and interests in property of a foreign person 
     described in subsection (a) 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.
       (c) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the President shall submit to the appropriate congressional 
     committees a report on actions taken by the executive branch 
     with respect to the foreign persons identified under 
     subsection (a).

     SEC. 1815. PENALTIES; WAIVERS; EXCEPTIONS.

       (a) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     part or any regulation, license, or order issued to carry out 
     this part 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.
       (b) National Security Waiver.--The President may waive the 
     application of sanctions under this part with respect to a 
     foreign person if the President determines that the waiver is 
     in the national security interest of the United States.
       (c) Exceptions.--
       (1) Exception for intelligence activities.--This part shall 
     not apply with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Exception for compliance with international obligations 
     and law enforcement activities.--Sanctions under this part 
     shall not apply with respect to an alien if admitting or 
     paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity of the 
     United States.
       (3) Humanitarian exemption.--The President may not impose 
     sanctions under this part with respect to any person for 
     conducting or facilitating a transaction for the sale of 
     agricultural commodities, food, medicine, or medical devices 
     or for the provision of humanitarian assistance.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to block 
     and prohibit all transactions in all property and interests 
     in property under this part 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.

     SEC. 1816. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL 
                   CRIMINAL ORGANIZATIONS.

       (a) Transfer of Forfeited Property to Forfeiture Funds.--
       (1) In general.--Any covered forfeited property shall be 
     deposited into the Department of the Treasury Forfeiture Fund 
     established under section 9705 of title 31, United States 
     Code, or the Department of Justice Assets Forfeiture Fund 
     established under section 524(c) of title 28, United States 
     Code.
       (2) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees a report on any deposits made under 
     paragraph (1) during the 180-day period preceding submission 
     of the report.
       (3) Covered forfeited property defined.--In this 
     subsection, the term ``covered forfeited property'' means 
     property--
       (A) forfeited to the United States under chapter 46 or 
     section 1963 of title 18, United States Code; and
       (B) that belonged to or was possessed by an individual 
     affiliated with or connected to a transnational criminal 
     organization subject to sanctions under--

[[Page S2478]]

       (i) this part;
       (ii) the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.); 
     or
       (iii) Executive Order 14059 (50 U.S.C. 1701 note; relating 
     to imposing sanctions on foreign persons involved in the 
     global illicit drug trade).
       (b) Blocked Assets Under Terrorism Risk Insurance Act of 
     2002.--Nothing in this part affects the treatment of blocked 
     assets of a terrorist party described in subsection (a) of 
     section 201 of the Terrorism Risk Insurance Act of 2002 (28 
     U.S.C. 1610 note).

                         PART II--OTHER MATTERS

     SEC. 1821. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF 
                   SANCTIONS.

       (a) International Emergency Economic Powers Act.--Section 
     206 of the International Emergency Economic Powers Act (50 
     U.S.C. 1705) is amended by adding at the end the following:
       ``(d) Statute of Limitations.--
       ``(1) Time for commencing proceedings.--
       ``(A) In general.--An action, suit, or proceeding for the 
     enforcement of any civil fine, penalty, or forfeiture, 
     pecuniary or otherwise, under this section shall not be 
     entertained unless commenced within ten years after the 
     latest date of the violation upon which the civil fine, 
     penalty, or forfeiture is based.
       ``(B) Commencement.--For purposes of this paragraph, the 
     commencement of an action, suit, or proceeding includes the 
     issuance of a pre-penalty notice or finding of violation.
       ``(2) Time for indictment.--No person shall be prosecuted, 
     tried, or punished for any offense under subsection (c) 
     unless the indictment is found or the information is 
     instituted within ten years after the latest date of the 
     violation upon which the indictment or information is 
     based.''.
       (b) Trading With the Enemy Act.--Section 16 of the Trading 
     with the Enemy Act (50 U.S.C. 4315) is amended by adding at 
     the end the following:
       ``(d) Statute of Limitations.--
       ``(1) Time for commencing proceedings.--
       ``(A) In general.--An action, suit, or proceeding for the 
     enforcement of any civil fine, penalty, or forfeiture, 
     pecuniary or otherwise, under this section shall not be 
     entertained unless commenced within ten years after the 
     latest date of the violation upon which the civil fine, 
     penalty, or forfeiture is based.
       ``(B) Commencement.--For purposes of this paragraph, the 
     commencement of an action, suit, or proceeding includes the 
     issuance of a pre-penalty notice or finding of violation.
       ``(2) Time for indictment.--No person shall be prosecuted, 
     tried, or punished for any offense under subsection (a) 
     unless the indictment is found or the information is 
     instituted within ten years after the latest date of the 
     violation upon which the indictment or information is 
     based.''.

     SEC. 1822. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF 
                   OFFICE OF FOREIGN ASSETS CONTROL.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of the Office of Foreign Assets 
     Control shall provide to the appropriate congressional 
     committees a classified report and briefing on the staffing 
     of the Office of Foreign Assets Control, disaggregated by 
     staffing dedicated to each sanctions program and each country 
     or issue.

     SEC. 1823. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF 
                   VESSELS WITH MISLABELED CARGO.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury, in conjunction with 
     the heads of other relevant Federal agencies, shall provide 
     to the appropriate congressional committees a classified 
     report and briefing on efforts to target drug transportation 
     routes and modalities, including an assessment of the 
     prevalence of false cargo labeling and shipment of precursor 
     chemicals without accurate tracking of the customers 
     purchasing the chemicals.

     SEC. 1824. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA 
                   WITH RESPECT TO PERSONS INVOLVED IN FENTANYL 
                   SUPPLY CHAIN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury, in conjunction with 
     the heads of other relevant Federal agencies, shall provide 
     to the appropriate congressional committees a classified 
     report and briefing on actions taken by the Government of the 
     People's Republic of China with respect to persons involved 
     in the shipment of fentanyl, fentanyl analogues, fentanyl 
     precursors, precursors for fentanyl analogues, and equipment 
     for the manufacturing of fentanyl and fentanyl-laced 
     counterfeit pills.

               Subtitle B--Anti-Money Laundering Matters

     SEC. 1831. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF 
                   SANCTIONED PERSONS AS OF PRIMARY MONEY 
                   LAUNDERING CONCERN.

       Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et 
     seq.) is amended by inserting after section 7213 the 
     following:

     ``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED 
                   PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.

       ``(a) In General.--If the Secretary of the Treasury 
     determines that reasonable grounds exist for concluding that 
     one or more financial institutions operating outside of the 
     United States, 1 or more classes of transactions within, or 
     involving, a jurisdiction outside of the United States, or 1 
     or more types of accounts within, or involving, a 
     jurisdiction outside of the United States, is of primary 
     money laundering concern in connection with illicit opioid 
     trafficking, the Secretary of the Treasury may, by order, 
     regulation, or otherwise as permitted by law--
       ``(1) require domestic financial institutions and domestic 
     financial agencies to take 1 or more of the special measures 
     provided for in section 9714(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283; 
     31 U.S.C. 5318A note); or
       ``(2) prohibit, or impose conditions upon, certain 
     transmittals of funds (to be defined by the Secretary) by any 
     domestic financial institution or domestic financial agency, 
     if such transmittal of funds involves any such institution, 
     class of transaction, or type of accounts.
       ``(b) Classified Information.--In any judicial review of a 
     finding of the existence of a primary money laundering 
     concern, or of the requirement for 1 or more special measures 
     with respect to a primary money laundering concern made under 
     this section, if the designation or imposition, or both, were 
     based on classified information (as defined in section 1(a) 
     of the Classified Information Procedures Act (18 U.S.C. 
     App.)), such information may be submitted by the Secretary to 
     the reviewing court ex parte and in camera. This subsection 
     does not confer or imply any right to judicial review of any 
     finding made or any requirement imposed under this section.
       ``(c) Availability of Information.--The exemptions from, 
     and prohibitions on, search and disclosure referred to in 
     section 9714(c) of the National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) 
     shall apply to any report or record of report filed pursuant 
     to a requirement imposed under subsection (a). For purposes 
     of section 552 of title 5, United States Code, this 
     subsection shall be considered a statute described in 
     subsection (b)(3)(B) of that section.
       ``(d) Penalties.--The penalties referred to in section 
     9714(d) of the National Defense Authorization Act for Fiscal 
     Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) shall 
     apply to violations of any order, regulation, special 
     measure, or other requirement imposed under subsection (a), 
     in the same manner and to the same extent as described in 
     such section 9714(d).
       ``(e) Injunctions.--The Secretary of the Treasury may bring 
     a civil action to enjoin a violation of any order, 
     regulation, special measure, or other requirement imposed 
     under subsection (a) in the same manner and to the same 
     extent as described in section 9714(e) of the National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 31 U.S.C. 5318A note).''.

     SEC. 1832. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS 
                   IN SUSPICIOUS TRANSACTIONS REPORTS OF THE 
                   FINANCIAL CRIMES ENFORCEMENT NETWORK.

       (a) Filing Instructions.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     Financial Crimes Enforcement Network shall issue guidance or 
     instructions to United States financial institutions for 
     filing reports on suspicious transactions required by section 
     1010.320 of title 31, Code of Federal Regulations, related to 
     suspected fentanyl trafficking by transnational criminal 
     organizations.
       (b) Prioritization of Reports Relating to Fentanyl 
     Trafficking or Transnational Criminal Organizations.--The 
     Director shall prioritize research into reports described in 
     subsection (a) that indicate a connection to trafficking of 
     fentanyl or related synthetic opioids or financing of 
     suspected transnational criminal organizations.

     SEC. 1833. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE 
                   WITH MEXICO, THE PEOPLE'S REPUBLIC OF CHINA, 
                   AND BURMA.

       (a) In General.--In the first update to the national 
     strategy for combating the financing of terrorism and related 
     forms of illicit finance submitted to Congress after the date 
     of the enactment of this Act, the Secretary of the Treasury 
     shall include a report on trade-based money laundering 
     originating in Mexico or the People's Republic of China and 
     involving Burma.
       (b) Definition.--In this section, the term ``national 
     strategy for combating the financing of terrorism and related 
     forms of illicit finance'' means the national strategy for 
     combating the financing of terrorism and related forms of 
     illicit finance required by section 261 of the Countering 
     America's Adversaries Through Sanctions Act (Public Law 115-
     44; 131 Stat. 934), as amended by section 6506 of the 
     National Defense Authorization Act for Fiscal Year 2022 
     (Public Law 117-81; 135 Stat. 2428).
                                 ______
                                 
  SA 283. Mr. SULLIVAN 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:

[[Page S2479]]

  


     SEC. 1083. PROTECT CAMP LEJEUNE VETS ACT.

       (a) Short Title.--This section may be cited as the 
     ``Protect Camp Lejeune Victims Ensnared by Trial-lawyer's 
     Scams Act'' or the ``Protect Camp Lejeune VETS Act''.
       (b) Attorneys Fees in Federal Cause of Action Relating to 
     Water at Camp Lejeune, North Carolina.--The Camp Lejeune 
     Justice Act of 2022 (28 U.S.C. 2671 note prec.) is amended--
       (1) by redesignating subsections (h), (i), and (j) as 
     subsections (j), (k), and (l), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h) Attorneys Fees.--
       ``(1) Limitations.--
       ``(A) General rule.--Notwithstanding any contract, an 
     attorney filing an action under subsection (b) or an 
     administrative action relating to such an action (as 
     described in section 2675 of title 28, United States Code) 
     (in this section referred to as an `administrative claim') 
     may not receive, for services rendered in connection with the 
     action, more than--
       ``(i) 12 percent of the payment made in the action for an 
     administrative claim (including a resubmission of an 
     administrative claim after the denial of an initial 
     administrative claim); or
       ``(ii) 17 percent of the payment made in the action for a 
     judgment rendered or settlement entered in an action filed 
     under subsection (b).
       ``(B) Amount of payment determined after offset.--For 
     purposes of this subsection, the amount of the payment made 
     in an action shall be the amount of the payment after any 
     offsetting reduction under subsection (e)(2) is made.
       ``(C) Prohibition on ancillary fees and costs.--Attorneys 
     fees paid in accordance with this subsection may not include 
     any ancillary fees or costs.
       ``(2) Penalty.--Any attorney who violates paragraph (1) 
     shall be fined not more than $5,000.
       ``(3) Certification of fees.--An attorney that receives 
     payment for services rendered in connection with an action 
     filed under subsection (b) or an administrative claim shall 
     submit to the court in which the action under subsection (b) 
     is pending or to the Secretary of the Navy, respectively, a 
     statement certifying--
       ``(A) the total amount of the payment in the action;
       ``(B) the amount of the payment to the attorney with 
     respect to the action; and
       ``(C) whether the percentage of the payment made to the 
     attorney is in accordance with paragraph (1).
       ``(4) Disclosure.--
       ``(A) In general.--Any judgment rendered, settlement 
     entered, or other award made with respect to an action filed 
     under subsection (b) or an administrative claim shall require 
     disclosure to the Attorney General or to the court of the 
     attorneys fees charged to an individual, or the legal 
     representative of an individual.
       ``(B) Reporting.--The Attorney General shall collect the 
     disclosures under subparagraph (A) of attorneys fees charged 
     and submit to Congress an annual report detailing--
       ``(i) the total amount paid under such judgments, 
     settlements, and awards;
       ``(ii) the total amount of attorney fees paid in connection 
     with such judgments, settlements, and awards; and
       ``(iii) for each such judgment, settlement, or award--

       ``(I) the name of the attorney for the individual or legal 
     representative of the individual;
       ``(II) if applicable, the law firm of the attorney; and
       ``(III) the amount of fees paid to the attorney.

       ``(5) Applicability.--This subsection shall apply with 
     respect to any action filed under subsection (b) and any 
     administrative action that is pending on, or that is filed on 
     or after, the date of enactment of the Protect Camp Lejeune 
     VETS Act, including pending matters in which a judgment was 
     rendered, a settlement was entered, or another award was made 
     before such date of enactment.
       ``(6) Severability.--If any provision of this subsection or 
     the application of such provision to any person or 
     circumstance is held to be invalid or unconstitutional, the 
     remainder of this subsection and the application of such 
     provisions to any person or circumstance shall not be 
     affected thereby.''.
       (c) Guidance.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Navy shall issue 
     guidance for claimants under the Camp Lejeune Justice Act of 
     2022 (28 U.S.C. 2671 note prec.) regarding the documentation 
     necessary to establish a claim under such Act.
       (d) Compensation Schedule.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary of the Navy 
     shall issue a compensation schedule specifying the amount of 
     payments for claimants under the Camp Lejeune Justice Act of 
     2022 (28 U.S.C. 2671 note prec.), based on the injuries 
     suffered by the claimant.
                                 ______
                                 
  SA 284. 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 subtitle D of title XII, add the following:

     SEC. 1269. ASSESSMENT OF IMPACT AND FEASIBILITY OF 
                   RESTRICTING GIFTS AND GRANTS TO UNITED STATES 
                   INSTITUTIONS OF HIGHER EDUCATION FROM ENTITIES 
                   ON THE NON-SDN CHINESE MILITARY-INDUSTRIAL 
                   COMPLEX COMPANIES LIST.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall submit to the appropriate congressional committees an 
     assessment of the impact and feasibility of restricting gifts 
     and grants to United States institutions of higher education 
     from entities on the Non-SDN Chinese Military-Industrial 
     Complex Companies List maintained by the Office of Foreign 
     Assets Control.
       (b) Elements.--The Secretary, in consultation with the 
     Secretary of Education, shall include in the assessment 
     required by subsection (a) an estimate of--
       (1) the total number of gifts and grants provided to United 
     States institutions of higher education by entities described 
     in subsection (a); and
       (2) the monetary value of those gifts and grants.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives.
       (2) Gifts and grants.--The term ``gifts and grants'' 
     includes financial contributions, material donations, 
     provision of services, scholarships, fellowships, research 
     funding, infrastructure investment, or any other form of 
     support that provides a benefit to the recipient institution.
                                 ______
                                 
  SA 285. 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:

     SECTION 12__. PEPFAR AUTHORIZATION.

       (a) Short Title.--This section may be cited as the ``PEPFAR 
     Extension Act of 2023''.
       (b) Inspectors General; Annual Study.--Section 101 of the 
     United States Leadership Against HIV/AIDS, Tuberculosis, and 
     Malaria Act of 2003 (22 U.S.C. 7611) is amended--
       (1) in subsection (f)(1)--
       (A) in subparagraph (A), by striking ``2023'' and inserting 
     ``2028''; and
       (B) in subparagraph (C)(iv)--
       (i) by striking ``nine'' and inserting ``14''; and
       (ii) by striking ``2023'' and inserting ``2028'';
       (2) in subsection (g)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``September 30, 2024'' and inserting 
     ``September 30, 2029''; and
       (B) in paragraph (2)--
       (i) in the heading, by striking ``2024'' and inserting 
     ``2029''; and
       (ii) by striking ``September 30, 2024'' and inserting 
     ``September 30, 2029''.
       (c) United States Financial Participation in the Global 
     Fund to Fight AIDS, Tuberculosis, and Malaria.--Section 
     202(d) of the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)) is 
     amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``2023'' and inserting 
     ``2028'';
       (ii) in clause (ii), by striking ``2023'' and inserting 
     ``2028''; and
       (iii) by striking clause (v); and
       (B) in subparagraph (B)(iii), by striking ``2023'' and 
     inserting ``2028''; and
       (2) in paragraph (5), in the matter preceding subparagraph 
     (A), by striking ``2023'' and inserting ``2028''.
       (d) Allocation of Funds.--Section 403 of the United States 
     Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
     2003 (22 U.S.C. 7673) is amended--
       (1) in subsection (b), by striking ``2023'' and inserting 
     ``2028''; and
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``2023'' and inserting ``2028''.
                                 ______
                                 
  SA 286. 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:

[[Page S2480]]

  


     SECTION 12__. ASSISTANCE TO COMBAT TUBERCULOSIS.

       (a) Short Title.--This section may be cited as the ``End 
     Tuberculosis Now Act of 2023''.
       (b) Findings.--Congress makes the following findings:
       (1) Tuberculosis (referred to in the Act as ``TB'') is a 
     preventable, treatable, and curable disease, yet more than 25 
     years after the World Health Organization declared it to be a 
     public health emergency and called on countries to make 
     scaling up TB control a priority, TB remains a deadly health 
     threat.
       (2) In 2021 alone, an estimated 10,600,000 people became 
     ill with TB, 11 percent of whom were children, and an 
     estimated 1,600,000 of these people died from the illness. In 
     order to achieve by 2035 the goals of the Political 
     Declaration of the High-Level Meeting of the General Assembly 
     on the Fight Against Tuberculosis, adopted by the United 
     Nations General Assembly October 10, 2018, and of the World 
     Health Organization End TB Strategy, adopted by the World 
     Health Assembly in 2014, new and existing tools must be 
     developed and scaled-up.
       (3) More than \1/3\ of people who become ill with TB may be 
     undiagnosed or misdiagnosed, resulting in unnecessary 
     illness, communicable infections, and increased mortality.
       (4) Since March 2020, the COVID-19 pandemic has severely 
     disrupted TB responses in low- and middle-income countries, 
     stalling and reversing years of progress made against TB. 
     According to the World Health Organization, from 2019 to 
     2020--
       (A) global detection of TB dropped by 18 percent;
       (B) an estimated 1,300,000 fewer people were diagnosed and 
     enrolled on TB treatment; and
       (C) in some countries, TB case notifications dropped by up 
     to 41 percent, setting progress back by up to 12 years.
       (5) Failure to properly diagnose and treat TB can lead to 
     death, can exacerbate antimicrobial resistance (a key 
     contributor to rising cases of multi-drug-resistant TB and 
     extensively drug-resistant TB), and can increase the 
     probability of the introduction of resistant TB into new 
     geographic areas.
       (6) TB programs have played a central role in responding to 
     COVID-19, including through leveraging the expertise of 
     medical staff with expertise in TB and lung diseases, the 
     repurposing of TB hospitals, and the use of the TB rapid 
     molecular testing platforms and x-ray equipment for multiple 
     purposes, including the treatment of COVID-19.
       (7) With sufficient resourcing, TB program expertise, 
     infection control, laboratory capacity, active case finding, 
     and contact investigation can serve as platforms for 
     respiratory pandemic response against existing and new 
     infectious respiratory disease without disrupting ongoing TB 
     programs and activities.
       (8) Globally, only about \1/2\ of the $13,000,000,000 
     required annually, as outlined in the Stop TB Partnership's 
     Global Plan to End TB, is currently available.
       (9) According to estimates by the Global Fund for AIDS, 
     Tuberculosis, and Malaria, an additional $3,500,000,000 was 
     needed during 2021 for TB programs in eligible countries in 
     order to recover from the negative impacts of COVID-19.
       (10) On September 26, 2018, the United Nations convened the 
     first High-Level Meeting of the General Assembly on the Fight 
     Against Tuberculosis, during which 120 countries--
       (A) signed a Political Declaration to accelerate progress 
     against TB, including through commitments to increase funding 
     for TB prevention, diagnosis, treatment, and research and 
     development programs, and to set ambitious goals to 
     successfully treat 40,000,000 people with active TB and 
     prevent at least 30,000,000 from becoming ill with TB between 
     2018 and 2022; and
       (B) committed to ``ending the epidemic in all countries, 
     and pledge[d] to provide leadership and to work together to 
     accelerate our national and global collective actions, 
     investments and innovations urgently to fight this 
     preventable and treatable disease'', as reflected in United 
     Nations General Assembly Resolution 73/3.
       (11) The United States Government continues to be a lead 
     funder of global TB research and development, contributing 44 
     percent of the total $915,000,000 in global funding in 2020, 
     and can catalyze more investments from other countries.
       (12) Working with governments and partners around the 
     world, USAID's TB programming has saved an estimated 
     74,000,000 lives, demonstrating the effectiveness of United 
     States programs and activities against the illness.
       (13) On September 26, 2018, the USAID Administrator 
     announced a new performance-based Global Accelerator to End 
     TB, aimed at catalyzing investments to meet the treatment 
     target set by the United Nations High-Level Meeting, further 
     demonstrating the critical role that United States leadership 
     and assistance plays in the fight to eliminate TB.
       (14) It is essential to ensure that efforts among United 
     States Government agencies, partner nations, international 
     organizations, nongovernmental organizations, the private 
     sector, and other actors are complementary and not 
     duplicative in order to achieve the goal of ending the TB 
     epidemic in all countries.
       (c) United States Government Assistance to Combat 
     Tuberculosis.--Section 104B of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151b-3) is amended to read as follows:

     ``SEC. 104B. ASSISTANCE TO COMBAT TUBERCULOSIS.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) The international spread of tuberculosis (referred to 
     in this section as `TB') and the deadly impact of TB's 
     continued existence constitutes a continuing challenge.
       ``(2) Additional tools and resources are required to 
     effectively diagnose, prevent, and treat TB.
       ``(3) Effectively resourced TB programs can serve as a 
     critical platform for preventing and responding to future 
     infectious respiratory disease pandemics.
       ``(b) Policy.--
       ``(1) In general.--It is a major objective of the foreign 
     assistance program of the United States to help end the TB 
     public health emergency through accelerated actions--
       ``(A) to support the diagnosis and treatment of all adults 
     and children with all forms of TB; and
       ``(B) to prevent new TB infections from occurring.
       ``(2) Support for global plans and objectives.--In 
     countries in which the United States Government has 
     established foreign assistance programs under this Act, 
     particularly in countries with the highest burden of TB and 
     other countries with high rates of infection and transmission 
     of TB, it is the policy of the United States--
       ``(A) to support the objectives of the World Health 
     Organization End TB Strategy, including its goals--
       ``(i) to reduce TB deaths by 95 percent by 2035;
       ``(ii) to reduce the TB incidence rate by 90 percent by 
     2035; and
       ``(iii) to reduce the number of families facing 
     catastrophic health costs due to TB by 100 percent by 2035;
       ``(B) to support the Stop TB Partnership's Global Plan to 
     End TB 2023-2030, including by providing support for--
       ``(i) developing and using innovative new technologies and 
     therapies to increase active case finding and rapidly 
     diagnose and treat children and adults with all forms of TB, 
     alleviate suffering, and ensure TB treatment completion;
       ``(ii) expanding diagnosis and treatment in line with the 
     goals established by the Political Declaration of the High-
     Level Meeting of the General Assembly on the Fight Against 
     Tuberculosis, including--

       ``(I) successfully treating 40,000,000 people with active 
     TB by 2023, including 3,500,000 children, and 1,500,000 
     people with drug-resistant TB; and
       ``(II) diagnosing and treating latent tuberculosis 
     infection, in support of the global goal of providing 
     preventive therapy to at least 30,000,000 people by 2023, 
     including 4,000,000 children younger than 5 years of age, 
     20,000,000 household contacts of people affected by TB, and 
     6,000,000 people living with HIV;

       ``(iii) ensuring high-quality TB care by closing gaps in 
     care cascades, implementing continuous quality improvement at 
     all levels of care, and providing related patient support; 
     and
       ``(iv) sustainable procurements of TB commodities to avoid 
     interruptions in supply, the procurement of commodities of 
     unknown quality, or payment of excessive commodity costs in 
     countries impacted by TB; and
       ``(C) to ensure, to the greatest extent practicable, that 
     United States funding supports activities that simultaneously 
     emphasize--
       ``(i) the development of comprehensive person-centered 
     programs, including diagnosis, treatment, and prevention 
     strategies to ensure that--

       ``(I) all people sick with TB receive quality diagnosis and 
     treatment through active case finding; and
       ``(II) people at high risk for TB infection are found and 
     treated with preventive therapies in a timely manner;

       ``(ii) robust TB infection control practices are 
     implemented in all congregate settings, including hospitals 
     and prisons;
       ``(iii) the deployment of diagnostic and treatment 
     capacity--

       ``(I) in areas with the highest TB burdens; and
       ``(II) for highly at-risk and impoverished populations, 
     including patient support services;

       ``(iv) program monitoring and evaluation based on critical 
     TB indicators, including indicators relating to infection 
     control, the numbers of patients accessing TB treatment and 
     patient support services, and preventative therapy for those 
     at risk, including all close contacts, and treatment outcomes 
     for all forms of TB;
       ``(v) training and engagement of health care workers on the 
     use of new diagnostic tools and therapies as they become 
     available, and increased support for training frontline 
     health care workers to support expanded TB active case 
     finding, contact tracing, and patient support services;
       ``(vi) coordination with domestic agencies and 
     organizations to support an aggressive research agenda to 
     develop vaccines as well as new tools to diagnose, treat, and 
     prevent TB globally;
       ``(vii) linkages with the private sector on--

       ``(I) research and development of a vaccine, and on new 
     tools for diagnosis and treatment of TB;
       ``(II) improving current tools for diagnosis and treatment 
     of TB, including telehealth solutions for prevention and 
     treatment; and

[[Page S2481]]

       ``(III) training healthcare professionals on use of the 
     newest and most effective diagnostic and therapeutic tools;

       ``(viii) the reduction of barriers to care, including 
     stigma and treatment and diagnosis costs, including through--

       ``(I) training health workers;
       ``(II) sensitizing policy makers;
       ``(III) requiring that all relevant grants and funding 
     agreements include access and affordability provisions;
       ``(IV) supporting education and empowerment campaigns for 
     TB patients regarding local TB services;
       ``(V) monitoring barriers to accessing TB services; and
       ``(VI) increasing support for patient-led and community-led 
     TB outreach efforts;

       ``(ix) support for country-level, sustainable 
     accountability mechanisms and capacity to measure progress 
     and ensure that commitments made by governments and relevant 
     stakeholders are met; and
       ``(x) support for the integration of TB diagnosis, 
     treatment, and prevention activities into primary health 
     care, as appropriate.
       ``(c) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(2) End tb strategy.--The term `End TB Strategy' means 
     the strategy to eliminate TB that was approved by the World 
     Health Assembly in May 2014, and is described in `The End TB 
     Strategy: Global Strategy and Targets for Tuberculosis 
     Prevention, Care and Control After 2015'.
       ``(3) Global alliance for tuberculosis drug development.--
     The term `Global Alliance for Tuberculosis Drug Development' 
     means the public-private partnership that bring together 
     leaders in health, science, philanthropy, and private 
     industry to devise new approaches to TB.
       ``(4) Global tuberculosis drug facility.--The term `Global 
     Tuberculosis Drug Facility' means the initiative of the Stop 
     Tuberculosis Partnership to increase access to the most 
     advanced, affordable, quality-assured TB drugs and 
     diagnostics.
       ``(5) MDR-TB.--The term `MDR-TB' means multi-drug-resistant 
     TB.
       ``(6) Stop tuberculosis partnership.--The term `Stop 
     Tuberculosis Partnership' means the partnership of 1,600 
     organizations (including international and technical 
     organizations, government programs, research and funding 
     agencies, foundations, nongovernmental organizations, civil 
     society and community groups, and the private sector), 
     donors, including the United States, high TB burden 
     countries, multilateral agencies, and nongovernmental and 
     technical agencies, which is governed by the Stop TB 
     Partnership Coordinating Board and hosted by a United Nations 
     entity, committed to short- and long-term measures required 
     to control and eventually eliminate TB as a public health 
     problem in the world.
       ``(7) XDR-TB.--The term `XDR-TB' means extensively drug-
     resistant TB.
       ``(d) Authorization.--To carry out this section, the 
     President is authorized, consistent with section 104(c), to 
     furnish assistance, on such terms and conditions as the 
     President may determine, for the prevention, treatment, 
     control, and elimination of TB.
       ``(e) Goals.--In consultation with the appropriate 
     congressional committees, the President shall establish 
     goals, based on the policy and indicators described in 
     subsection (b), for--
       ``(1) United States TB programs to detect, cure, and 
     prevent all forms of TB globally for the period between 2023 
     and 2030 that are aligned with the End TB Strategy's 2030 
     targets and the USAID's Global Tuberculosis (TB) Strategy 
     2023-2030; and
       ``(2) updating the National Action Plan for Combating 
     Multidrug-Resistant Tuberculosis.
       ``(f) Coordination.--
       ``(1) In general.--In carrying out this section, the 
     President shall coordinate with the World Health 
     Organization, the Stop TB Partnership, the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria, and other 
     organizations with respect to the development and 
     implementation of a comprehensive global TB response program.
       ``(2) Bilateral assistance.--In providing bilateral 
     assistance under this section, the President, acting through 
     the Administrator of the United States Agency for 
     International Development, shall--
       ``(A) catalyze support for research and development of new 
     tools to prevent, diagnose, treat, and control TB worldwide, 
     particularly to reduce the incidence of, and mortality from, 
     all forms of drug-resistant TB;
       ``(B) ensure United States programs and activities focus on 
     finding individuals with active TB disease and provide 
     quality diagnosis and treatment, including through digital 
     health solutions, and reaching those at high risk with 
     preventive therapy; and
       ``(C) ensure coordination among relevant United States 
     Government agencies, including the Department of State, the 
     Centers for Disease Control and Prevention, the National 
     Institutes of Health, the Biomedical Advanced Research and 
     Development Authority, the Food and Drug Administration, the 
     National Science Foundation, the Department of Defense 
     (through its Congressionally Directed Medical Research 
     Programs), and other relevant Federal departments and 
     agencies that engage in international TB activities--
       ``(i) to ensure accountability and transparency;
       ``(ii) to reduce duplication of efforts; and
       ``(iii) to ensure appropriate integration and coordination 
     of TB services into other United States-supported health 
     programs.
       ``(g) Priority To End TB Strategy.--In furnishing 
     assistance under subsection (d), the President shall 
     prioritize--
       ``(1) building and strengthening TB programs--
       ``(A) to increase the diagnosis and treatment of everyone 
     who is sick with TB; and
       ``(B) to ensure that such individuals have access to 
     quality diagnosis and treatment;
       ``(2) direct, high-quality integrated services for all 
     forms of TB, as described by the World Health Organization, 
     which call for the coordination of active case finding, 
     treatment of all forms of TB disease and infection, patient 
     support, and TB prevention;
       ``(3) treating individuals co-infected with HIV and other 
     co-morbidities, and other individuals with TB who may be at 
     risk of stigma;
       ``(4) strengthening the capacity of health systems to 
     detect, prevent, and treat TB, including MDR-TB and XDR-TB, 
     as described in the latest international guidance related to 
     TB;
       ``(5) researching and developing innovative diagnostics, 
     drug therapies, and vaccines, and program-based research;
       ``(6) support for the Stop Tuberculosis Partnership's 
     Global Drug Facility, the Global Alliance for Tuberculosis 
     Drug Development, and other organizations promoting the 
     development of new products and drugs for TB; and
       ``(7) ensuring that TB programs can serve as key platforms 
     for supporting national respiratory pandemic response against 
     existing and new infectious respiratory disease.
       ``(h) Assistance for the World Health Organization and the 
     Stop Tuberculosis Partnership.--In carrying out this section, 
     the President, acting through the Administrator of the United 
     States Agency for International Development, is authorized--
       ``(1) to provide resources to the World Health Organization 
     and the Stop Tuberculosis Partnership to improve the capacity 
     of countries with high burdens or rates of TB and other 
     affected countries to implement the End TB Strategy, the Stop 
     TB Global Plan to End TB, their own national strategies and 
     plans, other global efforts to control MDR-TB and XDR-TB; and
       ``(2) to leverage the contributions of other donors for the 
     activities described in paragraph (1).
       ``(i) Annual Report on TB Activities.--Not later than 
     December 15 of each year until the earlier of the date on 
     which the goals specified in subsection (b)(2)(A) are met or 
     the last day of 2030, the President shall submit an annual 
     report to the appropriate congressional committees that 
     describes United States foreign assistance to control TB and 
     the impact of such efforts, including--
       ``(1) the number of individuals with active TB disease that 
     were diagnosed and treated, including the rate of treatment 
     completion and the number receiving patient support;
       ``(2) the number of persons with MDR-TB and XDR-TB that 
     were diagnosed and treated, including the rate of completion, 
     in countries receiving United States bilateral foreign 
     assistance for TB control programs;
       ``(3) the number of people trained by the United States 
     Government in TB surveillance and control;
       ``(4) the number of individuals with active TB disease 
     identified as a result of engagement with the private sector 
     and other nongovernmental partners in countries receiving 
     United States bilateral foreign assistance for TB control 
     programs;
       ``(5) a description of the collaboration and coordination 
     of United States anti-TB efforts with the World Health 
     Organization, the Stop TB Partnership, the Global Fund to 
     Fight AIDS, Tuberculosis and Malaria, and other major public 
     and private entities;
       ``(6) a description of the collaboration and coordination 
     among the United States Agency for International Development 
     and other United States departments and agencies, including 
     the Centers for Disease Control and Prevention and the Office 
     of the Global AIDS Coordinator, for the purposes of combating 
     TB and, as appropriate, its integration into primary care;
       ``(7) the constraints on implementation of programs posed 
     by health workforce shortages, health system limitations, 
     barriers to digital health implementation, other challenges 
     to successful implementation, and strategies to address such 
     constraints;
       ``(8) a breakdown of expenditures for patient services 
     supporting TB diagnosis, treatment, and prevention, including 
     procurement of drugs and other commodities, drug management, 
     training in diagnosis and treatment, health systems 
     strengthening that directly impacts the provision of TB 
     services, and research; and
       ``(9) for each country, and when practicable, each project 
     site receiving bilateral United States assistance for the 
     purpose of TB prevention, treatment, and control--
       ``(A) a description of progress toward the adoption and 
     implementation of the most recent World Health Organization 
     guidelines to improve diagnosis, treatment, and prevention of 
     TB for adults and children, disaggregated by sex, including 
     the proportion of health facilities that have adopted the 
     latest World Health Organization guidelines on strengthening 
     monitoring systems

[[Page S2482]]

     and preventative, diagnostic, and therapeutic methods, 
     including the use of rapid diagnostic tests and orally 
     administered TB treatment regimens;
       ``(B) the number of individuals screened for TB disease and 
     the number evaluated for TB infection using active case 
     finding outside of health facilities;
       ``(C) the number of individuals with active TB disease that 
     were diagnosed and treated, including the rate of treatment 
     completion and the number receiving patient support;
       ``(D) the number of adults and children, including people 
     with HIV and close contacts, who are evaluated for TB 
     infection, the number of adults and children started on 
     treatment for TB infection, and the number of adults and 
     children completing such treatment, disaggregated by sex and, 
     as possible, income or wealth quintile;
       ``(E) the establishment of effective TB infection control 
     in all relevant congregant settings, including hospitals, 
     clinics, and prisons;
       ``(F) a description of progress in implementing measures to 
     reduce TB incidence, including actions--
       ``(i) to expand active case finding and contact tracing to 
     reach vulnerable groups; and
       ``(ii) to expand TB preventive therapy, engagement of the 
     private sector, and diagnostic capacity;
       ``(G) a description of progress to expand diagnosis, 
     prevention, and treatment for all forms of TB, including in 
     pregnant women, children, and individuals and groups at 
     greater risk of TB, including migrants, prisoners, miners, 
     people exposed to silica, and people living with HIV/AIDS, 
     disaggregated by sex;
       ``(H) the rate of successful completion of TB treatment for 
     adults and children, disaggregated by sex, and the number of 
     individuals receiving support for treatment completion;
       ``(I) the number of people, disaggregated by sex, receiving 
     treatment for MDR-TB, the proportion of those treated with 
     the latest regimens endorsed by the World Health 
     Organization, factors impeding scale up of such treatment, 
     and a description of progress to expand community-based MDR-
     TB care;
       ``(J) a description of TB commodity procurement challenges, 
     including shortages, stockouts, or failed tenders for TB 
     drugs or other commodities;
       ``(K) the proportion of health facilities with specimen 
     referral linkages to quality diagnostic networks, including 
     established testing sites and reference labs, to ensure 
     maximum access and referral for second line drug resistance 
     testing, and a description of the turnaround time for test 
     results;
       ``(L) the number of people trained by the United States 
     Government to deliver high-quality TB diagnostic, 
     preventative, monitoring, treatment, and care services;
       ``(M) a description of how supported activities are 
     coordinated with--
       ``(i) country national TB plans and strategies; and
       ``(ii) TB control efforts supported by the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria, and other 
     international assistance programs and funds, including in the 
     areas of program development and implementation; and
       ``(N) for the first 3 years of the report required under 
     this subsection, a description of the progress in recovering 
     from the negative impact of COVID-19 on TB, including--
       ``(i) whether there has been the development and 
     implementation of a comprehensive plan to recover TB 
     activities from diversion of resources;
       ``(ii) the continued use of bidirectional TB-COVID testing; 
     and
       ``(iii) progress on increased diagnosis and treatment of 
     active TB.
       ``(j) Annual Report on TB Research and Development.--The 
     President, acting through the Administrator of the United 
     States Agency for International Development, and in 
     coordination with the National Institutes of Health, the 
     Centers for Disease Control and Prevention, the Biomedical 
     Advanced Research and Development Authority, the Food and 
     Drug Administration, the National Science Foundation, and the 
     Office of the Global AIDS Coordinator, shall submit to the 
     appropriate congressional committees until 2030 an annual 
     report that--
       ``(1) describes the current progress and challenges to the 
     development of new tools for the purpose of TB prevention, 
     treatment, and control;
       ``(2) identifies critical gaps and emerging priorities for 
     research and development, including for rapid and point-of-
     care diagnostics, shortened treatments and prevention 
     methods, telehealth solutions for prevention and treatment, 
     and vaccines; and
       ``(3) describes research investments by type, funded 
     entities, and level of investment.
       ``(k) Evaluation Report.--Not later than 3 years after the 
     date of the enactment of the End Tuberculosis Now Act of 
     2023, and 5 years thereafter, the Comptroller General of the 
     United States shall submit a report to the appropriate 
     congressional committees that evaluates the performance and 
     impact on TB prevention, diagnosis, treatment, and care 
     efforts that are supported by United States bilateral 
     assistance funding, including recommendations for improving 
     such programs.''.
                                 ______
                                 
  SA 287. 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 end of title XII, add the following:

              Subtitle H--Taiwan Tax Agreement Act of 2023

     SECTION 1299O. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Tax Agreement 
     Act of 2023''.

     SEC. 1299P. FINDINGS.

        Congress makes the following findings:
       (1) The United States has entered into tax treaties 
     covering 65 jurisdictions, which facilitate economic 
     activity, strengthen bilateral cooperation, and benefit 
     United States businesses and other United States taxpayers.
       (2) Taiwan is a one of the largest trading partners of the 
     United States and one of the world's largest economies, and 
     further bolstering economic ties between the United States 
     and Taiwan remains critical, especially given Taiwan's 
     strategic importance and the increasing threat posed by the 
     People's Republic of China.
       (3) A tax agreement with Taiwan would play a key role in 
     facilitating and promoting increased bilateral investment and 
     trade between the United States and Taiwan, fortifying the 
     relationship between the two more generally, and encouraging 
     other nations to increase their economic linkages to Taiwan.

     SEC. 1299Q. AUTHORIZATION TO NEGOTIATE AND CONCLUDE.

       (a) In General.--The President is authorized to negotiate 
     and enter into a tax agreement relative to Taiwan through the 
     American Institute in Taiwan (AIT) (hereinafter the 
     ``Agreement'').
       (b) Elements of Agreement.--The Agreement authorized to be 
     negotiated and concluded under this section shall conform 
     with the provisions customarily contained in United States 
     bilateral income tax conventions, as exemplified by the 2016 
     United States Model Income Tax Convention, and shall include 
     the following elements:
       (1) Application to tax residents of the United States, 
     Taiwan, or both, exclusive of enterprises headquartered in 
     the People's Republic of China or in third states that do not 
     have a comprehensive income tax treaty with the United 
     States.
       (2) Relief from double taxation.
       (3) Measures aimed at limiting the risk of tax evasion or 
     avoidance.
       (4) Entry into force conditioned upon confirmation by the 
     President of approval by the United States Congress, as 
     described in section 5, and relevant authority in Taiwan and 
     necessary steps taken to enable implementation.
       (c) Limitation.--The Agreement authorized to be negotiated 
     and concluded under this section may not include elements 
     outside the scope of the 2016 United States Model Income Tax 
     Convention.

     SEC. 1299R. CONSULTATION.

       (a) Notification Upon Commencement of Negotiations.--The 
     President shall provide written notification to the 
     appropriate congressional committees of the commencement of 
     negotiations between AIT and TECRO on the Agreement at least 
     15 calendar days before such commencement.
       (b) Briefings.--Not later than 90 days after commencement 
     of negotiations on the Agreement, and every 180 days 
     thereafter until conclusion of the Agreement, the President 
     shall provide a briefing to the appropriate congressional 
     committees providing an update on the status of negotiations, 
     including a description of elements under negotiation.
       (c) Consultations During Negotiations.--In the course of 
     negotiations conducted under the authorities of this 
     subtitle, the Secretary of the Treasury, in coordination with 
     the Secretary of State, shall--
       (1) meet, upon request, with the Chairman or Ranking Member 
     of the appropriate congressional committees regarding 
     negotiating objectives and the status of negotiations in 
     progress; and
       (2) consult closely, on a timely basis, and keep fully 
     apprised of the negotiations, the appropriate congressional 
     committees.

     SEC. 1299S. APPROVAL OF THE AGREEMENT.

       (a) Submission of Agreement.--Not later than 180 days after 
     the Agreement is concluded, the Secretary of State shall 
     provide the Agreement and technical explanation to the 
     appropriate congressional committees.
       (b) Approval.--The Agreement shall not take effect until 
     after Congress passes a concurrent resolution of approval as 
     described in subsection (c).
       (c) Terms of Concurrent Resolution of Approval.--
       (1) In general.--For purposes of subsection (b), the term 
     ``concurrent resolution of approval'' means only a concurrent 
     resolution--
       (A) which does not have a preamble;
       (B) which includes in the matter after the resolving clause 
     the following: ``That Congress approves the Tax Agreement 
     concluded between the American Institute in Taiwan and the 
     Taipei Economic and Cultural Representative Office, as 
     submitted by the President on ____.'', the blank space being 
     filled in with the appropriate date; and

[[Page S2483]]

       (C) the title of which is as follows: ``Concurrent 
     resolution approving the Tax Agreement concluded between the 
     American Institute in Taiwan and the Taipei Economic and 
     Cultural Representative Office.''.
       (2) Referral.--A resolution described in this subsection 
     that is introduced in the Senate shall be referred to the 
     Committee on Foreign Relations of the Senate. A resolution 
     described in this subsection that is introduced in the House 
     of Representatives shall be referred to the Committee on 
     Foreign Affairs of the House of Representatives.

     SEC. 1299T. ENTRY INTO FORCE AND LEGAL EFFECT OF THE 
                   AGREEMENT.

       (a) Entry Into Force.--Upon passage of the concurrent 
     resolution of approval, the President may bring the Agreement 
     into force.
       (b) Legal Effect.--Upon entry into force, the Agreement 
     shall be afforded the same treatment as a treaty for purposes 
     of the laws of the United States.

     SEC. 1299U. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this section, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations and the 
     Committee on Finance of the Senate and the Committee on 
     Foreign Affairs and the Committee on Ways and Means of the 
     House of Representatives.
                                 ______
                                 
  SA 288. 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, insert the following:

       DIVISION F--INTERNATIONAL TRAFFICKING VICTIMS PROTECTION 
                      REAUTHORIZATION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``International 
     Trafficking Victims Protection Reauthorization Act of 2023''

             TITLE LXI--COMBATING HUMAN TRAFFICKING ABROAD

     SEC. 6101. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-
                   TRAFFICKING IN PERSONS INTERVENTIONS IN 
                   MULTILATERAL DEVELOPMENT BANKS.

       (a) Requirements.--The Secretary of the Treasury, in 
     consultation with the Secretary of State acting through the 
     Ambassador-at-Large to Monitor and Combat Trafficking in 
     Persons, shall instruct the United States Executive Director 
     of each multilateral development bank (as defined in section 
     110(d) of the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7107(d))) to encourage the inclusion of a counter-
     trafficking strategy, including risk assessment and 
     mitigation efforts as needed, in proposed projects in 
     countries listed--
       (1) on the Tier 2 Watch List (required under section 
     110(b)(2)(A) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7107(b)(2)(A)), as amended by section 
     104(a));
       (2) under subparagraph (C) of section 110(b)(1) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7107(b)(1)) (commonly referred to as ``tier 3''); and
       (3) as Special Cases in the most recent report on 
     trafficking in persons required under such section (commonly 
     referred to as the ``Trafficking in Persons Report'').
       (b) Briefings.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall brief the 
     appropriate congressional committees regarding the 
     implementation of this section.
       (c) GAO Report.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report that details the activities of the United 
     States relating to combating human trafficking, including 
     forced labor, within multilateral development projects.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 6102. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES 
                   AGENCY FOR INTERNATIONAL DEVELOPMENT.

       (a) In General.--In order to strengthen prevention efforts 
     by the United States abroad, the Administrator of the United 
     States Agency for International Development (referred to in 
     this section as the ``Administrator'') shall, to the extent 
     practicable and appropriate--
       (1) encourage the integration of activities to counter 
     trafficking in persons (referred to in this section as ``C-
     TIP'') into broader assistance programming;
       (2) determine a reasonable definition for the term ``C-TIP 
     Integrated Development Programs,'' which shall include any 
     programming to address health, food security, economic 
     development, education, democracy and governance, and 
     humanitarian assistance that includes a sufficient C-TIP 
     element; and
       (3) ensure that each mission of the United States Agency 
     for International Development (referred to in this section as 
     ``USAID'')--
       (A) integrates a C-TIP component into development programs, 
     project design, and methods for program monitoring and 
     evaluation, as necessary and appropriate, when addressing 
     issues, including--
       (i) health;
       (ii) food security;
       (iii) economic development;
       (iv) education;
       (v) democracy and governance; and
       (vi) humanitarian assistance;
       (B) continuously adapts, strengthens, and implements 
     training and tools related to the integration of a C-TIP 
     perspective into the work of development actors; and
       (C) encourages USAID Country Development Cooperation 
     Strategies to include C-TIP components in project design, 
     implementation, monitoring, and evaluation, as necessary and 
     appropriate.
       (b) Reports and Briefings Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of an Act making appropriations for the 
     Department of State, Foreign Operations, and Related Programs 
     through fiscal year 2027, the Secretary of State, in 
     consultation with the Administrator, shall submit to the 
     appropriate congressional committees a report on obligations 
     and expenditures of all funds managed by the Department of 
     State and USAID in the prior fiscal year to combat human 
     trafficking and forced labor, including integrated C-TIP 
     activities.
       (2) Contents.--The report required by paragraph (1) shall 
     include--
       (A) a description of funding aggregated by program, 
     project, and activity; and
       (B) a description of the management structure at the 
     Department of State and USAID used to manage such programs.
       (3) Biennial briefing.--Not later than 6 months of after 
     the date of the enactment of this Act, and every 2 years 
     thereafter through fiscal year 2027, the Secretary of State, 
     in consultation with the Administrator, shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     on the implementation of subsection (a).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 6103. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN 
                   DEVELOPMENT COOPERATION AND ASSISTANCE POLICY.

       The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     is amended--
       (1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
       (A) in subparagraph (F), by striking ``and'' at the end;
       (B) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) effective counter-trafficking in persons policies and 
     programs.''; and
       (2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
       (A) by striking ``that the funds'' and inserting the 
     following: ``that--
       ``(A) the funds'';
       (B) in subparagraph (A), as added by subparagraph (A) of 
     this paragraph, by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) in carrying out the provisions of this chapter, the 
     President shall, to the greatest extent possible--
       ``(i) ensure that assistance made available under this 
     section does not create or contribute to conditions that can 
     be reasonably expected to result in an increase in 
     trafficking in persons who are in conditions of heightened 
     vulnerability as a result of natural and manmade disasters; 
     and
       ``(ii) integrate appropriate protections into the planning 
     and execution of activities authorized under this chapter.''.

     SEC. 6104. TECHNICAL AMENDMENTS TO TIER RANKINGS.

       (a) Modifications to Tier 2 Watch List.--Section 110(b)(2) 
     of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7107(b)(2)), is amended--
       (1) in the paragraph heading, by striking ``Special'' and 
     inserting ``Tier 2''; and
       (2) in subparagraph (A)--
       (A) by striking ``of the following countries'' and all that 
     follows through ``annual report, where--''and inserting ``of 
     countries that have been listed pursuant to paragraph (1)(B) 
     pursuant to the current annual report, in which--''; and
       (B) by redesignating subclauses (I) and (II) as clauses (i) 
     and (ii), respectively, and moving such clauses (as so 
     redesignated) 2 ems to the left.
       (b) Modification to Special Rule for Downgraded and 
     Reinstated Countries.--Section 110(b)(2)(F) of such Act (22 
     U.S.C. 7107(b)(2)(F)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``special watch list described in subparagraph (A)(iii) for 
     more than 1 consecutive year after the country'' and 
     inserting

[[Page S2484]]

     ``Tier 2 watch list described in subparagraph (A) for more 
     than one year immediately after the country consecutively'';
       (2) in clause (i), in the matter preceding subclause (I), 
     by striking ``special watch list described in subparagraph 
     (A)(iii)'' and inserting ``Tier 2 watch list described in 
     subparagraph (A)''; and
       (3) in clause (ii), by inserting ``in the year following 
     such waiver under subparagraph (D)(ii)'' after ``paragraph 
     (1)(C)''.
       (c) Conforming Amendments.--
       (1) Trafficking victims protection act of 2000.--Section 
     110(b) of the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7107(b)), as amended by subsections (a) and (b), is 
     further amended--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``special watch list'' 
     and inserting ``Tier 2 watch list'';
       (ii) in subparagraph (C)--

       (I) in the subparagraph heading, by striking ``special 
     watch list'' and inserting ``Tier 2 watch list''; and
       (II) by striking ``special watch list'' and inserting 
     ``Tier 2 watch list''; and

       (iii) in subparagraph (D)--

       (I) in the subparagraph heading, by striking ``special 
     watch list'' and inserting ``Tier 2 watch list''; and
       (II) in clause (i), by striking ``special watch list'' and 
     inserting ``Tier 2 watch list'';

       (B) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``clauses (i), (ii), and (iii) of''; and
       (C) in paragraph (4)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``each country described in paragraph 
     (2)(A)(ii)'' and inserting ``each country described in 
     paragraph (2)(A)''; and
       (ii) in subparagraph (D)(ii), by striking ``the Special 
     Watch List'' and inserting ``the Tier 2 watch list''.
       (2) Frederick douglass trafficking victims prevention and 
     protection reauthorization act of 2018.--Section 204(b)(1) of 
     the Frederick Douglass Trafficking Victims Prevention and 
     Protection Reauthorization Act of 2018 (Public Law 115-425) 
     is amended by striking ``special watch list'' and inserting 
     ``Tier 2 watch list''.
       (3) Bipartisan congressional trade priorities and 
     accountability act of 2015.--Section 106(b)(6)(E)(iii) of the 
     Bipartisan Congressional Trade Priorities and Accountability 
     Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by 
     striking ``under section'' and all that follows and inserting 
     ``under section 110(b)(2)(A) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.

     SEC. 6105. MODIFICATIONS TO THE PROGRAM TO END MODERN 
                   SLAVERY.

       (a) In General.--Section 1298 of the National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is 
     amended--
       (1) in subsection (a)(1), by striking ``Not later than 90 
     days after the date of the enactment of this Act'' and 
     inserting ``Not later than 90 days after the date of the 
     enactment of the International Trafficking Victims Protection 
     Reauthorization Act of 2023'';
       (2) in subsection (g)--
       (A) by striking ``Appropriations'' in the heading and all 
     that follows through ``There is authorized'' and inserting 
     ``Appropriations .--There is authorized''; and
       (B) by striking paragraph (2); and
       (3) in subsection (h)(1), by striking ``Not later than 
     September 30, 2018, and September 30, 2020'' and inserting 
     ``Not later than September 30, 2023, and September 30, 
     2027''.
       (b) Eligibility.--To be eligible for funding under the 
     Program to End Modern Slavery of the Office to Monitor and 
     Combat Trafficking in Persons, a grant recipient shall--
       (1) publish the names of all subgrantee organizations on a 
     publicly available website; or
       (2) if the subgrantee organization expresses a security 
     concern, the grant recipient shall relay such concerns to the 
     Secretary of State, who shall transmit annually the names of 
     all subgrantee organizations in a classified annex to the 
     chairs of the appropriate congressional committees (as 
     defined in section 1298(i) of the National Defense 
     Authorization Act of 2017 (22 U.S.C. 7114(i))).
       (c) Award of Funds.--All grants issued under the program 
     referred to in subsection (b) shall be--
       (1) awarded on a competitive basis; and
       (2) subject to the regular congressional notification 
     procedures applicable with respect to grants made available 
     under section 1298(b) of the National Defense Authorization 
     Act of 2017 (22 U.S.C. 7114(b)).

     SEC. 6106. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED 
                   FOREIGN ASSISTANCE.

       (a) Clarification of Scope of Withheld Assistance.--Section 
     110(d)(1) of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7107(d)(1)) is amended to read as follows:
       ``(1) Withholding of assistance.--The President has 
     determined that--
       ``(A) the United States will not provide nonhumanitarian, 
     nontrade-related foreign assistance to the central government 
     of the country or funding to facilitate the participation by 
     officials or employees of such central government in 
     educational and cultural exchange programs, for the 
     subsequent fiscal year until such government complies with 
     the minimum standards or makes significant efforts to bring 
     itself into compliance; and
       ``(B) the President will instruct the United States 
     Executive Director of each multilateral development bank and 
     of the International Monetary Fund to vote against, and to 
     use the Executive Director's best efforts to deny, any loan 
     or other utilization of the funds of the respective 
     institution to that country (other than for humanitarian 
     assistance, for trade-related assistance, or for development 
     assistance that directly addresses basic human needs, is not 
     administered by the central government of the sanctioned 
     country, and is not provided for the benefit of that 
     government) for the subsequent fiscal year until such 
     government complies with the minimum standards or makes 
     significant efforts to bring itself into compliance.''.
       (b) Definition of Non-Humanitarian, Nontrade Related 
     Assistance.--Section 103(10) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to 
     read as follows:
       ``(10) Nonhumanitarian, nontrade-related foreign 
     assistance.--
       ``(A) In general.--The term `nonhumanitarian, nontrade-
     related foreign assistance' means--
       ``(i) United States foreign assistance, other than--

       ``(I) with respect to the Foreign Assistance Act of 1961--

       ``(aa) assistance for international narcotics and law 
     enforcement under chapter 8 of part I of such Act (22 U.S.C. 
     2291 et seq.);
       ``(bb) assistance for International Disaster Assistance 
     under subsections (b) and (c) of section 491 of such Act (22 
     U.S.C. 2292);
       ``(cc) antiterrorism assistance under chapter 8 of part II 
     of such Act (22 U.S.C. 2349aa et seq.); and
       ``(dd) health programs under chapters 1 and 10 of part I 
     and chapter 4 of part II of such Act (22 U.S.C. 2151 et 
     seq.);

       ``(II) assistance under the Food for Peace Act (7 U.S.C. 
     1691 et seq.);
       ``(III) assistance under sections 2(a), (b), and (c) of the 
     Migration and Refugee Assistance Act of 1962 (22 U.S.C. 
     2601(a), (b), (c)) to meet refugee and migration needs;
       ``(IV) any form of United States foreign assistance 
     provided through nongovernmental organizations, international 
     organizations, or private sector partners--

       ``(aa) to combat human and wildlife trafficking;
       ``(bb) to promote food security;
       ``(cc) to respond to emergencies;
       ``(dd) to provide humanitarian assistance;
       ``(ee) to address basic human needs, including for 
     education;
       ``(ff) to advance global health security; or
       ``(gg) to promote trade; and

       ``(V) any other form of United States foreign assistance 
     that the President determines, by not later than October 1 of 
     each fiscal year, is necessary to advance the security, 
     economic, humanitarian, or global health interests of the 
     United States without compromising the steadfast U.S. 
     commitment to combatting human trafficking globally; or

       ``(ii) sales, or financing on any terms, under the Arms 
     Export Control Act (22 U.S.C. 2751 et seq.), other than sales 
     or financing provided for narcotics-related purposes 
     following notification in accordance with the prior 
     notification procedures applicable to reprogrammings pursuant 
     to section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1).
       ``(B) Exclusions.--The term `nonhumanitarian, nontrade-
     related foreign assistance' shall not include payments to or 
     the participation of government entities necessary or 
     incidental to the implementation of a program that is 
     otherwise consistent with section 110.''.

     SEC. 6107. EXPANDING PROTECTIONS FOR DOMESTIC WORKERS OF 
                   OFFICIAL AND DIPLOMATIC VISA HOLDERS.

       Section 203(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1375c(b)) is amended by inserting after paragraph (4) the 
     following:
       ``(5) National expansion of in-person registration 
     program.--The Secretary shall administer the Domestic Worker 
     In-Person Registration Program for employees with A-3 visas 
     or G-5 visas employed by accredited foreign mission members 
     or international organization employees and shall expand this 
     program nationally, which shall include--
       ``(A) after the arrival of each such employee in the United 
     States, and annually during the course of such employee's 
     employment, a description of the rights of such employee 
     under applicable Federal and State law; and
       ``(B) provision of a copy of the pamphlet developed 
     pursuant to section 202 to the employee with an A-3 visa or a 
     G-5 visa; and
       ``(C) information on how to contact the National Human 
     Trafficking Hotline.
       ``(6) Monitoring and training of a-3 and g-5 visa employers 
     accredited to foreign missions and international 
     organizations.--The Secretary shall--
       ``(A) inform embassies, international organizations, and 
     foreign missions of the rights of A-3 and G-5 domestic 
     workers under the applicable labor laws of the United States, 
     including the fair labor standards described in the pamphlet 
     developed pursuant to section 202. Information provided to 
     foreign missions, embassies, and international organizations 
     should include material on labor standards and labor rights 
     of domestic worker employees who hold A-3 and G-5 visas;
       ``(B) inform embassies, international organizations, and 
     foreign missions of the potential consequences to individuals 
     holding a nonimmigrant visa issued pursuant to subparagraph 
     (A)(i), (A)(ii), (G)(i), (G)(ii), or

[[Page S2485]]

     (G)(iii) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) who violate the laws 
     described in subclause (I)(aa), including (at the discretion 
     of the Secretary)--
       ``(i) the suspension of A-3 visas and G-5 visas;
       ``(ii) request for waiver of immunity;
       ``(iii) criminal prosecution;
       ``(iv) civil damages; and
       ``(v) permanent revocation of or refusal to renew the visa 
     of the accredited foreign mission or international 
     organization employee; and
       ``(C) require all accredited foreign mission and 
     international organization employers of individuals holding 
     A-3 visas or G-5 visas to report the wages paid to such 
     employees on an annual basis.''.

     SEC. 6108. EFFECTIVE DATES.

       Sections 6104(b) and 6106 and the amendments made by those 
     sections take effect on the date that is the first day of the 
     first full reporting period for the report required by 
     section 110(b)(1) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7107(b)(1)) after the date of the 
     enactment of this Act.

              TITLE LXII--AUTHORIZATION OF APPROPRIATIONS

     SEC. 6201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF 
                   TRAFFICKING AND VIOLENCE PROTECTION ACT OF 
                   2000.

       Section 113 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7110) is amended--
       (1) in subsection (a), by striking ``2018 through 2021, 
     $13,822,000'' and inserting ``2024 through 2027, 
     $17,000,000''; and
       (2) in subsection (c)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``2018 through 2021, $65,000,000'' and inserting ``2024 
     through 2027, $102,500,000, of which $22,000,000 shall be 
     made available each fiscal year to the United States Agency 
     for International Development and the remainder of'';
       (B) in subparagraph (C), by striking ``; and'' at the end 
     and inserting a semicolon;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(E) to fund programs to end modern slavery, in an amount 
     not to exceed $37,500,000 for each of the fiscal years 2024 
     through 2027.''.

     SEC. 6202. EXTENSION OF AUTHORIZATIONS UNDER THE 
                   INTERNATIONAL MEGAN'S LAW.

       Section 11 of the International Megan's Law to Prevent 
     Child Exploitation and Other Sexual Crimes Through Advanced 
     Notification of Traveling Sex Offenders (34 U.S.C. 21509) is 
     amended by striking ``2018 through 2021'' and inserting 
     ``2024 through 2027''.

                         TITLE LXIII--BRIEFINGS

     SEC. 6301. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S REPORT.

       Not later than 30 days after the public designation of 
     country tier rankings and subsequent publishing of the 
     Trafficking in Persons Report, the Secretary of State shall 
     brief the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives on--
       (1) countries that were downgraded or upgraded in the most 
     recent Trafficking in Persons Report; and
       (2) the efforts made by the United States to improve 
     counter-trafficking efforts in those countries, including 
     foreign government efforts to better meet minimum standards 
     to eliminate human trafficking.

     SEC. 6302. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.

       Not later than 30 days after the President has determined 
     to issue a waiver under section 110(d)(5) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the 
     Secretary of State shall brief the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives on--
        (a) each country that received a waiver;
       (b) the justification for each such waiver; and
       (c) a description of the efforts made by each country to 
     meet the minimum standards to eliminate human trafficking.
                                 ______
                                 
  SA 289. 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 end of subtitle D of title XII, add the following:

     SEC. 1269. ENHANCED COOPERATION WITH ASEAN.

       (a) Statement of Policy on Deepening Cooperation With 
     ASEAN.--It is the policy of the United States--
       (1) to reaffirm the United States-ASEAN Comprehensive 
     Strategic Partnership, established in 2022 following 45 years 
     of Dialogue Partnership;
       (2) to enhance United States-ASEAN cooperation in support 
     of an open, transparent, resilient, inclusive and rules-based 
     regional architecture in the Indo-Pacific;
       (3) to support regular, high-level United States official 
     engagement with ASEAN, including the participation in the 
     annual ASEAN Summit held each year;
       (4) to enhance cooperation with ASEAN member states, as 
     appropriate, as well as with the institution of ASEAN and the 
     ASEAN Secretariat, including through the United States 
     Mission to ASEAN, led by the United States Ambassador to 
     ASEAN; and
       (5) to welcome the decision in-principle by ASEAN to admit 
     Timor-Leste to be ASEAN's 11th member state and to encourage 
     United States support to Timor-Leste in its capacity as an 
     official ASEAN observer.
       (b) Sense of Congress on the Establishment of an ASEAN 
     Delegation to the United States.--It is the sense of Congress 
     that--
       (1) it is in the United States interest to encourage the 
     establishment, at the earliest opportunity, of an ASEAN 
     delegation to the United States, to enhance cooperation 
     between ASEAN and the United States at all levels; and
       (2) the establishment of an ASEAN center in the United 
     States would support United States economic and cultural 
     engagement with Southeast Asia.
       (c) Extension of Diplomatic Immunities to the Association 
     of Southeast Asian Nations.--The provisions of the 
     International Organizations Immunities Act (22 U.S.C. 288 et 
     seq.) may be extended to the Association of Southeast Asian 
     Nations in the same manner, to the same extent, and subject 
     to the same conditions as such provisions may be extended to 
     a public international organization in which the United 
     States participates pursuant to any treaty or under the 
     authority of any Act of Congress authorizing such 
     participation or making an appropriation for such 
     participation.
                                 ______
                                 
  SA 290. 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, add the following:

     SEC. ___. MODIFICATION TO PAKISTAN COUNTERINSURGENCY 
                   CAPABILITY FUND TO PROVIDE TRANSFER AUTHORITY.

       (a) In General.--Section 204 of the Enhanced Partnership 
     with Pakistan Act (22 U.S.C. 8424) is amended to read as 
     follows:

     ``SEC. 204. TRANSFER AUTHORITY RELATING TO PAKISTAN 
                   COUNTERINSURGENCY CAPABILITY FUND.

       ``Notwithstanding any other provision of law (including 
     regulations), aircraft and equipment procured with funds 
     authorized to be appropriated by this Act or appropriated by 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the heading 
     `Pakistan Counterinsurgency Capability Fund' or funds 
     appropriated to the Department of Defense under the heading 
     `Pakistan Counterinsurgency Fund,' may be used for any other 
     program and in any region, but should be transferred, to the 
     maximum extent practicable, to Ukraine and Taiwan on an 
     urgent basis.''.
       (b) Clerical Amendment.--The table of contents for the 
     Enhanced Partnership with Pakistan Act (Public Law 111-73; 22 
     U.S.C. 8401 note) is amended by striking the item relating to 
     section 204 and inserting the following:

``Sec. 204. Transfer authority relating to Pakistan Counterinsurgency 
              Capability Fund.''.
                                 ______
                                 
  SA 291. 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:

     SEC. 12__. HAITI CRIMINAL COLLUSION TRANSPARENCY REPORTING 
                   REQUIREMENTS.

       (a) Short Title.--This section may be cited as the ``Haiti 
     Criminal Collusion Transparency Act of 2023''.
       (b) Findings.--Congress makes the following findings:
       (1) According to a United Nations estimate, approximately 
     167 criminal gangs operated in Haiti in October 2021, 
     exerting territorial control over as much as two-thirds of 
     the country.
       (2) Haitian armed criminal gangs, the most prominent of 
     which are the G9 Family and Allies and 400 Mawozo gangs, 
     conduct violent crimes, including murder, rape, arms and drug 
     trafficking, racketeering, kidnapping, and blockades of fuel 
     and aid deliveries. These crimes have perpetuated the ongoing 
     security and humanitarian crises in Haiti, which have 
     worsened since the assassination of President Jovenel Moise 
     on July 7, 2021.
       (3) The United Nations Office of the High Commissioner for 
     Human Rights and the Human Rights Service jointly found a 333 
     percent increase in human rights violations

[[Page S2486]]

     and abuses against the rights to life and security in Haiti 
     between July 2018 and December 2019.
       (4) At least 19,000 Haitians were forcibly displaced during 
     2021 due to rising criminal violence.
       (5) At least 803 kidnappings were reported in Haiti during 
     the first 10 months of 2021, including the kidnapping of more 
     than 16 United States citizens, giving Haiti having the 
     highest per capita kidnapping rate of any country in the 
     world.
       (6) There is significant evidence of collusion between 
     criminal gangs and economic and political elites in Haiti, 
     including members of the Haitian National Police, which has 
     resulted in widespread impunity and directly contributed to 
     Haiti's current security crisis.
       (7) On December 10, 2020, the Office of Foreign Assets 
     Control of the Department of the Treasury designated former 
     Haitian National Police officer Jimmy Cherizier, former 
     Director General of the Ministry of the Interior Fednel 
     Monchery, and former Departmental Delegate Joseph Pierre 
     Richard Duplan under the Global Magnitsky Human Rights 
     Accountability Act (subtitle F of title XII of Public Law 
     114-328; 22 U.S.C. 2656 note) for their connections to armed 
     criminal gangs, including organizing the November 2018 La 
     Saline massacre.
       (c) 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 Select Committee on Intelligence of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Economic elites.--The term ``economic elites'' means 
     board members, officers, and executives of groups, 
     committees, corporations, or other persons and entities that 
     exert substantial influence or control over Haiti's economy, 
     infrastructure, or particular industries.
       (3) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).
       (4) Political and economic elites.--The term ``political 
     and economic elites'' means political elites and economic 
     elites.
       (5) Political elites.--The term ``political elites'' means 
     current and former government officials and their high-level 
     staff, political party leaders, and political committee 
     leaders.
       (d) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary of State, in coordination 
     with the intelligence community, shall submit a report to the 
     appropriate congressional committees regarding the ties 
     between criminal gangs and political and economic elites in 
     Haiti. The report shall--
       (A) identify prominent criminal gangs in Haiti, describe 
     their criminal activities, and identify their primary 
     geographic areas of operations;
       (B) identify Haitian political and economic elites who have 
     links to criminal gangs;
       (C) describe in detail the relationship between the 
     individuals listed pursuant to subparagraph (B) and the 
     criminal gangs identified pursuant to subparagraph (A);
       (D) identify Haitian political and economic elites with 
     links to criminal activities who are currently subjected to 
     visa restrictions or sanctions by the United States, its 
     international partners, or the United Nations, including 
     information regarding--
       (i) the date on which each such Haitian political or 
     economic elite was designated for restrictions or sanctions;
       (ii) which countries have designated such Haitian political 
     and economic elites for restrictions or sanctions; and
       (iii) for Haitian political and economic elites who were 
     designated by the United States, the statutory basis for such 
     designation;
       (E) describe in detail how Haitian political and economic 
     elites use their relationships with criminal gangs to advance 
     their political and economic interests and agenda;
       (F) include an assessment of how the nature and extent of 
     collusion between political and economic elites and criminal 
     gangs threatens the Haitian people and United States national 
     interests and activities in the country, including the 
     provision of security assistance to the Haitian government; 
     and
       (G) include an assessment of potential actions that the 
     Government of the United States and the Government of Haiti 
     could take to address the findings made pursuant to 
     subparagraph (F).
       (2) Consultations.--In developing and implementing the 
     report required under paragraph (1), the Secretary of State 
     shall consult with Haitian diaspora communities in the United 
     States and civil society organizations on topics including 
     humanitarian assistance mechanisms for overcoming collusion 
     between Haitian political and economic elites.
       (3) Form of report.--The report required under paragraph 
     (1) shall be submitted in unclassified form, but may include 
     a classified annex.
       (e) Designations of Political and Economic Elites.--
       (1) In general.--The Secretary of State, in coordination 
     with other relevant Federal agencies and departments, shall 
     identify persons identified pursuant to subparagraphs (A) and 
     (B) of subsection (d)(1) who may be subjected to visa 
     restrictions and sanctions under--
       (A) section 7031(c) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2022 
     (division K of Public Law 117-103; 8 U.S.C. 1182 note);
       (B) section 1263 of the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10102); or
       (C) any other provision of law.
       (2) Imposition of sanctions.--Not later than 30 days after 
     the date on which the report is submitted pursuant to 
     subsection (d), the President shall impose, on individuals 
     identified pursuant to paragraph (1), to the extent 
     applicable, the sanctions referred to in subparagraphs (A) 
     and (B) of such paragraph.
       (3) Waiver.--The President may waive the requirements under 
     paragraphs (1) and (2) with respect to a foreign person if 
     the President certifies and reports to the appropriate 
     congressional committees before such waiver is to take effect 
     that such waiver--
       (A) would serve a vital national interest of the United 
     States; or
       (B) is necessary for the delivery of humanitarian 
     assistance or other assistance that supports basic human 
     needs.
       (4) Public availability.--The list of persons identified 
     pursuant to subsection (d)(1)(B) shall be posted on a 
     publicly accessible website of the Department of State 
     beginning on the date on which the report required under 
     subsection (d)(1) is submitted to Congress.
       (f) Sunset.--This section shall cease to have effect on the 
     date that is 5 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 292. Mr. MENENDEZ (for himself, Mr. Tillis, and Mr. Moran) 
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 __--International Children With Disabilities Protection

     SEC. _1. SHORT TITLE.

       This subtitle may be cited as the ``International Children 
     with Disabilities Protection Act of 2023''.

     SEC. _2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) stigma and discrimination against children with 
     disabilities, particularly intellectual and other 
     developmental disabilities, and lack of support for community 
     inclusion have left people with disabilities and their 
     families economically and socially marginalized;
       (2) organizations of persons with disabilities and family 
     members of persons with disabilities are often too small to 
     apply for or obtain funds from domestic or international 
     sources or ineligible to receive funds from such sources;
       (3) as a result of the factors described in paragraphs (1) 
     and (2), key stakeholders have often been left out of public 
     policymaking on matters that affect children with 
     disabilities; and
       (4) financial support, technical assistance, and active 
     engagement of persons with disabilities and their families is 
     needed to ensure the development of effective policies that 
     protect families, ensure the full inclusion in society of 
     children with disabilities, and promote the ability of 
     persons with disabilities to live in the community with 
     choices equal to others.

     SEC. _3. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of State.
       (2) Eligible implementing partner.--The term ``eligible 
     implementing partner'' means a nongovernmental organization 
     or other civil society organization that--
       (A) has the capacity to administer grants directly or 
     through subgrants that can be effectively used by local 
     organizations of persons with disabilities; and
       (B) has international expertise in the rights of persons 
     with disabilities, including children with disabilities and 
     their families.
       (3) Organization of persons with disabilities.--The term 
     ``organization of persons with disabilities'' means a 
     nongovernmental civil society organization run by and for 
     persons with disabilities and families of children with 
     disabilities.

     SEC. _4. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) assist partner countries in developing policies and 
     programs that recognize, support, and protect the civil and 
     political rights of and enjoyment of fundamental freedoms by 
     persons with disabilities, including children, such that the 
     latter may grow and thrive in supportive family environments 
     and make the transition to independent living as adults;
       (2) promote the development of advocacy and leadership 
     skills among persons with disabilities and their families in 
     a manner that

[[Page S2487]]

     enables effective civic engagement, including at the local, 
     national, and regional levels, and promote policy reforms and 
     programs that support full economic and civic inclusion of 
     persons with disabilities and their families;
       (3) promote the development of laws and policies that--
       (A) strengthen families and protect against the unnecessary 
     institutionalization of children with disabilities; and
       (B) create opportunities for children and youth with 
     disabilities to access the resources and support needed to 
     achieve their full potential to live independently in the 
     community with choices equal to others;
       (4) promote the participation of persons with disabilities 
     and their families in advocacy efforts and legal frameworks 
     to recognize, support, and protect the civil and political 
     rights of and enjoyment of fundamental freedoms by persons 
     with disabilities; and
       (5) promote the sustainable action needed to bring about 
     changes in law, policy, and programs to ensure full family 
     inclusion of children with disabilities and the transition of 
     children with disabilities to independent living as adults.

     SEC. _5. INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION 
                   PROGRAM AND CAPACITY BUILDING.

       (a) International Children With Disabilities Protection 
     Program.--
       (1) In general.--There is authorized to be established 
     within the Department of State a program to be known as the 
     ``International Children with Disabilities Protection 
     Program'' (in this section referred to as the ``Program'') to 
     carry out the policy described in [section _4].
       (2) Criteria.--In carrying out the Program under this 
     section, the Secretary of State, in consultation with leading 
     civil society groups with expertise in the protection of 
     civil and political rights of and enjoyment of fundamental 
     freedoms by persons with disabilities, may establish criteria 
     for priority activities under the Program in selected 
     countries.
       (3) Disability inclusion grants.--The Secretary of State 
     may award grants to eligible implementing partners to 
     administer grant amounts directly or through subgrants.
       (4) Subgrants.--An eligible implementing partner that 
     receives a grant under paragraph (3) should provide subgrants 
     and, in doing so, shall prioritize local organizations of 
     persons with disabilities working within a focus country or 
     region to advance the policy described in [section _4].
       (b) Authorization of Appropriations.--
       (1) In general.--Of funds made available in fiscal years 
     2024 through 2029 to carry out the purposes of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are 
     authorized to be appropriated to carry out this subtitle 
     amounts as follows:
       (A) $2,000,000 for fiscal year 2024.
       (B) $5,000,000 for each of fiscal years 2025 through 2029.
       (2) Capacity-building and technical assistance programs.--
     Of the amounts authorized to be appropriated by paragraph 
     (1), not less than $1,000,000 for each of fiscal years 2024 
     through 2029 should be available for capacity-building and 
     technical assistance programs to--
       (A) develop the leadership skills of persons with 
     disabilities, legislators, policymakers, and service 
     providers in the planning and implementation of programs to 
     advance the policy described in [section _4];
       (B) increase awareness of successful models of the 
     promotion of civil and political rights and fundamental 
     freedoms, family support, and economic and civic inclusion 
     among organizations of persons with disabilities and allied 
     civil society advocates, attorneys, and professionals to 
     advance the policy described in [section _4]; and
       (C) create online programs to train policymakers, 
     advocates, and other individuals on successful models to 
     advance reforms, services, and protection measures that 
     enable children with disabilities to live within supportive 
     family environments and become full participants in society, 
     which--
       (i) are available globally;
       (ii) offer low-cost or no-cost training accessible to 
     persons with disabilities, family members of such persons, 
     and other individuals with potential to offer future 
     leadership in the advancement of the goals of family 
     inclusion, transition to independent living as adults, and 
     protection measures for children with disabilities; and
       (iii) should be targeted to government policymakers, 
     advocates, and other potential allies and supporters among 
     civil society groups.

     SEC. _6. ANNUAL REPORT ON IMPLEMENTATION.

       (a) Annual Report Required.--
       (1) In general.--Not less frequently than annually through 
     fiscal year 2029, the Secretary of State shall submit to the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives a report on--
       (A) the programs and activities carried out to advance the 
     policy described in [section _4]; and
       (B) any broader work of the Department in advancing that 
     policy.
       (2) Elements.--Each report required by paragraph (1) shall 
     include, with respect to each program carried out under 
     [section _5]--
       (A) the rationale for the country and program selection;
       (B) the goals and objectives of the program, and the kinds 
     of participants in the activities and programs supported;
       (C) a description of the types of technical assistance and 
     capacity building provided; and
       (D) an identification of any gaps in funding or support 
     needed to ensure full participation of organizations of 
     persons with disabilities or inclusion of children with 
     disabilities in the program.
       (3) Consultation.--In preparing each report required by 
     paragraph (1), the Secretary of State shall consult with 
     organizations of persons with disabilities.

     SEC. _7. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY FOR 
                   CHILDREN WITH DISABILITIES.

       (a) Sense of Congress on Programming and Programs.--It is 
     the sense of Congress that--
       (1) all programming of the Department and the United States 
     Agency for International Development related to health 
     systems strengthening, primary and secondary education, and 
     the protection of civil and political rights of persons with 
     disabilities should seek to be consistent with the policy 
     described in [section _4]; and
       (2) programs of the Department and the United States Agency 
     for International Development related to children, global 
     health, and education--
       (A) should--
       (i) engage organizations of persons with disabilities in 
     policymaking and program implementation; and
       (ii) support full inclusion of children with disabilities 
     in families; and
       (B) should aim to avoid support for residential 
     institutions for children with disabilities except in 
     situations of conflict or emergency in a manner that protects 
     family connections as described in subsection (b).
       (b) Sense of Congress on Conflict and Emergencies.--It is 
     the sense of Congress that--
       (1) programs of the Department and the United States Agency 
     for International Development serving children in situations 
     of conflict or emergency, among displaced or refugee 
     populations, or in natural disasters should seek to ensure 
     that children with and without disabilities can maintain 
     family ties; and
       (2) in situations of emergency, if children are separated 
     from parents or have no family, every effort should be made 
     to ensure that children are placed with extended family, in 
     kinship care, or in an adoptive or foster family.
                                 ______
                                 
  SA 293. 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 __--Peace Corps

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Peace Corps 
     Reauthorization Act of 2023''.

     SEC. 12_2. AUTHORIZATION OF APPROPRIATIONS.

       Section 3 of the Peace Corps Act (22 U.S.C. 2502) is 
     amended--
       (1) in subparagraph (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) There is authorized to be appropriated $410,500,000 
     for each of the fiscal years 2024 through 2028 to carry out 
     this Act.''; and
       (B) in paragraph (2), by striking ``that fiscal year and 
     the subsequent fiscal year'' and inserting ``obligation until 
     the last day of the subsequent fiscal year''; and
       (2) by redesignating subsection (h) as subsection (e).

     SEC. 12_3. READJUSTMENT ALLOWANCES FOR VOLUNTEERS AND 
                   VOLUNTEER LEADERS.

       Section 5 of the Peace Corps Act (22 U.S.C. 2504) is 
     amended--
       (1) in subsection (b), by striking ``insure their health'' 
     and inserting ``ensure their safety, their health,'';
       (2) in subsection (c)--
       (A) by striking ``$125'' and inserting ``$375'';
       (B) by striking ``his'' each place such term appears and 
     inserting ``the volunteer's''; and
       (C) by striking ``he'' and inserting ``the volunteer'';
       (3) by redesignating subsection (e) as subsection (d);
       (4) by inserting after subsection (d), as redesignated, the 
     following:
       ``(e) The Director shall consult with health experts 
     outside of the Peace Corps, including experts licensed in the 
     field of mental health, and follow guidance by the Centers 
     for Disease Control and Prevention regarding the prescription 
     of medications to volunteers.'';
       (5) in subsection (h), by striking ``he'' and inserting 
     ``the President'';
       (6) in subsection (n)(2)--
       (A) by striking ``subsection (e)'' each place such term 
     appears and inserting ``subsection (d)''; and
       (B) by striking ``he'' and inserting ``the President''; and
       (7) in subsection (o), by striking ``his'' each place such 
     term appears and inserting ``the volunteer's''.

[[Page S2488]]

  


     SEC. 12_4. RESTORATION OF VOLUNTEER OPPORTUNITIES FOR MAJOR 
                   DISRUPTIONS TO VOLUNTEER SERVICE.

       (a) In General.--Section 5 of the Peace Corps Act (22 
     U.S.C. 2504), as amended by section 12_3, is further amended 
     by adding at the end the following:
       ``(q) Disruption of Service Protocols.--
       ``(1) In general.--The Director shall establish processes 
     for the safe return to service of returning Peace Corps 
     volunteers whose service is interrupted due to mandatory 
     evacuations of volunteers due to catastrophic events or 
     global emergencies of unknowable duration, which processes 
     shall include--
       ``(A) the establishment of monitoring and communications 
     systems, protocols, safety measures, policies, and metrics 
     for determining the appropriate approaches for restoring 
     volunteer opportunities for evacuated returned volunteers 
     whose service is interrupted by a catastrophic event or 
     global emergency; and
       ``(B) streamlining, to the fullest extent practicable, 
     application requirements for the return to service of such 
     volunteers.
       ``(2) Return to service.--Beginning on the date on which 
     any volunteer described in paragraph (1) returns to service, 
     the Director shall strive to afford evacuated volunteers, to 
     the fullest extent practicable, the opportunity--
       ``(A) to return to their previous country of service, 
     except for Peace Corps missions in China; and
       ``(B) to continue their service in the most needed sectors 
     within the country in which they had been serving immediately 
     before their evacuation due to a catastrophic event or global 
     emergency, except for Peace Corps missions in China.''.
       (b) Medical Personnel.--Section 5A(b) of the Peace Corps 
     Act (22 U.S.C. 2504a(b)) is amended, in the matter preceding 
     paragraph (1), by inserting ``, mental health professionals'' 
     after ``medical officers''.
       (c) Volunteer Leaders.--Section 6 of the Peace Corps Act 
     (22 U.S.C. 2505) is amended--
       (1) in paragraph (1), by striking ``$125'' and inserting 
     ``$375''; and
       (2) in paragraph (3), by striking ``he'' and inserting 
     ``the President''.

     SEC. 12_5. HEALTH CARE CONTINUATION FOR PEACE CORPS 
                   VOLUNTEERS.

       Section 5(d) of the Peace Corps Act, as redesignated by 
     section 12_3(3), is amended to read as follows:
       ``(d)(1) Volunteers shall receive such health care during 
     their service as the Director considers necessary or 
     appropriate, including, if necessary, services described in 
     section 8B.
       ``(2) Applicants for enrollment shall receive such health 
     examinations preparatory to their service, and applicants for 
     enrollment who have accepted an invitation to begin a period 
     of training under section 8(a) shall receive, preparatory to 
     their service, such immunization, dental care, and 
     information regarding prescription options and potential 
     interactions, as may be necessary and appropriate and in 
     accordance with subsection (f).
       ``(3) Returned volunteers shall receive the health 
     examinations described in paragraph (2) during the 6-month 
     period immediately following the termination of their 
     service, including services provided in accordance with 
     section 8B (except that the 6-month limitation shall not 
     apply in the case of such services), as the Director 
     determines necessary or appropriate.
       ``(4) Subject to such conditions as the Director may 
     prescribe, the health care described in paragraphs (1) 
     through (3) for serving volunteers, applicants for 
     enrollment, or returned volunteers may be provided in any 
     facility of any agency of the United States Government, and 
     in such cases the amount expended for maintaining and 
     operating such facility shall be reimbursed from 
     appropriations available under this Act. Health care may not 
     be provided under this subsection in a manner that is 
     inconsistent with the Assisted Suicide Funding Restriction 
     Act of 1997 (Public Law 105-12).
       ``(5) Not later than 30 days before the date on which the 
     period of service of a volunteer terminates, or 30 days after 
     such termination date if such termination is the result of an 
     emergency, the Director, in consultation with the Secretary 
     of Health and Human Services, shall provide detailed 
     information to such volunteer regarding options for health 
     care after termination other than health care provided by the 
     Peace Corps, including information regarding--
       ``(A) how to find additional, detailed information, 
     including information regarding--
       ``(i) the application process and eligibility requirements 
     for medical assistance through a State Medicaid plan under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), or under a waiver of such plan; and
       ``(ii) health care option identification services available 
     through the public and private sectors;
       ``(B) where detailed information on health plans may be 
     obtained; and
       ``(C) if such volunteer is younger than 26 years of age, 
     the eligibility of such volunteer to enroll as a dependent 
     child in a group health plan or health insurance coverage in 
     which the parent of such volunteer is enrolled in such plan 
     or coverage offers such dependent coverage.
       ``(6) Paragraph (5) shall apply to volunteers whose periods 
     of service are subject to early termination.''.

     SEC. 12_6. ACCESS TO ANTIMALARIAL DRUGS AND HYGIENE PRODUCTS 
                   FOR PEACE CORPS VOLUNTEERS.

       Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is 
     amended--
       (1) by striking subsections (c) and (e);
       (2) by redesignating subsection (d) as subsection (e);
       (3) by inserting after subsection (b) the following:
       ``(c) Antimalarial Drugs.--
       ``(1) In general.--The Director shall consult with experts 
     at the Centers for Disease Control and Prevention regarding 
     recommendations for prescribing malaria prophylaxis, in order 
     to provide the best standard of care within the context of 
     the Peace Corps environment.
       ``(2) Certain training.--The Director shall ensure that 
     each Peace Corps medical officer serving in a malaria-endemic 
     country receives training in the recognition of the side 
     effects of such medications.
       ``(3) Consultation.--The Director shall consult with the 
     Assistant Secretary of Defense for Health Affairs regarding 
     the policy of using mefloquine in the field as an 
     antimalarial prophylactic.
       ``(d) Access to Hygiene Products.--Not later than 180 days 
     after the date of the enactment of the Peace Corps 
     Reauthorization Act of 2023, the Director shall establish a 
     comprehensive policy to ensure Peace Corps volunteers who 
     require hygiene products are able to access such products.''.

     SEC. 12_7. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING 
                   TO EXISTING NONCOMPETITIVE ELIGIBILITY FEDERAL 
                   HIRING STATUS FOR RETURNING VOLUNTEERS AND 
                   EXTENSION OF THE PERIOD OF SUCH STATUS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
     inserting after section 5A the following:

     ``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO 
                   NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING 
                   STATUS FOR RETURNING VOLUNTEERS.

       ``(a) In General.--Subject to subsection (b), Executive 
     Order 11103 (22 U.S.C. 2504 note; relating to Providing for 
     the Appointment of Former Peace Corps Volunteers to the 
     Civilian Career Services), as amended by Executive Order 
     12107 (44 Fed. Reg. 1055; relating to the Civil Service 
     Commission and Labor-Management in the Federal Service), as 
     in effect on the day before the date of the enactment of the 
     Peace Corps Reauthorization Act of 2023, shall remain in 
     effect and have the full force and effect of law.
       ``(b) Period of Eligibility.--
       ``(1) Definitions.--In this subsection:
       ``(A) Executive agency.--the term `Executive agency'--
       ``(i) has the meaning given such term in section 105 of 
     title 5, United States Code;
       ``(ii) includes the United States Postal Service and the 
     Postal Regulatory Commission; and
       ``(iii) does not include the Government Accountability 
     Office.
       ``(B) Hiring freeze.--The term `hiring freeze' means any 
     memorandum, Executive order, or other action by the President 
     that prohibits an Executive agency from filling vacant 
     Federal civilian employee positions or creating new such 
     positions.
       ``(2) In general.--The period of eligibility for 
     noncompetitive appointment to the civil service provided to 
     an individual under subsection (a), including any individual 
     who is so eligible on the date of the enactment of the Peace 
     Corps Reauthorization Act of 2023, shall be extended by the 
     total number of days, during such period, that--
       ``(A) a hiring freeze for civilian employees of the 
     executive branch is in effect by order of the President with 
     respect to any Executive agency at which the individual has 
     applied for employment;
       ``(B) there is a lapse in appropriations with respect to 
     any Executive agency at which the individual has applied for 
     employment; or
       ``(C) the individual is receiving disability compensation 
     under section 8142 of title 5, United States Code, based on 
     the individual's service as a Peace Corps volunteer, 
     retroactive to the date the individual applied for such 
     compensation.
       ``(3) Applicability.--The period of eligibility for 
     noncompetitive appointment status to the civil service under 
     subsection (a) shall apply to a Peace Corps volunteer--
       ``(A) whose service ended involuntarily as a result of a 
     suspension of volunteer operations by the Director, but may 
     not last longer than 1 year after the date on which such 
     service ended involuntarily; or
       ``(B) who re-enrolls as a volunteer in the Peace Corps 
     after completion of a term of service.''.

     SEC. 12_8. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE 
                   ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING 
                   VOLUNTEERS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
     inserting after section 5B, as added by section 12_7, the 
     following:

     ``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE 
                   ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING 
                   VOLUNTEERS.

       ``(a) In General.--Subject to section 5B, Executive Order 
     11103 (22 U.S.C. 2504 note; relating to Providing for the 
     Appointment of Former Peace Corps Volunteers to the Civilian 
     Career Services), as amended by Executive Order 12107 (44 
     Fed. Reg. 1055; relating to the Civil Service Commission and 
     Labor-Management in the Federal Service), as in effect on the 
     day before the date of the enactment of the Peace Corps 
     Reauthorization

[[Page S2489]]

     Act of 2023, shall remain in effect and have the full force 
     and effect of law.
       ``(b) Noncompetitive Eligibility Federal Hiring Status.--
     Subject to subsection (d), any volunteer whose Peace Corps 
     service was terminated after April 1, 2020, and who has been 
     certified by the Director as having satisfactorily completed 
     a full term of service, may be appointed not later than 2 
     years after completion of qualifying service to a position in 
     any United States department, agency, or establishment in the 
     competitive service under title 5, United States Code, 
     without competitive examination, in accordance with such 
     regulations and conditions as may be prescribed by the 
     Director of the Office of Personnel Management.
       ``(c) Extension.--The appointing authority may extend the 
     noncompetitive appointment eligibility under subsection (b) 
     to not more than 3 years after a volunteer's separation from 
     the Peace Corps if the volunteer, following such service, was 
     engaged in--
       ``(1) military service;
       ``(2) the pursuit of studies at a recognized institution of 
     higher learning; or
       ``(3) other activities which, in the view of the appointing 
     authority, warrant an extension of such eligibility.
       ``(d) Exception.--The appointing authority may not extend 
     the noncompetitive appointment eligibility under subsection 
     (b) to any volunteer who chooses to be subject to early 
     termination.''.

     SEC. 12_9. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT 
                   TO PEACE CORPS VOLUNTEERS.

       (a) In General.--The Peace Corps Act (22 U.S.C. 2501 et 
     seq.) is amended by inserting after section 8I (22 U.S.C. 
     2507i) the following:

     ``SEC. 8J. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT 
                   TO PEACE CORPS VOLUNTEERS.

       ``(a) In General.--The Director shall develop and implement 
     a comprehensive drug use policy with respect to Peace Corps 
     volunteers. The policy shall--
       ``(1) establish a zero tolerance policy regarding volunteer 
     or trainee involvement with illegal drugs; and
       ``(2) require that every case of volunteer or trainee 
     illegal drug involvement be brought immediately to the 
     attention of relevant Peace Corps leadership, including the 
     Director, and be reported expeditiously by the Peace Corps to 
     the Office of the Inspector General.
       ``(b) Consultation.--In developing the policy described in 
     subsection (a), the Director may consult with and 
     incorporate, as appropriate, the recommendations and views of 
     experts in the field of substance abuse, and shall consult 
     with the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.''.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Director shall submit a report to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     describing the illegal drug use policy developed and 
     implemented under section 8J of the Peace Corps Act, as added 
     by subsection (a).

     SEC. 12_0. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST 
                   REPRISAL OR RETALIATION.

       Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is 
     amended by adding at the end the following:
       ``(d) Prohibition Against Reprisal or Retaliation.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered official or office.--The term `covered 
     official or office' means--
       ``(i) any Peace Corps employee, including an employee of 
     the Office of Inspector General;
       ``(ii) a Member of Congress or a designated representative 
     of a committee of Congress;
       ``(iii) an Inspector General (other than the Inspector 
     General for the Peace Corps);
       ``(iv) the Government Accountability Office;
       ``(v) any authorized official of the Department of Justice 
     or other Federal law enforcement agency; and
       ``(vi) a United States court, including any Federal grand 
     jury.
       ``(B) Relief.--The term `relief' includes all affirmative 
     relief necessary to make a volunteer whole, including 
     monetary compensation, equitable relief, compensatory 
     damages, and attorney fees and costs.
       ``(C) Reprisal or retaliation.--The term `reprisal or 
     retaliation' means taking, threatening to take, or initiating 
     adverse administrative action against a volunteer because the 
     volunteer made a report described in subsection (a) or 
     otherwise disclosed to a covered official or office any 
     information pertaining to waste, fraud, abuse of authority, 
     misconduct, mismanagement, violations of law, or a 
     significant threat to health and safety, if the activity or 
     occurrence complained of is based upon the reasonable belief 
     of the volunteer.
       ``(2) In general.--The Director of the Peace Corps shall 
     take all reasonable measures, including through the 
     development and implementation of a comprehensive policy, to 
     prevent and address reprisal or retaliation against a 
     volunteer by any Peace Corps officer or employee, or any 
     other person with supervisory authority over the volunteer 
     during the volunteer's period of service.
       ``(3) Reporting and investigation; relief.--
       ``(A) In general.--A volunteer may report a complaint or 
     allegation of reprisal or retaliation--
       ``(i) directly to the Inspector General of the Peace Corps, 
     who may conduct such investigations and make such 
     recommendations with respect to the complaint or allegation 
     as the Inspector General considers appropriate; and
       ``(ii) through other channels provided by the Peace Corps, 
     including through the process for confidential reporting 
     implemented pursuant to subsection (a).
       ``(B) Relief.--The Director of the Peace Corps--
       ``(i) may order any relief for an affirmative finding of a 
     proposed or final resolution of a complaint or allegation of 
     reprisal or retaliation in accordance with policies, rules, 
     and procedures of the Peace Corps; and
       ``(ii) shall ensure that such relief is promptly provided 
     to the volunteer.
       ``(4) Appeal.--
       ``(A) In general.--A volunteer may submit an appeal to the 
     Director of the Peace Corps of any proposed or final 
     resolution of a complaint or allegation of reprisal or 
     retaliation.
       ``(B) Rule of construction.--Nothing in this paragraph may 
     be construed to affect any other right of recourse a 
     volunteer may have under any other provision of law.
       ``(5) Notification of rights and remedies.--The Director of 
     the Peace Corps shall ensure that volunteers are informed in 
     writing of the rights and remedies provided under this 
     section.
       ``(6) Dispute mediation.--The Director of the Peace Corps 
     shall offer the opportunity for volunteers to resolve 
     disputes concerning a complaint or allegation of reprisal or 
     retaliation through mediation in accordance with procedures 
     developed by the Peace Corps.
       ``(7) Volunteer cooperation.--The Director of the Peace 
     Corps may take such disciplinary or other administrative 
     action, including termination of service, with respect to a 
     volunteer who unreasonably refuses to cooperate with an 
     investigation into a compliant or allegation of reprisal or 
     retaliation conducted by the Inspector General of the Peace 
     Corps.''.

     SEC. 12_1. PEACE CORPS NATIONAL ADVISORY COUNCIL.

       Section 12 of the Peace Corps Act (22 U.S.C. 2511) is 
     amended--
       (1) in subsection (b)(2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(subject to subsection (d)(1)) conduct on-site inspections, 
     and make examinations, of the activities of the Peace Corps 
     in the United States and in other countries in order to'';
       (B) in subparagraph (C), by striking ``and'' at the end;
       (C) by redesignating subparagraph (D) as subparagraph (G); 
     and
       (D) by inserting after subparagraph (C) the following:
       ``(D) make recommendations for utilizing the expertise of 
     returned Peace Corps volunteers in fulfilling the goals of 
     the Peace Corps;
       ``(E) make recommendations on strengthening diversity, 
     equity, inclusion, and accessibility principles in the 
     workforce and daily work of the Peace Corps, including by--
       ``(i) increasing the recruitment of volunteers from diverse 
     backgrounds and better supporting such volunteers during 
     their training and enrollment in the Peace Corps;
       ``(ii) increasing and sustaining a diverse and inclusive 
     workforce through data collection, anti-harassment and anti-
     discrimination measures, recruitment, retention, professional 
     development, and promotion and leadership initiatives that 
     also consider the work and roles of contractors;
       ``(iii) ensuring that advisory committees and boards 
     represent the diversity of the agency; and
       ``(iv) increasing opportunities in operations, programming, 
     and procurement through work with partners and communities 
     that are underrepresented or traditionally marginalized;
       ``(F) make recommendations to reduce any financial barriers 
     to application, training, or enrollment in the Peace Corps, 
     including medical expenses and other out-of-pocket costs; 
     and'';
       (2) in subsection (c), by amending paragraph (2) to read as 
     follows:
       ``(2)(A) The Council shall be composed of 7 members who are 
     United States citizens and are not being paid as officers or 
     employees of the Peace Corps or of any other United States 
     Government entity.
       ``(B) Of the 7 members of the Council--
       ``(i) 1 member shall be appointed by the President;
       ``(ii) 3 members shall be appointed by the President pro 
     tempore of the Senate, of which--
       ``(I) 2 members shall be appointed upon the recommendation 
     of the leader in the Senate of the political party that is 
     not the political party of the President;
       ``(II) 1 member shall be appointed upon the recommendation 
     of the leader in the Senate of the political party of the 
     President; and
       ``(III) at least 2 members shall be former Peace Corps 
     volunteers; and
       ``(iii) 3 members shall be appointed by the Speaker of the 
     House of Representatives, of which--
       ``(I) 2 members shall be appointed upon the recommendation 
     of the leader in the House of Representatives of the 
     political party that is not the political party of the 
     President;
       ``(II) 1 member shall be appointed upon the recommendation 
     of the leader in the House of Representatives of the 
     political party of the President; and
       ``(III) at least 2 members shall be former Peace Corps 
     volunteers.

[[Page S2490]]

       ``(C) Council members shall be appointed to 2-year terms. 
     No member of the Council may serve for more than 2 
     consecutive 2-year terms.
       ``(D) Not later than 30 days after any vacancy occurs on 
     the Council, the Director shall appoint an individual to fill 
     such vacancy. Any Council member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed--
       ``(i) shall be appointed for the remainder of such term; 
     and
       ``(ii) may only serve on the Council for 1 additional 2-
     year term.
       ``(E)(i) Except as provided in clause (ii), Council members 
     shall not be subject to laws relating to Federal employment, 
     including laws relating to hours of work, rates of 
     compensation, leave, unemployment compensation, and Federal 
     employee benefits.
       ``(ii) Notwithstanding clause (i), Council members shall be 
     deemed to be Federal employees for purposes of--
       ``(I) chapter 81 of title 5, United States Code (relating 
     to compensation for work-related injuries);
       ``(II) chapter 11 of title 18, United States Code (relating 
     to conflicts of interest);
       ``(III) chapter 171 of title 28, United States Code 
     (relating to tort claims); and
       ``(IV) section 3721 of title 31 (relating to claims for 
     damage to, or loss of, personal property incident to 
     service).
       ``(F) Council members shall serve at the pleasure of the 
     Director. The Council may remove a member from the Council by 
     a vote of 5 members if the Council determines that such 
     member--
       ``(i) committed malfeasance in office;
       ``(ii) persistently neglected, or was unable to 
     successfully discharge, his or her duties on the Council; or
       ``(iii) committed an offense involving moral turpitude.'';
       (3) in subsection (g)--
       (A) by striking ``and at its first regular meeting in each 
     calendar year thereafter'' and inserting ``at its first 
     meeting each subsequent calendar year''; and
       (B) by adding at the end the following: ``The Chair and 
     Vice Chair shall each serve in such capacity for a period not 
     to exceed 2 years. The Director may renew the term of members 
     appointed as Chair and Vice Chair under this subsection.'';
       (4) in subsection (h), by amending paragraph (1) to read as 
     follows:
       ``(1) The Council shall hold 1 regular meeting per quarter 
     of each calendar year at a date and time to be determined by 
     the Chair of the Council or at the call of the Director.''; 
     and
       (5) by adding at the end the following:
       ``(k) Independence of Inspector General.--None of the 
     activities or functions of the Council authorized under 
     subsection (b)(2) may undermine the independence or supersede 
     the duties of the Inspector General of the Peace Corps.''.

     SEC. 12_2. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC 
                   SECURITY OF THE DEPARTMENT OF STATE.

       (a) Quinquennial Review and Update.--Not later than 180 
     days after the date of the enactment of this Act, and at 
     least once every 5 years thereafter, the Director of the 
     Peace Corps and the Assistant Secretary of State for 
     Diplomatic Security shall--
       (1) review the Memorandum of Agreement between the Bureau 
     of Diplomatic Security of the Department of State and the 
     Peace Corps regarding security support and protection of 
     Peace Corps volunteers, and staff members abroad; and
       (2) update such Memorandum of Agreement, as appropriate.
       (b) Notification.--
       (1) In general.--The Director of the Peace Corps and the 
     Assistant Secretary of State for Diplomatic Security shall 
     jointly submit any update to the Memorandum of Agreement 
     under subsection (a) to--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Timing of notification.--Each written notification 
     submitted pursuant to paragraph (1) shall be submitted not 
     later than 30 days before the update referred to in such 
     paragraph takes effect.

     SEC. 12_3. CLARIFICATION REGARDING ELIGIBILITY OF UNITED 
                   STATES NATIONALS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by 
     this subtitle, is further amended--
       (1) in section 7(a)(5) (22 U.S.C. 2506(a)(5)), by striking 
     ``United States citizens'' each place such term appears and 
     inserting ``United States nationals of American Samoa and 
     citizens of the United States'';
       (2) in section 8(b) (22 U.S.C. 2507(b)), by inserting 
     ``United States nationals of American Samoa and'' after 
     ``training for'';
       (3) in section 10(b) (22 U.S.C. 2509(b)), striking ``any 
     person not a citizen or resident of the United States'' and 
     inserting ``any person who is not a United States national of 
     American Samoa nor a citizen or resident of the United 
     States''; and
       (4) in section 12(g) (22 U.S.C. 2511(g), by inserting 
     ``United States nationals of American Samoa or'' after ``who 
     are''.

     SEC. 12_4. SEXUAL ASSAULT ADVISORY COUNCIL.

       (a) Report and Extension of the Sexual Assault Advisory 
     Council.--Section 8D of the Peace Corps Act (22 U.S.C. 2507d) 
     is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(d) Reports.--On an annual basis through the date 
     specified in subsection (g), the Council shall submit a 
     report to the Director of the Peace Corps, the Committee on 
     Foreign Relations of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives that describes 
     its findings based on the reviews conducted pursuant to 
     subsection (c) and includes relevant recommendations. Each 
     such report shall be made publicly available.''; and
       (2) in subsection (g), by striking ``October 1, 2023'' and 
     inserting ``October 1, 2028''.

     SEC. 12_5. SUSPENSION WITHOUT PAY.

       Section 7 of the Peace Corps Act (22 U.S.C. 2506) is 
     amended by inserting after subsection (a) the following:
       ``(b) Suspension Without Pay.--(1) The Peace Corps may 
     suspend (without pay) any employee appointed or assigned 
     under this section if the Director has determined that the 
     employee engaged in serious misconduct that could impact the 
     efficiency of the service and could lead to removal for 
     cause.
       ``(2) Any employee for whom a suspension without pay is 
     proposed under this subsection shall be entitled to--
       ``(A) written notice stating the specific reasons for such 
     proposed suspension;
       ``(B)(i) up to 15 days to respond orally or in writing to 
     such proposed suspension if the employee is assigned in the 
     United States; or
       ``(ii) up to 30 days to respond orally or in writing to 
     such proposed suspension if the employee is assigned outside 
     of the United States;
       ``(C) representation by an attorney or other 
     representative, at the employee's own expense;
       ``(D) a written decision, including the specific reasons 
     for such decision, as soon as practicable;
       ``(E) a process through which the employee may submit an 
     appeal to the Director of the Peace Corps not later than 10 
     business days after the issuance of a written decision; and
       ``(F) a final decision personally rendered by the Director 
     of the Peace Corps not later than 30 days after the receipt 
     of such appeal.
       ``(3) Notwithstanding any other provision of law, a final 
     decision under paragraph (2)(F) shall be final and not 
     subject to further review.
       ``(4) If the Director fails to establish misconduct by an 
     employee under paragraph (1) and no disciplinary action is 
     taken against such employee based upon the alleged grounds 
     for the suspension, the employee shall be entitled to 
     reinstatement, back pay, full benefits, and reimbursement of 
     attorney fees of up to $20,000.''.

     SEC. 12_6. OCEANIA PEACE CORPS PARTNERSHIPS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of the Peace Corps 
     shall submit a report to Congress containing strategies for 
     reasonably and safely expanding the number of Peace Corps 
     volunteers in the Indo-Pacific countries of Oceania, with the 
     goals of--
       (1) expanding the presence of the Peace Corps to all 
     currently feasible locations in the Indo-Pacific countries of 
     Oceania; and
       (2) working with regional and international partners of the 
     United States to expand the presence of Peace Corps 
     volunteers in low-income communities in the Indo-Pacific 
     countries of Oceania in support of climate resilience 
     initiatives.
       (b) Elements.--The report required under subsection (a) 
     shall--
       (1) assess the factors contributing to the current absence 
     of the Peace Corps and its volunteers in the Indo-Pacific 
     countries of Oceania;
       (2) examine potential remedies that include working with 
     United States Government agencies and regional governments, 
     including governments of United States allies--
       (A) to increase the health infrastructure and medical 
     evacuation capabilities of the Indo-Pacific countries of 
     Oceania to better support the safety of Peace Corps 
     volunteers while in those countries;
       (B) to address physical safety concerns that have decreased 
     the ability of the Peace Corps to operate in the Indo-Pacific 
     countries of Oceania; and
       (C) to increase transportation infrastructure in the Indo-
     Pacific countries of Oceania to better support the travel of 
     Peace Corps volunteers and their access to necessary 
     facilities;
       (3) evaluate the potential to expand the deployment of 
     Peace Corps Response volunteers to help the Indo-Pacific 
     countries of Oceania address social, economic, and 
     development needs of their communities that require specific 
     professional expertise; and
       (4) explore potential new operational models to address 
     safety and security needs of Peace Corps volunteers in the 
     Indo-Pacific countries of Oceania, including--
       (A) changes to volunteer deployment durations; and
       (B) scheduled redeployment of volunteers to regional or 
     United States-based healthcare facilities for routine 
     physical and behavioral health evaluation.
       (c) Volunteers in Low-income Oceania Communities.--
       (1) In general.--In examining the potential to expand the 
     presence of Peace Corps volunteers in low-income communities 
     in the Indo-Pacific countries of Oceania under

[[Page S2491]]

     subsection (a)(2), the Director of the Peace Corps shall 
     consider the development of initiatives described in 
     paragraph (2).
       (2) Initiatives described.--Initiatives described in this 
     paragraph are volunteer initiatives that help the Indo-
     Pacific countries of Oceania address social, economic, and 
     development needs of their communities, including by--
       (A) addressing, through appropriate resilience-based 
     interventions, the vulnerability that communities in the 
     Indo-Pacific countries of Oceania face as result of extreme 
     weather, severe environmental change, and other climate 
     related trends; and
       (B) improving, through smart infrastructure principles, 
     access to transportation and connectivity infrastructure that 
     will help address the economic and social challenges that 
     communities in the Indo-Pacific countries of Oceania confront 
     as a result of poor or nonexistent infrastructure.
       (d) Indo-Pacific Countries of Oceania Defined.--In this 
     section, the term ``Indo-Pacific countries of Oceania'' means 
     Fiji, Kiribati, Republic of the Marshall Islands, Micronesia, 
     Nauru, Palau, Papua New Guinea, Samoa, Solomon Islands, 
     Tonga, Tuvalu, and Vanuatu.

     SEC. 12_7. REPORTS.

       (a) Report on Mental Health Evaluation Standards.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of the Peace Corps 
     shall submit a report to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives containing the guidelines and 
     standards used to evaluate the mental health of Peace Corps 
     applicants prior to their Peace Corps service.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A detailed description of mental health screening 
     guidelines and evaluation standards used by the Peace Corps 
     to determine medical eligibility of applicants for service, 
     including a description of the most common mental health 
     conditions of applicants.
       (B) Specific standards in the mental health screening 
     process that could lead to an applicant's disqualification 
     from service, and a description of how these determinations 
     are made.
       (C) A description of any expedited mental health clearance 
     process for severe or recent symptom presentation.
       (D) A description of periods of stability related to 
     certain mental health conditions and symptoms recommended 
     prior to an applicant's clearance to serve.
       (E) An assessment of the impact of updated mental health 
     evaluation guidance, including a comparison of mental health 
     related volunteer medevacs in years before and after updated 
     guidelines were implemented.
       (F) A review of these screening guidelines, conducted by a 
     panel of certified and qualified medical professionals in the 
     United States, that evaluates these standards based on 
     scientific evidence and mental health research and proposes 
     relevant updates or additions to current guidance.
       (b) Report on Volunteer Medical Evacuations.--
       (1) In general.--Not later than the first May 1 occurring 
     after the date of the enactment of this Act, and annually 
     thereafter for 5 years, the Director of the Peace Corps shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives regarding volunteer medical and mental health 
     evacuations.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) The number of Peace Corps volunteer medical and mental 
     health evacuations during the previous year.
       (B) A breakdown of these evacuations into medical and 
     mental health evacuation categories.
       (C) The estimated cost of these evacuations for each year, 
     including a breakdown of costs between medical and mental 
     health evacuation categories.

     SEC. 12_8. TECHNICAL AND CONFORMING AMENDMENTS.

       The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by 
     this subtitle, is further amended--
       (1) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Peace 
     Corps Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

                       ``TITLE I--THE PEACE CORPS

``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of purpose.
``Sec. 2A. Peace Corps as an independent agency.
``Sec. 3. Authorization.
``Sec. 4. Director of the Peace Corps and delegation of functions.
``Sec. 5. Peace Corps volunteers.
``Sec. 5A. Health care for volunteers at Peace Corps posts.
``Sec. 5B. Codification of Executive orders relating to noncompetitive 
              eligibility Federal hiring status for returning 
              volunteers.
``Sec. 5C. Extension of period of existing noncompetitive eligibility 
              Federal hiring status for returning volunteers.
``Sec. 6. Peace Corps volunteer leaders.
``Sec. 7. Peace Corps employees.
``Sec. 8. Volunteer training.
``Sec. 8A. Sexual assault risk-reduction and response training.
``Sec. 8B. Sexual assault policy.
``Sec. 8C. Office of Victim Advocacy.
``Sec. 8D. Establishment of Sexual Assault Advisory Council.
``Sec. 8E. Volunteer feedback and Peace Corps review.
``Sec. 8F. Establishment of a policy on stalking.
``Sec. 8G. Establishment of a confidentiality protection policy.
``Sec. 8H. Removal and assessment and evaluation.
``Sec. 8I. Reporting requirements.
``Sec. 8J. Comprehensive illegal drug use policy with respect to Peace 
              Corps volunteers.
``Sec. 9. Participation of foreign nationals.
``Sec. 10. General powers and authorities.
``Sec. 11. Reports.
``Sec. 12. Peace Corps National Advisory Council.
``Sec. 13. Experts and consultants.
``Sec. 14. Detail of personnel to foreign governments and international 
              organizations.
``Sec. 15. Utilization of funds.
``Sec. 16. Foreign Currency Fluctuations Account.
``Sec. 17. Use of foreign currencies.
``Sec. 18. Activities promoting Americans' understanding of other 
              peoples.
``Sec. 19. Exclusive right to seal and name.
``Sec. 22. Security investigations.
``Sec. 23. Universal Military Training and Service Act.
``Sec. 24. Foreign language proficiency.
``Sec. 25. Nonpartisan appointments.
``Sec. 26. Definitions.
``Sec. 27. Construction.
``Sec. 28. Effective date.

 ``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

        ``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS

``Sec. 301. '';
       (2) in section 2(a) (22 U.S.C. 2501(a))--
       (A) by striking ``help the peoples'' and inserting 
     ``partner with the peoples''; and
       (B) by striking ``manpower'' and inserting ``individuals'';
       (3) in section 3 (22 U.S.C. 2502)--
       (A) by redesignating subsection (h) as subsection (e); and
       (B) in subsection (e), as redesignated, by striking 
     ``disabled people'' each place such term appears and 
     inserting ``people with disabilities'';
       (4) in section 4(b) (22 U.S.C. 2503(b))--
       (A) by striking ``him'' and inserting ``the President'';
       (B) by striking ``he'' and inserting ``the Director''; and
       (C) by striking ``of his subordinates'' and all that 
     follows through ``functions.'' and inserting ``subordinate of 
     the Director the authority to perform any such function.'';
       (5) in section 5 (22 U.S.C. 2504)--
       (A) in subsection (c), by striking ``: Provided, however,'' 
     and all that follows through ``the amount'' and inserting ``. 
     Under such circumstances as the President may determine, the 
     accrued readjustment allowance, or any part thereof, may be 
     paid to the volunteer, members of the volunteer's family, or 
     others, during the period of the volunteer's service, or 
     prior to the volunteer's return to the United States. In the 
     event of the volunteer's death during the period of his 
     service, the amount'';
       (B) in subsection (h), by striking ``he may determine'' and 
     inserting ``the President may determine''; and
       (C) in subsection (o) by striking ``the date of his 
     departure'' and all that follows and inserting ``the date of 
     the volunteer's departure from the volunteer's place of 
     residence to enter training until not later than 3 months 
     after the termination of the volunteer's service.'';
       (6) in section 6(3) (22 U.S.C. 2505(3)), by striking by 
     striking ``he may determine'' and inserting ``the President 
     may determine'';
       (7) in section 7 (22 U.S.C. 2506)--
       (A) in subsection (a), by moving paragraphs (7) and (8) 2 
     ems to the left; and
       (B) in subsection (b), as redesignated, by striking ``in 
     his discretion'' and inserting ``in the President's 
     discretion'';
       (8) in section 8A (22 U.S.C. 2507a)--
       (A) in subsection (c), by striking ``his or her'' and 
     inserting ``the volunteer's'';
       (B) in subsection (d)(2), by inserting ``the'' before 
     ``information''; and
       (C) in subsection (f)--
       (i) in paragraph (2)(A), by striking ``his or her'' each 
     place such phrase appears and inserting ``the volunteer's''; 
     and
       (ii) in paragraph (4)(A), by striking ``his or her'' and 
     inserting ``the person's'';
       (9) in section 8C(a) (22 U.S.C. 2507c(a)), in the 
     subsection heading, by striking ``Victims'' and inserting 
     ``Victim'';
       (10) in section 8E (22 U.S.C. 2507e)--
       (A) in subsection (b), by striking ``subsection (c),,'' and 
     inserting ``subsection (c),''; and
       (B) in subsection (e)(1)(F), by striking ``Peace Corp's 
     mission'' and inserting ``Peace Corps' mission'';
       (11) in section 9 (22 U.S.C. 2508)--
       (A) by striking ``under which he was admitted or who fails 
     to depart from the United States at the expiration of the 
     time for which he was admitted'' and inserting

[[Page S2492]]

     ``under which such person was admitted or who fails to depart 
     from the United States at the expiration of the period for 
     which such person was admitted''; and
       (B) by striking ``Act proceedings'' and inserting ``Act. 
     Removal proceedings'';
       (12) in section 10 (22 U.S.C. 2509)--
       (A) in subsection (b), by striking ``he may prescribe'' and 
     inserting ``the President may prescribe'';
       (B) in subsection (d), by striking ``section 3709 of the 
     Revised Statutes of the United States, as amended, section 
     302 of the Federal Property and Administrative Services Act 
     of 1949''; and by inserting ``sections 3101(a), 3101(c), 
     3104, 3106, 3301(b)(2), and 6101 of title 41, United States 
     Code''; and
       (C) in subsection (j), by striking ``of this section.'';
       (13) in section 12(d)(1)(b) (22 U.S.C. 2511(d)(1)(b)), by 
     striking ``his or her'' and inserting ``the member's'';
       (14) in section 14 (22 U.S.C. 2513)--
       (A) in subsection (a), by striking ``his agency'' and 
     inserting ``such agency''; and
       (B) in subsection (b)--
       (i) by striking ``his allowance'' and inserting ``the''; 
     and
       (ii) by striking ``he'';
       (15) in section 15 (22 U.S.C. 2514)--
       (A) in subsection (c), by striking ``that Act'' and 
     inserting ``that subchapter''; and
       (B) in subsection (d)(7), by striking ``his designee'' and 
     inserting ``the Director's designee'';
       (16) in section 19(a) (22 U.S.C. 2518(a)), by striking ``he 
     shall determine'' and inserting ``the President shall 
     determine'';
       (17) in section 23 (22 U.S.C. 2520)--
       (A) in the section heading, by striking ``universal 
     military training and service'' and inserting ``military 
     selective service''; and
       (B) by striking ``Universal Military Training and Service 
     Act'' and inserting ``Military Selective Service Act (50 
     U.S.C. 3801 et seq.)'';
       (18) in section 24--
       (A) by striking ``he'' each place such term appears and 
     inserting ``the volunteer''; and
       (B) by striking ``his'' and inserting ``the volunteer's'';
       (19) in section 26--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) The term `Director' means the Director of the Peace 
     Corps.'';
       (C) in paragraph (5), as redesignated, by striking ``he or 
     she'' and inserting ``the medical officer'';
       (D) in paragraph (7), as redesignated, by striking ``5(m)'' 
     and inserting ``5(n)''; and
       (E) in paragraph (10), as redesignated--
       (i) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (ii) in subparagraph (A), as redesignated, by striking 
     ``section 5(f)'' and inserting ``section 5(e)''; and
       (20) in section 301(a), by striking ``manpower'' each place 
     such term appears and inserting ``individuals''.
                                 ______
                                 
  SA 294. 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. ARMED FORCES SURVEYS.

       Section 481(c) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Indicators of the assault (including unwanted sexual 
     contact) that give reason to believe that the victim was 
     targeted, or discriminated against, or both, for their real 
     or perceived sexual orientation or status in a group as 
     described under subsections (b) or (c), and any other factor 
     considered appropriate by the Secretary.''.
                                 ______
                                 
  SA 295. Mr. BENNET 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. ___. EMERGING TECHNOLOGY LEADS.

       (a) Definitions.--In this section:
       (1) Covered agency.--The term ``covered agency'' means--
       (A) an agency listed in section 901(b) of title 31, United 
     States Code; or
       (B) an element of the intelligence community, as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (2) Covered individual.--The term ``covered individual'' 
     means--
       (A) an individual serving in a Senior Executive Service 
     position, as that term is defined in section 3132 of title 5, 
     United States Code;
       (B) an individual who--
       (i) is serving in a position to which section 5376 of title 
     5, United States Code, applies; and
       (ii) has a significant amount of seniority and experience, 
     as determined by the head of the applicable covered agency; 
     and
       (C) another individual who is the equivalent of an 
     individual described in subparagraph (A) or (B), as 
     determined by the head of the applicable covered agency.
       (b) Appointment or Designation.--The head of each covered 
     agency that is substantially engaged in the development, 
     application, or oversight of emerging technologies shall 
     appoint or designate a covered individual as an emerging 
     technology lead to--
       (1) advise the covered agency on the responsible use of 
     emerging technologies, including artificial intelligence;
       (2) provide expertise on responsible policies and 
     practices;
       (3) collaborate with interagency coordinating bodies; and
       (4) provide input for procurement policies.
       (c) Informing Congress.--Not later than 180 days after the 
     date of enactment of this Act, the President shall--
       (1) inform Congress of each covered agency for which a 
     covered individual has been appointed or designated as an 
     emerging technology lead under subsection (b); and
       (2) provide to Congress a description of the authorities 
     and responsibilities of the covered individuals described in 
     paragraph (1).
                                 ______
                                 
  SA 296. Mr. BENNET 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, insert the following:

     SEC. ___. TASK FORCE ON ARTIFICIAL INTELLIGENCE GOVERNANCE 
                   AND OVERSIGHT.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the President shall appoint a task 
     force to assess the privacy, civil rights, and civil 
     liberties implications of artificial intelligence (referred 
     to in this section as the ``AI Task Force'').
       (b) Membership of AI Task Force.--
       (1) In general.--The AI Task Force shall include--
       (A) the Director of the Office of Management and Budget or 
     his or her designee;
       (B) the Director of the National Institute of Standards and 
     Technology or his or her designee;
       (C) the Director of the Office of Science and Technology 
     Policy or his or her designee;
       (D) the Assistant Director of the Directorate for 
     Technology, Innovation, and Partnerships at the National 
     Science Foundation;
       (E) the Secretary of Health and Human Services or his or 
     her designee;
       (F) the Secretary of Transportation or his or her designee;
       (G) the Secretary of Housing and Urban Development or his 
     or her designee;
       (H) the Comptroller General of the United States or his or 
     her designee;
       (I) the Chairman of the Federal Trade Commission or his or 
     her designee;
       (J) the Chairperson of the Equal Employment Opportunity 
     Commission or his or her designee;
       (K) the Chair of the Council of Inspectors General on 
     Integrity and Efficiency or his or her designee;
       (L) the Principal Deputy Assistant Attorney General for the 
     Civil Rights Division of the Department of Justice or his or 
     her designee;
       (M) the chief privacy and civil liberties officers for the 
     following agencies:
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Defense;
       (iv) the Department of Justice;
       (v) the Department of Health and Human Services;
       (vi) the Department of Homeland Security;
       (vii) the Department of Commerce;
       (viii) the Department of Labor;
       (ix) the Department of Education; and
       (x) the Office of the Director of National Intelligence;
       (N) the Chair of the Privacy and Civil Liberties Oversight 
     Board;
       (O) the Chair of the National Artificial Intelligence 
     Advisory Committee's Subcommittee on Artificial Intelligence 
     and Law Enforcement;
       (P) any other governmental representative determined 
     necessary by the President; and
       (Q) not fewer than 6, but not more than 10, representatives 
     from civil society, including organizational leaders with 
     expertise in technology, privacy, civil liberties, and civil 
     rights, representatives from industry, and representatives 
     from academia, as appointed by the President.
       (2) Task force chair and vice chair.--The President shall 
     designate a Chair and Vice

[[Page S2493]]

     Chair of the AI Task Force from among its members.
       (c) Duties.--
       (1) In general.--The AI Task Force shall--
       (A) assess existing policy, regulatory, and legal gaps for 
     artificial intelligence (referred to in this section as 
     ``AI'') applications and associated data, as of the date of 
     enactment of this Act; and
       (B) make recommendations to Congress and the President for 
     legislative and regulatory reforms to ensure that uses of 
     artificial intelligence and associated data in Federal 
     Government operations comport with freedom of expression, 
     equal protection, privacy, civil liberties, civil rights, and 
     due process.
       (2) Specific requirements.--The assessments and 
     recommendations under paragraph (1) shall--
       (A) address--
       (i) the application of Federal antidiscrimination laws to 
     Federal Government use of AI;
       (ii) the application of Federal disparate impact standards 
     to Federal Government use of AI;
       (iii) artificial intelligence validation and auditing for 
     Federal Government use of AI;
       (iv) artificial intelligence risk and impact assessment 
     reporting regarding Federal Government use of AI; and
       (v) institutional changes to ensure sustained assessment 
     and recurring guidance on privacy and civil liberties 
     implications of artificial intelligence applications, 
     emerging technologies, and associated data;
       (B) include recommendations regarding--
       (i) baseline standards for Federal Government use of 
     biometric identification technologies, including facial 
     recognition, voiceprint, gait recognition, and keyboard entry 
     technologies;
       (ii) proposals to address any gaps in Federal law, 
     including regulations, with respect to facial recognition 
     technologies in order to enhance protections of privacy, 
     civil liberties, and civil rights of individuals in the 
     United States;
       (iii) baseline standards for the protection and integrity 
     of data in the custody of the Federal Government; and
       (iv) best practices and contractual requirements to 
     strengthen protections for privacy, information security, 
     fairness, nondiscrimination, auditability, and accountability 
     in artificial intelligence systems and technologies and 
     associated data procured by the Federal Government; and
       (C) assess--
       (i) whether existing and proposed AI regulations are 
     appropriately balanced against critical law enforcement and 
     national security needs;
       (ii) ongoing efforts to regulate commercial development and 
     fielding of artificial intelligence and associated data in 
     light of privacy, civil liberties, and civil rights 
     implications, and, as appropriate, consider and recommend 
     institutional or organizational changes to facilitate 
     applicable regulation; and
       (iii) the utility of establishing a new organization within 
     the Federal Government to provide ongoing governance for and 
     oversight over the fielding of artificial intelligence 
     technologies by Federal agencies as technological 
     capabilities evolve over time, including--

       (I) the review of Federal funds used for the procurement 
     and development of artificial intelligence; and
       (II) the enforcement of Federal law for commercial 
     artificial intelligence products used in government.

       (3) Organizational considerations.--In conducting the 
     assessments required under this subsection, the AI Task Force 
     shall consider--
       (A) the organizational placement, structure, composition, 
     authorities, and resources that a new organization would 
     require to provide ongoing guidance and baseline standards 
     for--
       (i) the Federal Government's development, acquisition, and 
     fielding of artificial intelligence systems to ensure the 
     systems comport with privacy, civil liberties, and civil 
     rights and civil liberties law, including guardrails for 
     their use; and
       (ii) providing transparency to oversight entities and the 
     public regarding Federal Government use of artificial systems 
     and the performance of those systems;
       (B) the existing interagency and intra-agency efforts to 
     address AI oversight;
       (C) the need for and scope of national security carve-outs, 
     and any limitations or protections that should be built into 
     any such carve-outs; and
       (D) the research, development, and application of new 
     technologies to mitigate privacy and civil liberties risks 
     inherent in artificial intelligence systems.
       (d) Powers of the Task Force.--
       (1) Hearings.--The Task Force may, for the purpose of 
     carrying out this section, hold hearings, sit and act at 
     times and places, take testimony, and receive evidence as the 
     AI Task Force considers appropriate.
       (2) Powers of members and agents.--Any member of the AI 
     Task Force may, upon authorization by the AI Task Force, take 
     any action that the AI Task Force is authorized to take under 
     this section.
       (3) Obtaining official data.--Subject to applicable privacy 
     laws and relevant regulations, the AI Task Force may secure 
     directly from any department or agency of the United States 
     information and data necessary to enable it to carry out this 
     section. Upon written request of the Chair of the AI Task 
     Force, the head or acting representative of that department 
     or agency shall furnish the requested information to the AI 
     Task Force not later than 30 days after receipt of the 
     request.
       (e) Operating Rules and Procedure.--
       (1) Initial meeting.--The AI Task Force shall meet not 
     later than 30 days after the date on which a majority of the 
     members of the AI Task Force have been appointed.
       (2) Voting.--Each member of the AI Task Force shall have 1 
     vote.
       (3) Recommendations.--The AI Task Force shall adopt 
     recommendations only upon a majority vote.
       (4) Quorum.--A majority of the members of the AI Task Force 
     shall constitute a quorum, but a lesser number of members may 
     hold meetings, gather information, and review draft reports 
     from staff.
       (f) Staff.--
       (1) Personnel.--The chairperson of the AI Task Force may 
     appoint staff to inform, support, and enable AI Task Force 
     members in the fulfillment of their responsibilities. A staff 
     member may not be a local, State, or Federal elected official 
     or be affiliated with or employed by, such an elected 
     official during the duration of the AI Task Force.
       (2) Detailees.--The head of any Federal department or 
     agency may detail, on a non-reimbursable basis, any of the 
     personnel of that department or agency to the AI Task Force 
     to assist the AI Task Force in carrying out its purposes and 
     functions.
       (3) Security clearances for members and staff.--The 
     appropriate Federal departments or agencies shall cooperate 
     with the AI Task Force in expeditiously providing to the AI 
     Task Force members and staff appropriate security clearances 
     to the extent possible pursuant to existing procedures and 
     requirements, except that no person may be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (4) Expert consultants.--As needed, the AI Task Force may 
     commission intermittent research or other information from 
     experts and provide stipends for engagement consistent with 
     relevant statutes and regulations.
       (g) Assistance From Private Sector.--
       (1) Private engagement.--The Chair of the AI Task Force may 
     engage with representatives from a private sector 
     organization for the purpose of carrying out the mission of 
     the AI Task Force, and any such engagement shall not be 
     subject to chapter 10 of title 5, United States Code.
       (2) Temporary assignment of personnel.--The Chair of the AI 
     Task Force, with the agreement of a private sector 
     organization, may arrange for the temporary assignment of 
     employees of the organization to the Task Force in accordance 
     with paragraphs (1) and (4) of subsection (f).
       (3) Duration.--An assignment under this subsection may, at 
     any time and for any reason, be terminated by the Chair or 
     the private sector organization concerned and shall be for a 
     total period of not more than 18 months.
       (h) Application of Ethics Rules.--
       (1) In general.--An employee of a private sector 
     organization assigned under subsection (g)--
       (A) shall be deemed to be a special government employee for 
     purposes of Federal law, including chapter 11 of title 18, 
     United States Code, and chapter 135 of title 5, United States 
     Code; and
       (B) notwithstanding section 202(a) of title 18, United 
     States Code, may be assigned to the Task Force for a period 
     of not longer than 18 months.
       (2) No financial liability.--Any agreement subject to this 
     subsection shall require the private sector organization 
     concerned to be responsible for all costs associated with the 
     assignment of an employee under subsection (g).
       (i) Reporting.--
       (1) Interim report to congress.--Not later than 1 year 
     after the establishment of the AI Task Force, the AI Task 
     Force shall prepare and submit an interim report to Congress 
     and the President containing the AI Task Force's legislative 
     and regulatory recommendations.
       (2) Updates.--The AI Task Force shall provide periodic 
     updates to the President and to Congress.
       (3) Final report.--Not later than 18 months after the 
     establishment of the AI Task Force, the AI Task Force shall 
     prepare and submit a final report to the President and to 
     Congress containing its assessment on organizational 
     considerations, to include any recommendations for 
     organizational changes.
       (j) Other Emerging Technologies.--At any time before the 
     submission of the final report under subsection (i)(3), the 
     AI Task Force may recommend to Congress the creation of a 
     similar task force focused on another emerging technology.
       (k) Sunset.--The AI Task Force shall terminate on the date 
     that is 18 months after the establishment of the AI Task 
     Force under subsection (a).
                                 ______
                                 
  SA 297. Mr. BENNET (for himself and Mr. Hickenlooper) 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,

[[Page S2494]]

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--COLORADO OUTDOOR RECREATION

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Colorado Outdoor 
     Recreation and Economy Act''.

     SEC. 6002. DEFINITION OF STATE.

       In this division, the term ``State'' means the State of 
     Colorado.

                     TITLE LXI--CONTINENTAL DIVIDE

     SEC. 6101. DEFINITIONS.

       In this title:
       (1) Covered area.--The term ``covered area'' means any area 
     designated as wilderness by the amendments to section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) made by section 6102(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Wildlife conservation area.--The term ``Wildlife 
     Conservation Area'' means, as applicable--
       (A) the Porcupine Gulch Wildlife Conservation Area 
     designated by section 6104(a);
       (B) the Williams Fork Mountains Wildlife Conservation Area 
     designated by section 6105(a); and
       (C) the Spraddle Creek Wildlife Conservation Area 
     designated by section 6106(a).

     SEC. 6102. COLORADO WILDERNESS ADDITIONS.

       (a) Designation.--Section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is 
     amended--
       (1) in paragraph (18), by striking ``1993,'' and inserting 
     ``1993, and certain Federal land within the White River 
     National Forest that comprises approximately 6,896 acres, as 
     generally depicted as `Proposed Ptarmigan Peak Wilderness 
     Additions' on the map entitled `Proposed Ptarmigan Peak 
     Wilderness Additions' and dated June 24, 2019,''; and
       (2) by adding at the end the following:
       ``(23) Holy cross wilderness addition.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 3,866 acres, as generally depicted as `Proposed 
     Megan Dickie Wilderness Addition' on the map entitled `Holy 
     Cross Wilderness Addition Proposal' and dated June 24, 2019, 
     which shall be incorporated into, and managed as part of, the 
     Holy Cross Wilderness designated by section 102(a)(5) of 
     Public Law 96-560 (94 Stat. 3266).
       ``(24) Hoosier ridge wilderness.--Certain Federal land 
     within the White River National Forest that comprises 
     approximately 5,235 acres, as generally depicted as `Proposed 
     Hoosier Ridge Wilderness' on the map entitled `Tenmile 
     Proposal' and dated April 22, 2022, which shall be known as 
     the `Hoosier Ridge Wilderness'.
       ``(25) Tenmile wilderness.--Certain Federal land within the 
     White River National Forest that comprises approximately 
     7,624 acres, as generally depicted as `Proposed Tenmile 
     Wilderness' on the map entitled `Tenmile Proposal' and dated 
     May 1, 2023, which shall be known as the `Tenmile 
     Wilderness'.
       ``(26) Eagles nest wilderness additions.--Certain Federal 
     land within the White River National Forest that comprises 
     approximately 7,634 acres, as generally depicted as `Proposed 
     Freeman Creek Wilderness Addition' and `Proposed Spraddle 
     Creek Wilderness Addition' on the map entitled `Eagles Nest 
     Wilderness Additions Proposal' and dated April 26, 2022, 
     which shall be incorporated into, and managed as part of, the 
     Eagles Nest Wilderness designated by Public Law 94-352 (90 
     Stat. 870).''.
       (b) Applicable Law.--Any reference in the Wilderness Act 
     (16 U.S.C. 1131 et seq.) to the effective date of that Act 
     shall be considered to be a reference to the date of 
     enactment of this Act for purposes of administering a covered 
     area.
       (c) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary may carry out any activity in a covered area 
     that the Secretary determines to be necessary for the control 
     of fire, insects, and diseases, subject to such terms and 
     conditions as the Secretary determines to be appropriate.
       (d) Grazing.--The grazing of livestock on a covered area, 
     if established before the date of enactment of this Act, 
     shall be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary, in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in the report of the Committee 
     on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 5487 of the 96th Congress 
     (H. Rept. 96-617).
       (e) Coordination.--For purposes of administering the 
     Federal land designated as wilderness by paragraph (26) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by subsection 
     (a)(2)), the Secretary shall, as determined to be appropriate 
     for the protection of watersheds, coordinate the activities 
     of the Secretary in response to fires and flooding events 
     with interested State and local agencies.

     SEC. 6103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     in the White River National Forest in the State, comprising 
     approximately 8,036 acres, as generally depicted as 
     ``Proposed Williams Fork Mountains Wilderness'' on the map 
     entitled ``Williams Fork Mountains Proposal'' and dated June 
     24, 2019, is designated as a potential wilderness area.
       (b) Management.--Subject to valid existing rights and 
     except as provided in subsection (d), the potential 
     wilderness area designated by subsection (a) shall be managed 
     in accordance with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) this section.
       (c) Livestock Use of Vacant Allotments.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, in accordance with applicable laws 
     (including regulations), the Secretary shall publish a 
     determination regarding whether to authorize livestock 
     grazing or other use by livestock on the vacant allotments 
     known as--
       (A) the ``Big Hole Allotment''; and
       (B) the ``Blue Ridge Allotment''.
       (2) Modification of allotments.--In publishing a 
     determination pursuant to paragraph (1), the Secretary may 
     modify or combine the vacant allotments referred to in that 
     paragraph.
       (3) Permit or other authorization.--Not later than 1 year 
     after the date on which a determination of the Secretary to 
     authorize livestock grazing or other use by livestock is 
     published under paragraph (1), if applicable, the Secretary 
     shall grant a permit or other authorization for that 
     livestock grazing or other use in accordance with applicable 
     laws (including regulations).
       (d) Range Improvements.--
       (1) In general.--If the Secretary permits livestock grazing 
     or other use by livestock on the potential wilderness area 
     under subsection (c), the Secretary, or a third party 
     authorized by the Secretary, may use motorized or mechanized 
     transport or equipment for purposes of constructing or 
     rehabilitating such range improvements as are necessary to 
     obtain appropriate livestock management objectives (including 
     habitat and watershed restoration).
       (2) Termination of authority.--The authority provided by 
     this subsection terminates on the date that is 2 years after 
     the date on which the Secretary publishes a positive 
     determination under subsection (c)(3).
       (e) Designation as Wilderness.--
       (1) Designation.--The potential wilderness area designated 
     by subsection (a) shall be designated as wilderness, to be 
     known as the ``Williams Fork Mountains Wilderness''--
       (A) effective not earlier than the date that is 180 days 
     after the date of enactment this Act; and
       (B) on the earliest of--
       (i) the date on which the Secretary publishes in the 
     Federal Register a notice that the construction or 
     rehabilitation of range improvements under subsection (d) is 
     complete;
       (ii) the date described in subsection (d)(2); and
       (iii) the effective date of a determination of the 
     Secretary not to authorize livestock grazing or other use by 
     livestock under subsection (c)(1).
       (2) Administration.--Subject to valid existing rights, the 
     Secretary shall manage the Williams Fork Mountains Wilderness 
     in accordance with the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77), except that any 
     reference in that Act to the effective date of that Act shall 
     be considered to be a reference to the date on which the 
     Williams Fork Mountains Wilderness is designated in 
     accordance with paragraph (1).

     SEC. 6104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 8,287 acres of Federal land located in the 
     White River National Forest, as generally depicted as 
     ``Proposed Porcupine Gulch Wildlife Conservation Area'' on 
     the map entitled ``Porcupine Gulch Wildlife Conservation Area 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Porcupine Gulch Wildlife Conservation Area'' (referred to 
     in this section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are--
       (1) to conserve and protect a wildlife migration corridor 
     over Interstate 70; and
       (2) to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, and ecological resources of the 
     Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).

[[Page S2495]]

       (B) Recreation.--The Secretary may permit such recreational 
     activities in the Wildlife Conservation Area that the 
     Secretary determines are consistent with the purposes 
     described in subsection (b).
       (C) Motorized vehicles and mechanized transport; new or 
     temporary roads.--
       (i) Motorized vehicles and mechanized transport.--Except as 
     provided in clause (iii), the use of motorized vehicles and 
     mechanized transport in the Wildlife Conservation Area shall 
     be prohibited.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii) and subsection (e), no new or temporary road shall be 
     constructed within the Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles or mechanized 
     transport for administrative purposes;
       (II) constructing temporary roads or permitting the use of 
     motorized vehicles or mechanized transport to carry out pre- 
     or post-fire watershed protection projects;
       (III) authorizing the use of motorized vehicles or 
     mechanized transport to carry out activities described in 
     subsection (d) or (e); or
       (IV) responding to an emergency.

       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Regional Transportation Projects.--Nothing in this 
     section or section 6110(f) precludes the Secretary from 
     authorizing, in accordance with applicable laws (including 
     regulations) and subject to valid existing rights, the use of 
     the subsurface of the Wildlife Conservation Area to 
     construct, realign, operate, or maintain regional 
     transportation projects, including Interstate 70 and the 
     Eisenhower-Johnson Tunnels.
       (f) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 6105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION 
                   AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 3,528 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Williams Fork Mountains Wildlife Conservation 
     Area'' on the map entitled ``Williams Fork Mountains 
     Proposal'' and dated June 24, 2019, are designated as the 
     ``Williams Fork Mountains Wildlife Conservation Area'' 
     (referred to in this section as the ``Wildlife Conservation 
     Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, recreational, and ecological 
     resources of the Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this section.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Motorized vehicles.--
       (i) In general.--Except as provided in clause (iii), the 
     use of motorized vehicles in the Wildlife Conservation Area 
     shall be limited to designated roads and trails.
       (ii) New or temporary roads.--Except as provided in clause 
     (iii), no new or temporary road shall be constructed in the 
     Wildlife Conservation Area.
       (iii) Exceptions.--Nothing in clause (i) or (ii) prevents 
     the Secretary from--

       (I) authorizing the use of motorized vehicles for 
     administrative purposes;
       (II) authorizing the use of motorized vehicles to carry out 
     activities described in subsection (d); or
       (III) responding to an emergency.

       (C) Bicycles.--The use of bicycles in the Wildlife 
     Conservation Area shall be limited to designated roads and 
     trails.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized under this 
     section.
       (E) Grazing.--The laws (including regulations) and policies 
     followed by the Secretary in issuing and administering 
     grazing permits or leases on land under the jurisdiction of 
     the Secretary shall continue to apply with regard to the land 
     in the Wildlife Conservation Area, consistent with the 
     purposes described in subsection (b).
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 6106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.

       (a) Designation.--Subject to valid existing rights, the 
     approximately 2,674 acres of Federal land in the White River 
     National Forest in the State, as generally depicted as 
     ``Proposed Spraddle Creek Wildlife Conservation Area'' on the 
     map entitled ``Eagles Nest Wilderness Additions Proposal'' 
     and dated April 26, 2022, are designated as the ``Spraddle 
     Creek Wildlife Conservation Area'' (referred to in this 
     section as the ``Wildlife Conservation Area'').
       (b) Purposes.--The purposes of the Wildlife Conservation 
     Area are to conserve, protect, and enhance for the benefit 
     and enjoyment of present and future generations the wildlife, 
     scenic, roadless, watershed, recreational, and ecological 
     resources of the Wildlife Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Wildlife 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     purposes described in subsection (b); and
       (B) in accordance with--
       (i) the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.);
       (ii) any other applicable laws (including regulations); and
       (iii) this title.
       (2) Uses.--
       (A) In general.--The Secretary shall only allow such uses 
     of the Wildlife Conservation Area as the Secretary determines 
     would further the purposes described in subsection (b).
       (B) Motorized vehicles and mechanized transport.--Except as 
     necessary for administrative purposes or to respond to an 
     emergency, the use of motorized vehicles and mechanized 
     transport in the Wildlife Conservation Area shall be 
     prohibited.
       (C) Roads.--
       (i) In general.--Except as provided in clause (ii), no road 
     shall be constructed in the Wildlife Conservation Area.
       (ii) Exceptions.--Nothing in clause (i) prevents the 
     Secretary from--

       (I) constructing a temporary road as the Secretary 
     determines to be necessary as a minimum requirement for 
     carrying out a vegetation management project in the Wildlife 
     Conservation Area; or
       (II) responding to an emergency.

       (iii) Decommissioning of temporary roads.--Not later than 3 
     years after the date on which the applicable vegetation 
     management project is completed, the Secretary shall 
     decommission any temporary road constructed under clause 
     (ii)(I) for the applicable vegetation management project.
       (D) Commercial timber.--
       (i) In general.--Subject to clause (ii), no project shall 
     be carried out in the Wildlife Conservation Area for the 
     purpose of harvesting commercial timber.
       (ii) Limitation.--Nothing in clause (i) prevents the 
     Secretary from harvesting or selling a merchantable product 
     that is a byproduct of an activity authorized in the Wildlife 
     Conservation Area under this section.
       (d) Fire, Insects, and Diseases.--The Secretary may carry 
     out any activity, in accordance with applicable laws 
     (including regulations), that the Secretary determines to be 
     necessary to manage wildland fire and treat hazardous fuels, 
     insects, and diseases in the Wildlife Conservation Area, 
     subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (e) Water.--Section 3(e) of the James Peak Wilderness and 
     Protection Area Act (Public Law 107-216; 116 Stat. 1058) 
     shall apply to the Wildlife Conservation Area.

     SEC. 6107. SANDY TREAT OVERLOOK.

       The interpretive site located beside United States Route 24 
     within the Camp Hale-Continental Divide National Monument, at 
     39.431N 106.323W, is designated as the ``Sandy Treat 
     Overlook''.

     SEC. 6108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.

       (a) In General.--The boundary of the White River National 
     Forest is modified to include the approximately 120 acres 
     comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the 
     SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, 
     in Summit County in the State.
       (b) Land and Water Conservation Fund.--For purposes of 
     section 200306 of title 54, United States Code, the 
     boundaries of the White River National Forest, as modified by 
     subsection (a), shall be considered to be the boundaries of 
     the White River National Forest as in existence on January 1, 
     1965.

     SEC. 6109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS 
                   BOUNDARY ADJUSTMENT.

       (a) Purpose.--The purpose of this section is to provide for 
     the ongoing maintenance

[[Page S2496]]

     and use of portions of the Trail River Ranch and the 
     associated property located within Rocky Mountain National 
     Park in Grand County in the State.
       (b) Boundary Adjustment.--Section 1952(b) of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11; 123 
     Stat. 1070) is amended by adding at the end the following:
       ``(3) Boundary adjustment.--The boundary of the Potential 
     Wilderness is modified to exclude the area comprising 
     approximately 15.5 acres of land identified as `Potential 
     Wilderness to Non-wilderness' on the map entitled `Rocky 
     Mountain National Park Proposed Wilderness Area Amendment' 
     and dated January 16, 2018.''.

     SEC. 6110. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction or responsibility of the State with respect to 
     fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this title or an amendment made 
     by this title establishes a protective perimeter or buffer 
     zone around--
       (A) a covered area;
       (B) a wilderness area or potential wilderness area 
     designated by section 6103; or
       (C) a Wildlife Conservation Area.
       (2) Outside activities.--The fact that a nonwilderness 
     activity or use on land outside of an area described in 
     paragraph (1) can be seen or heard from within the applicable 
     area described in paragraph (1) shall not preclude the 
     activity or use outside the boundary of the applicable area 
     described in paragraph (1).
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of an Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions that the Secretary determines to be necessary and 
     in accordance with applicable law, the Secretary shall allow 
     for the continued use of the areas described in subsection 
     (b)(1) by members of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare maps and 
     legal descriptions of each area described in subsection 
     (b)(1) with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description prepared 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may--
       (A) correct any typographical errors in the maps and legal 
     descriptions; and
       (B) in consultation with the State, make minor adjustments 
     to the boundaries of the Porcupine Gulch Wildlife 
     Conservation Area designated by section 6104(a) and the 
     Williams Fork Mountains Wildlife Conservation Area designated 
     by section 6105(a) to account for potential highway or 
     multimodal transportation system construction, safety 
     measures, maintenance, realignment, or widening.
       (3) Public availability.--Each map and legal description 
     prepared under paragraph (1) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Forest Service.
       (e) Acquisition of Land.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundaries of an area described 
     in subsection (b)(1) by donation, purchase from a willing 
     seller, or exchange.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness area or Wildlife 
     Conservation Area, as applicable, in which the land or 
     interest in land is located.
       (f) Withdrawal.--Subject to valid existing rights, the 
     areas described in subsection (b)(1) are withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (g) Military Overflights.--Nothing in this title or an 
     amendment made by this title restricts or precludes--
       (1) any low-level overflight of military aircraft over any 
     area subject to this title or an amendment made by this 
     title, including military overflights that can be seen, 
     heard, or detected within such an area;
       (2) flight testing or evaluation over an area described in 
     paragraph (1); or
       (3) the use or establishment of--
       (A) any new unit of special use airspace over an area 
     described in paragraph (1); or
       (B) any military flight training or transportation over 
     such an area.
       (h) Sense of Congress.--It is the sense of Congress that 
     military aviation training on Federal public land in the 
     State, including the training conducted at the High-Altitude 
     Army National Guard Aviation Training Site, is critical to 
     the national security of the United States and the readiness 
     of the Armed Forces.

                     TITLE LXII--SAN JUAN MOUNTAINS

     SEC. 6201. DEFINITIONS.

       In this title:
       (1) Covered land.--The term ``covered land'' means--
       (A) land designated as wilderness under paragraphs (27) 
     through (29) of section 2(a) of the Colorado Wilderness Act 
     of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by 
     section 6202); and
       (B) a Special Management Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special management area.--The term ``Special Management 
     Area'' means each of--
       (A) the Sheep Mountain Special Management Area designated 
     by section 6203(a)(1); and
       (B) the Liberty Bell East Special Management Area 
     designated by section 6203(a)(2).

     SEC. 6202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       Section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as amended by section 
     6102(a)(2)) is amended by adding at the end the following:
       ``(27) Lizard head wilderness addition.--Certain Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests comprising approximately 3,141 acres, as generally 
     depicted on the map entitled `Proposed Wilson, Sunshine, 
     Black Face and San Bernardo Additions to the Lizard Head 
     Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Lizard Head Wilderness.
       ``(28) Mount sneffels wilderness additions.--
       ``(A) Liberty bell and last dollar additions.--Certain 
     Federal land in the Grand Mesa, Uncompahgre, and Gunnison 
     National Forests comprising approximately 7,235 acres, as 
     generally depicted on the map entitled `Proposed Liberty Bell 
     and Last Dollar Additions to the Mt. Sneffels Wilderness, 
     Liberty Bell East Special Management Area' and dated 
     September 6, 2018, which is incorporated in, and shall be 
     administered as part of, the Mount Sneffels Wilderness.
       ``(B) Whitehouse additions.--Certain Federal land in the 
     Grand Mesa, Uncompahgre, and Gunnison National Forests 
     comprising approximately 12,465 acres, as generally depicted 
     on the map entitled `Proposed Whitehouse Additions to the Mt. 
     Sneffels Wilderness' and dated September 6, 2018, which is 
     incorporated in, and shall be administered as part of, the 
     Mount Sneffels Wilderness.
       ``(29) Mckenna peak wilderness.--Certain Federal land in 
     the State of Colorado comprising approximately 8,884 acres of 
     Bureau of Land Management land, as generally depicted on the 
     map entitled `Proposed McKenna Peak Wilderness Area' and 
     dated September 18, 2018, to be known as the `McKenna Peak 
     Wilderness'.''.

     SEC. 6203. SPECIAL MANAGEMENT AREAS.

       (a) Designation.--
       (1) Sheep mountain special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison and San 
     Juan National Forests in the State comprising approximately 
     21,663 acres, as generally depicted on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018, is designated as the ``Sheep Mountain 
     Special Management Area''.
       (2) Liberty bell east special management area.--The Federal 
     land in the Grand Mesa, Uncompahgre, and Gunnison National 
     Forests in the State comprising approximately 792 acres, as 
     generally depicted on the map entitled ``Proposed Liberty 
     Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness, Liberty Bell East Special Management Area'' and 
     dated September 6, 2018, is designated as the ``Liberty Bell 
     East Special Management Area''.
       (b) Purpose.--The purpose of the Special Management Areas 
     is to conserve and protect for the benefit and enjoyment of 
     present and future generations the geological, cultural, 
     archaeological, paleontological, natural, scientific, 
     recreational, wilderness, wildlife, riparian, historical, 
     educational, and scenic resources of the Special Management 
     Areas.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Special 
     Management Areas in a manner that--
       (A) conserves, protects, and enhances the resources and 
     values of the Special Management Areas described in 
     subsection (b);
       (B) subject to paragraph (3), maintains or improves the 
     wilderness character of the Special Management Areas and the 
     suitability of the Special Management Areas for potential 
     inclusion in the National Wilderness Preservation System; and
       (C) is in accordance with--
       (i) the National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.);
       (ii) this title; and
       (iii) any other applicable laws.
       (2) Prohibitions.--The following shall be prohibited in the 
     Special Management Areas:
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land, to provide access 
     for abandoned mine cleanup, and to protect public health and 
     safety--
       (i) the use of motor vehicles, motorized equipment, or 
     mechanical transport (other than as provided in paragraph 
     (3)); and
       (ii) the establishment of temporary roads.
       (3) Authorized activities.--
       (A) In general.--The Secretary may allow any activities 
     (including helicopter access for recreation and maintenance 
     and the competitive running event permitted since 1992) that 
     have been authorized by permit or license as of the date of 
     enactment of this Act

[[Page S2497]]

     to continue within the Special Management Areas, subject to 
     such terms and conditions as the Secretary may require.
       (B) Permitting.--The designation of the Special Management 
     Areas by subsection (a) shall not affect the issuance of 
     permits relating to the activities covered under subparagraph 
     (A) after the date of enactment of this Act.
       (C) Bicycles.--The Secretary may permit the use of bicycles 
     in--
       (i) the portion of the Sheep Mountain Special Management 
     Area identified as ``Ophir Valley Area'' on the map entitled 
     ``Proposed Sheep Mountain Special Management Area'' and dated 
     September 19, 2018; and
       (ii) the portion of the Liberty Bell East Special 
     Management Area identified as ``Liberty Bell Corridor'' on 
     the map entitled ``Proposed Liberty Bell and Last Dollar 
     Additions to the Mt. Sneffels Wilderness, Liberty Bell East 
     Special Management Area'' and dated September 6, 2018.
       (d) Applicable Law.--Water and water rights in the Special 
     Management Areas shall be administered in accordance with 
     section 8 of the Colorado Wilderness Act of 1993 (Public Law 
     103-77; 107 Stat. 762), except that, for purposes of this 
     title--
       (1) any reference contained in that section to ``the lands 
     designated as wilderness by this Act'', ``the Piedra, 
     Roubideau, and Tabeguache areas identified in section 9 of 
     this Act, or the Bowen Gulch Protection Area or the Fossil 
     Ridge Recreation Management Area identified in sections 5 and 
     6 of this Act'', or ``the areas described in sections 2, 5, 
     6, and 9 of this Act'' shall be considered to be a reference 
     to ``the Special Management Areas''; and
       (2) any reference contained in that section to ``this Act'' 
     shall be considered to be a reference to ``the Colorado 
     Outdoor Recreation and Economy Act''.
       (e) Sheep Mountain Special Management Area Nordic Ski 
     Safety Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     interested parties, shall complete a study on ensuring safe 
     access for Nordic skiing in the vicinity of the Sheep 
     Mountain Special Management Area, consistent with the 
     purposes of the Sheep Mountain Special Management Area.
       (2) Requirement.--In conducting the study under paragraph 
     (1), the Secretary, in coordination with San Miguel County in 
     the State, the State Department of Transportation, and other 
     interested stakeholders, shall identify a range of reasonable 
     actions that could be taken by the Secretary to provide or 
     facilitate off-highway parking areas along State Highway 145 
     to facilitate safe access for Nordic skiing in the vicinity 
     of the Sheep Mountain Special Management Area.

     SEC. 6204. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of 
     title II of Public Law 111-11 is amended--
       (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as 
     section 2409; and
       (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) 
     the following:

     ``SEC. 2408. RELEASE.

       ``(a) In General.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez 
     Canyon Wilderness Study Area not designated as wilderness by 
     this subtitle have been adequately studied for wilderness 
     designation.
       ``(b) Release.--Any public land referred to in subsection 
     (a) that is not designated as wilderness by this subtitle--
       ``(1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       ``(2) shall be managed in accordance with this subtitle and 
     any other applicable laws.''.
       (b) McKenna Peak Wilderness Study Area.--
       (1) In general.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak 
     Wilderness Study Area in San Miguel County in the State not 
     designated as wilderness by paragraph (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 6202) have been 
     adequately studied for wilderness designation.
       (2) Release.--Any public land referred to in paragraph (1) 
     that is not designated as wilderness by paragraph (29) of 
     section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     6202)--
       (A) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with applicable laws.

     SEC. 6205. ADMINISTRATIVE PROVISIONS.

       (a) Fish and Wildlife.--Nothing in this title affects the 
     jurisdiction or responsibility of the State with respect to 
     fish and wildlife in the State.
       (b) No Buffer Zones.--
       (1) In general.--Nothing in this title establishes a 
     protective perimeter or buffer zone around covered land.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside of the covered 
     land can be seen or heard from within covered land shall not 
     preclude the activity or use outside the boundary of the 
     covered land.
       (c) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of any Indian Tribe, including rights under the 
     Agreement of September 13, 1873, ratified by the Act of April 
     29, 1874 (18 Stat. 36, chapter 136).
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the covered land by members of Indian 
     Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary or the Secretary of the 
     Interior, as appropriate, shall file a map and a legal 
     description of each wilderness area designated by paragraphs 
     (27) through (29) of section 2(a) of the Colorado Wilderness 
     Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as 
     added by section 6202) and the Special Management Areas 
     with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary or the 
     Secretary of the Interior, as appropriate, may correct any 
     typographical errors in the maps and legal descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management and the Forest Service.
       (e) Acquisition of Land.--
       (1) In general.--The Secretary or the Secretary of the 
     Interior, as appropriate, may acquire any land or interest in 
     land within the boundaries of a Special Management Area or 
     the wilderness designated under paragraphs (27) through (29) 
     of section 2(a) of the Colorado Wilderness Act of 1993 (16 
     U.S.C. 1132 note; Public Law 103-77) (as added by section 
     6202) by donation, purchase from a willing seller, or 
     exchange.
       (2) Management.--Any land or interest in land acquired 
     under paragraph (1) shall be incorporated into, and 
     administered as a part of, the wilderness or Special 
     Management Area in which the land or interest in land is 
     located.
       (f) Grazing.--The grazing of livestock on covered land, if 
     established before the date of enactment of this Act, shall 
     be permitted to continue subject to such reasonable 
     regulations as are considered to be necessary by the 
     Secretary with jurisdiction over the covered land, in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the applicable guidelines set forth in Appendix A of 
     the report of the Committee on Interior and Insular Affairs 
     of the House of Representatives accompanying H.R. 2570 of the 
     101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th 
     Congress (H. Rept. 96-617).
       (g) Fire, Insects, and Diseases.--In accordance with 
     section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 
     the Secretary with jurisdiction over a wilderness area 
     designated by paragraphs (27) through (29) of section 2(a) of 
     the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
     Public Law 103-77) (as added by section 6202) may carry out 
     any activity in the wilderness area that the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases, subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       (h) Withdrawal.--Subject to valid existing rights, the 
     covered land and the approximately 6,590 acres generally 
     depicted on the map entitled ``Proposed Naturita Canyon 
     Mineral Withdrawal Area'' and dated September 6, 2018, is 
     withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

                      TITLE LXIII--THOMPSON DIVIDE

     SEC. 6301. PURPOSES.

       The purposes of this title are--
       (1) subject to valid existing rights, to withdraw certain 
     Federal land in the Thompson Divide area from mineral and 
     other disposal laws in order to protect the agricultural, 
     ranching, wildlife, air quality, recreation, ecological, and 
     scenic values of the area; and
       (2) to promote the capture of fugitive methane emissions 
     that would otherwise be emitted into the atmosphere.

     SEC. 6302. DEFINITIONS.

       In this title:
       (1) Fugitive methane emissions.--The term ``fugitive 
     methane emissions'' means methane gas from the Federal land 
     or interests in Federal land in Garfield, Gunnison, Delta, or 
     Pitkin County in the State, within the boundaries of the 
     ``Fugitive Coal Mine Methane Use Pilot Program Area'', as 
     generally depicted on the pilot program map, that would leak 
     or be vented into the atmosphere from--
       (A) an active or inactive coal mine subject to a Federal 
     coal lease; or
       (B) an abandoned underground coal mine or the site of a 
     former coal mine--
       (i) that is not subject to a Federal coal lease; and

[[Page S2498]]

       (ii) with respect to which the Federal interest in land 
     includes mineral rights to the methane gas.
       (2) Pilot program.--The term ``pilot program'' means the 
     Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program established by section 6305(a)(1).
       (3) Pilot program map.--The term ``pilot program map'' 
     means the map entitled ``Greater Thompson Divide Fugitive 
     Coal Mine Methane Use Pilot Program Area'' and dated April 
     29, 2022.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Thompson divide lease.--
       (A) In general.--The term ``Thompson Divide lease'' means 
     any oil or gas lease in effect on the date of enactment of 
     this Act within the Thompson Divide Withdrawal and Protection 
     Area.
       (B) Exclusions.--The term ``Thompson Divide lease'' does 
     not include any oil or gas lease that--
       (i) is associated with a Wolf Creek Storage Field 
     development right; or
       (ii) before the date of enactment of this Act, has expired, 
     been cancelled, or otherwise terminated.
       (6) Thompson divide map.--The term ``Thompson Divide map'' 
     means the map entitled ``Greater Thompson Divide Area Map'' 
     and dated May 15, 2023.
       (7) Thompson divide withdrawal and protection area.--The 
     term ``Thompson Divide Withdrawal and Protection Area'' means 
     the Federal land and minerals within the area generally 
     depicted as the ``Thompson Divide Withdrawal and Protection 
     Area'' on the Thompson Divide map.
       (8) Wolf creek storage field development right.--
       (A) In general.--The term ``Wolf Creek Storage Field 
     development right'' means a development right for any of the 
     Federal mineral leases numbered COC 0007496, COC 0007497, COC 
     0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128, 
     COC 0015373, COC 0128018, COC 0051645, and COC 0051646, as 
     generally depicted on the Thompson Divide map as ``Wolf Creek 
     Storage Agreement''.
       (B) Exclusions.--The term ``Wolf Creek Storage Field 
     development right'' does not include any storage right or 
     related activity within the area described in subparagraph 
     (A).

     SEC. 6303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.

       (a) Withdrawal.--Subject to valid existing rights, the 
     Thompson Divide Withdrawal and Protection Area is withdrawn 
     from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (b) Surveys.--The exact acreage and legal description of 
     the Thompson Divide Withdrawal and Protection Area shall be 
     determined by surveys approved by the Secretary, in 
     consultation with the Secretary of Agriculture.
       (c) Grazing.--Nothing in this title affects the 
     administration of grazing in the Thompson Divide Withdrawal 
     and Protection Area.

     SEC. 6304. THOMPSON DIVIDE LEASE CREDITS.

       (a) In General.--In exchange for the relinquishment by a 
     leaseholder of all Thompson Divide leases of the leaseholder, 
     the Secretary may issue to the leaseholder credits for any 
     bid, royalty, or rental payment due under any Federal oil or 
     gas lease on Federal land in the State, in accordance with 
     subsection (b).
       (b) Amount of Credits.--
       (1) In general.--Subject to paragraph (2), the amount of 
     the credits issued to a leaseholder of a Thompson Divide 
     lease relinquished under subsection (a) shall--
       (A) be equal to the sum of--
       (i) the amount of the bonus bids paid for the applicable 
     Thompson Divide leases;
       (ii) the amount of any rental paid for the applicable 
     Thompson Divide leases as of the date on which the 
     leaseholder submits to the Secretary a notice of the decision 
     to relinquish the applicable Thompson Divide leases; and
       (iii) the amount of any reasonable expenses incurred by the 
     leaseholder of the applicable Thompson Divide leases in the 
     preparation of any drilling permit, sundry notice, or other 
     related submission in support of the development of the 
     applicable Thompson Divide leases as of January 28, 2019, 
     including any expenses relating to the preparation of any 
     analysis under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       (B) require the approval of the Secretary.
       (2) Exclusion.--The amount of a credit issued under 
     subsection (a) shall not include any expenses paid by the 
     leaseholder of a Thompson Divide lease for--
       (A) legal fees or related expenses for legal work with 
     respect to a Thompson Divide lease; or
       (B) any expenses incurred before the issuance of a Thompson 
     Divide lease.
       (c) Cancellation.--Effective on relinquishment under this 
     section, and without any additional action by the Secretary, 
     a Thompson Divide lease--
       (1) shall be permanently cancelled; and
       (2) shall not be reissued.
       (d) Conditions.--
       (1) Applicable law.--Except as otherwise provided in this 
     section, each exchange under this section shall be conducted 
     in accordance with--
       (A) this title; and
       (B) other applicable laws (including regulations).
       (2) Acceptance of credits.--The Secretary shall accept 
     credits issued under subsection (a) in the same manner as 
     cash for the payments described in that subsection.
       (3) Applicability.--The use of a credit issued under 
     subsection (a) shall be subject to the laws (including 
     regulations) applicable to the payments described in that 
     subsection, to the extent that the laws are consistent with 
     this section.
       (4) Treatment of credits.--All amounts in the form of 
     credits issued under subsection (a) accepted by the Secretary 
     shall be considered to be amounts received for the purposes 
     of--
       (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); 
     and
       (B) section 20 of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019).
       (e) Wolf Creek Storage Field Development Rights.--
       (1) Conveyance to secretary.--As a condition precedent to 
     the relinquishment of a Thompson Divide lease under this 
     section, any leaseholder with a Wolf Creek Storage Field 
     development right shall permanently relinquish, transfer, and 
     otherwise convey to the Secretary, in a form acceptable to 
     the Secretary, all Wolf Creek Storage Field development 
     rights of the leaseholder.
       (2) Credits.--
       (A) In general.--In consideration for the transfer of 
     development rights under paragraph (1), the Secretary may 
     issue to a leaseholder described in that paragraph credits 
     for any reasonable expenses incurred by the leaseholder in 
     acquiring the Wolf Creek Storage Field development right or 
     in the preparation of any drilling permit, sundry notice, or 
     other related submission in support of the development right 
     as of January 28, 2019, including any reasonable expenses 
     relating to the preparation of any analysis under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (B) Approval.--Any credits for a transfer of the 
     development rights under paragraph (1), shall be subject to--
       (i) the exclusion described in subsection (b)(2);
       (ii) the conditions described in subsection (d); and
       (iii) the approval of the Secretary.
       (3) Limitation of transfer.--Development rights acquired by 
     the Secretary under paragraph (1)--
       (A) shall be held for as long as the parent leases in the 
     Wolf Creek Storage Field remain in effect; and
       (B) shall not be--
       (i) transferred;
       (ii) reissued; or
       (iii) otherwise used for mineral extraction.

     SEC. 6305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE 
                   USE PILOT PROGRAM.

       (a) Fugitive Coal Mine Methane Use Pilot Program.--
       (1) Establishment.--There is established in the Bureau of 
     Land Management a pilot program, to be known as the ``Greater 
     Thompson Divide Fugitive Coal Mine Methane Use Pilot 
     Program''.
       (2) Purpose.--The purpose of the pilot program is to 
     promote the capture, beneficial use, mitigation, and 
     sequestration of fugitive methane emissions--
       (A) to reduce methane emissions;
       (B) to promote economic development;
       (C) to improve air quality; and
       (D) to improve public safety.
       (3) Plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a plan--
       (i) to complete an inventory of fugitive methane emissions 
     in accordance with subsection (b);
       (ii) to provide for the leasing of fugitive methane 
     emissions in accordance with subsection (c); and
       (iii) to provide for the capping or destruction of fugitive 
     methane emissions in accordance with subsection (d).
       (B) Coordination.--In developing the plan under this 
     paragraph, the Secretary shall coordinate with--
       (i) the State;
       (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the 
     State;
       (iii) lessees of Federal coal within the counties referred 
     to in clause (ii);
       (iv) interested institutions of higher education in the 
     State; and
       (v) interested members of the public.
       (b) Fugitive Methane Emissions Inventory.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall complete an 
     inventory of fugitive methane emissions.
       (2) Conduct.--
       (A) Collaboration.--The Secretary may conduct the inventory 
     under paragraph (1) through, or in collaboration with--
       (i) the Bureau of Land Management;
       (ii) the United States Geological Survey;
       (iii) the Environmental Protection Agency;
       (iv) the United States Forest Service;
       (v) State departments or agencies;
       (vi) Garfield, Gunnison, Delta, or Pitkin County in the 
     State;
       (vii) the Garfield County Federal Mineral Lease District;
       (viii) institutions of higher education in the State;
       (ix) lessees of Federal coal within a county referred to in 
     subparagraph (F);
       (x) the National Oceanic and Atmospheric Administration;

[[Page S2499]]

       (xi) the National Center for Atmospheric Research; or
       (xii) other interested entities, including members of the 
     public.
       (B) Federal split estate.--
       (i) In general.--In conducting the inventory under 
     paragraph (1) for Federal minerals on split estate land, the 
     Secretary shall rely on available data.
       (ii) Limitation.--Nothing in this section requires or 
     authorizes the Secretary to enter or access private land to 
     conduct the inventory under paragraph (1).
       (3) Contents.--The inventory conducted under paragraph (1) 
     shall include--
       (A) the general location and geographic coordinates of 
     vents, seeps, or other sources producing significant fugitive 
     methane emissions;
       (B) an estimate of the volume and concentration of fugitive 
     methane emissions from each source of significant fugitive 
     methane emissions, including details of measurements taken 
     and the basis for that emissions estimate;
       (C) relevant data and other information available from--
       (i) the Environmental Protection Agency;
       (ii) the Mine Safety and Health Administration;
       (iii) the Colorado Department of Natural Resources;
       (iv) the Colorado Public Utility Commission;
       (v) the Colorado Department of Health and Environment; and
       (vi) the Office of Surface Mining Reclamation and 
     Enforcement; and
       (D) such other information as may be useful in advancing 
     the purposes of the pilot program.
       (4) Public participation; disclosure.--
       (A) Public participation.--The Secretary shall, as 
     appropriate, provide opportunities for public participation 
     in the conduct of the inventory under paragraph (1).
       (B) Availability.--The Secretary shall make the inventory 
     conducted under paragraph (1) publicly available.
       (C) Disclosure.--Nothing in this subsection requires the 
     Secretary to publicly release information that--
       (i) poses a threat to public safety;
       (ii) is confidential business information; or
       (iii) is otherwise protected from public disclosure.
       (5) Impact on coal mines subject to lease.--
       (A) In general.--For the purposes of conducting the 
     inventory under paragraph (1), for land subject to a Federal 
     coal lease, the Secretary shall use readily available methane 
     emissions data.
       (B) Effect.--Nothing in this section requires the holder of 
     a Federal coal lease to report additional data or information 
     to the Secretary.
       (6) Use.--The Secretary shall use the inventory conducted 
     under paragraph (1) in carrying out--
       (A) the leasing program under subsection (c); and
       (B) the capping or destruction of fugitive methane 
     emissions under subsection (d).
       (c) Fugitive Methane Emissions Leasing Program and 
     Sequestration.--
       (1) In general.--Subject to valid existing rights and in 
     accordance with this section, not later than 1 year after the 
     date of completion of the inventory required under subsection 
     (b), the Secretary shall carry out a program to encourage the 
     use and destruction of fugitive methane emissions.
       (2) Fugitive methane emissions from coal mines subject to 
     lease.--
       (A) In general.--The Secretary shall authorize the holder 
     of a valid existing Federal coal lease for a mine that is 
     producing fugitive methane emissions to capture for use or 
     destroy the fugitive methane emissions.
       (B) Conditions.--The authority under subparagraph (A) shall 
     be subject to--
       (i) valid existing rights; and
       (ii) such terms and conditions as the Secretary may 
     require.
       (C) Limitations.--The program carried out under paragraph 
     (1) shall only include fugitive methane emissions that can be 
     captured for use or destroyed in a manner that does not--
       (i) endanger the safety of any coal mine worker; or
       (ii) unreasonably interfere with any ongoing operation at a 
     coal mine.
       (D) Cooperation.--
       (i) In general.--The Secretary shall work cooperatively 
     with the holders of valid existing Federal coal leases for 
     mines that produce fugitive methane emissions to encourage--

       (I) the capture of fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material; or
       (II) if the beneficial use of the fugitive methane 
     emissions is not feasible, the destruction of the fugitive 
     methane emissions.

       (ii) Guidance.--In support of cooperative efforts with 
     holders of valid existing Federal coal leases to capture for 
     use or destroy fugitive methane emissions, not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall issue guidance to the public for the implementation of 
     authorities and programs to encourage the capture for use and 
     destruction of fugitive methane emissions, while minimizing 
     impacts on natural resources or other public interest values.
       (E) Royalties.--The Secretary shall determine whether any 
     fugitive methane emissions used or destroyed pursuant to this 
     paragraph are subject to the payment of a royalty under 
     applicable law.
       (3) Fugitive methane emissions from land not subject to a 
     federal coal lease.--
       (A) In general.--Except as otherwise provided in this 
     section, notwithstanding section 6303 and subject to valid 
     existing rights and any other applicable law, the Secretary 
     shall, for land not subject to a Federal coal lease--
       (i) authorize the capture for use or destruction of 
     fugitive methane emissions; and
       (ii) make available for leasing such fugitive methane 
     emissions as the Secretary determines to be in the public 
     interest.
       (B) Source.--To the extent practicable, the Secretary shall 
     offer for lease, individually or in combination, each 
     significant source of fugitive methane emissions on land not 
     subject to a Federal coal lease.
       (C) Bid qualifications.--A bid to lease fugitive methane 
     emissions under this paragraph shall specify whether the 
     prospective lessee intends--
       (i) to capture the fugitive methane emissions for 
     beneficial use, such as generating electrical power, 
     producing usable heat, transporting the methane to market, or 
     transforming the fugitive methane emissions into a different 
     marketable material;
       (ii) to destroy the fugitive methane emissions; or
       (iii) to employ a specific combination of--

       (I) capturing the fugitive methane emissions for beneficial 
     use; and
       (II) destroying the fugitive methane emissions.

       (D) Priority.--
       (i) In general.--If there is more than 1 qualified bid for 
     a lease under this paragraph, the Secretary shall select the 
     bid that the Secretary determines is likely to most 
     significantly advance the public interest.
       (ii) Considerations.--In determining the public interest 
     under clause (i), the Secretary shall take into 
     consideration--

       (I) the overall decrease in the fugitive methane emissions;
       (II) the impacts to other natural resource values, 
     including wildlife, water, and air; and
       (III) other public interest values, including scenic, 
     economic, recreation, and cultural values.

       (E) Lease form.--
       (i) In general.--The Secretary shall develop and provide to 
     prospective bidders a lease form for leases issued under this 
     paragraph.
       (ii) Due diligence.--The lease form developed under clause 
     (i) shall include terms and conditions requiring the leased 
     fugitive methane emissions to be put to beneficial use or 
     destroyed by not later than 3 years after the date of 
     issuance of the lease.
       (F) Royalty rate.--The Secretary shall develop a minimum 
     bid, as the Secretary determines to be necessary, and royalty 
     rate for leases under this paragraph.
       (d) Sequestration.--If, by not later than 4 years after the 
     date of completion of the inventory under subsection (b), any 
     significant fugitive methane emissions are not leased under 
     subsection (c)(3), the Secretary shall, subject to the 
     availability of appropriations and in accordance with 
     applicable law, take all reasonable measures--
       (1) to provide incentives for new leases under subsection 
     (c)(3);
       (2) to cap those fugitive methane emissions at the source 
     in any case in which the cap will result in the long-term 
     sequestration of all or a significant portion of the fugitive 
     methane emissions; or
       (3) to destroy the fugitive methane emissions, if 
     incentivizing leases under paragraph (1) or sequestration 
     under paragraph (2) is not feasible, with priority for 
     locations that destroy the greatest quantity of fugitive 
     methane emissions at the lowest cost.
       (e) Report to Congress.--Not later than 4 years after the 
     date of enactment of this Act the Secretary shall 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 detailing--
       (1) the economic and environmental impacts of the pilot 
     program, including information on increased royalties and 
     estimates of avoided greenhouse gas emissions; and
       (2) any recommendations of the Secretary on whether the 
     pilot program could be expanded to include--
       (A) other significant sources of emissions of fugitive 
     methane located outside the boundaries of the area depicted 
     as ``Fugitive Coal Mine Methane Use Pilot Program Area'' on 
     the pilot program map; and
       (B) the leasing of natural methane seeps under the 
     activities authorized pursuant to subsection (c)(3).

     SEC. 6306. EFFECT.

       Except as expressly provided in this title, nothing in this 
     title--
       (1) expands, diminishes, or impairs any valid existing 
     mineral leases, mineral interest, or other property rights 
     wholly or partially within the Thompson Divide Withdrawal and 
     Protection Area, including access to the leases, interests, 
     rights, or land in accordance with applicable Federal, State, 
     and local laws (including regulations);
       (2) prevents the capture of methane from any active, 
     inactive, or abandoned coal mine covered by this title, in 
     accordance with applicable laws; or
       (3) prevents access to, or the development of, any new or 
     existing coal mine or lease in Delta or Gunnison County in 
     the State.

[[Page S2500]]

  


             TITLE LXIV--CURECANTI NATIONAL RECREATION AREA

     SEC. 6401. DEFINITIONS.

       In this title:
       (1) Map.--The term ``map'' means the map entitled 
     ``Curecanti National Recreation Area, Proposed Boundary'', 
     numbered 616/100,485D, and dated April 25, 2022.
       (2) National recreation area.--The term ``National 
     Recreation Area'' means the Curecanti National Recreation 
     Area established by section 6402(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6402. CURECANTI NATIONAL RECREATION AREA.

       (a) Establishment.--Effective beginning on the earlier of 
     the date on which the Secretary approves a request under 
     subsection (c)(2)(B)(i)(I) and the date that is 1 year after 
     the date of enactment of this Act, there shall be established 
     as a unit of the National Park System the Curecanti National 
     Recreation Area, in accordance with this division, consisting 
     of approximately 50,300 acres of land in the State, as 
     generally depicted on the map as ``Curecanti National 
     Recreation Area Proposed Boundary''.
       (b) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     National Recreation Area in accordance with--
       (A) this title; and
       (B) the laws (including regulations) generally applicable 
     to units of the National Park System, including section 
     100101(a), chapter 1003, and sections 100751(a), 100752, 
     100753, and 102101 of title 54, United States Code.
       (2) Dam, power plant, and reservoir management and 
     operations.--
       (A) In general.--Nothing in this title affects or 
     interferes with the authority of the Secretary--
       (i) to operate the Uncompahgre Valley Reclamation Project 
     under the reclamation laws;
       (ii) to operate the Wayne N. Aspinall Unit of the Colorado 
     River Storage Project under the Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') (43 U.S.C. 620 et seq.); or
       (iii) under the Federal Water Project Recreation Act (16 
     U.S.C. 460l-12 et seq.).
       (B) Reclamation land.--
       (i) Submission of request to retain administrative 
     jurisdiction.--If, before the date that is 1 year after the 
     date of enactment of this Act, the Commissioner of 
     Reclamation submits to the Secretary a request for the 
     Commissioner of Reclamation to retain administrative 
     jurisdiction over the minimum quantity of land within the 
     land identified on the map as ``Lands withdrawn or acquired 
     for Bureau of Reclamation projects'' that the Commissioner of 
     Reclamation identifies as necessary for the effective 
     operation of Bureau of Reclamation water facilities, the 
     Secretary may--

       (I) approve, approve with modifications, or disapprove the 
     request; and
       (II) if the request is approved under subclause (I), make 
     any modifications to the map that are necessary to reflect 
     that the Commissioner of Reclamation retains management 
     authority over the minimum quantity of land required to 
     fulfill the reclamation mission.

       (ii) Transfer of land.--

       (I) In general.--Administrative jurisdiction over the land 
     identified on the map as ``Lands withdrawn or acquired for 
     Bureau of Reclamation projects'', as modified pursuant to 
     clause (i)(II), if applicable, shall be transferred from the 
     Commissioner of Reclamation to the Director of the National 
     Park Service by not later than the date that is 1 year after 
     the date of enactment of this Act.
       (II) Access to transferred land.--

       (aa) In general.--Subject to item (bb), the Commissioner of 
     Reclamation shall retain access to the land transferred to 
     the Director of the National Park Service under subclause (I) 
     for reclamation purposes, including for the operation, 
     maintenance, and expansion or replacement of facilities.
       (bb) Memorandum of understanding.--The terms of the access 
     authorized under item (aa) shall be determined by a 
     memorandum of understanding entered into between the 
     Commissioner of Reclamation and the Director of the National 
     Park Service not later than 1 year after the date of 
     enactment of this Act.
       (3) Management agreements.--
       (A) In general.--The Secretary may enter into management 
     agreements, or modify management agreements in existence on 
     the date of enactment of this Act, relating to the authority 
     of the Director of the National Park Service, the 
     Commissioner of Reclamation, the Director of the Bureau of 
     Land Management, or the Chief of the Forest Service to manage 
     Federal land within or adjacent to the boundary of the 
     National Recreation Area.
       (B) State land.--The Secretary may enter into cooperative 
     management agreements for any land administered by the State 
     that is within or adjacent to the National Recreation Area, 
     in accordance with the cooperative management authority under 
     section 101703 of title 54, United States Code.
       (4) Recreational activities.--
       (A) Authorization.--Except as provided in subparagraph (B), 
     the Secretary shall allow boating, boating-related 
     activities, hunting, and fishing in the National Recreation 
     Area in accordance with applicable Federal and State laws.
       (B) Closures; designated zones.--
       (i) In general.--The Secretary, acting through the 
     Superintendent of the National Recreation Area, may designate 
     zones in which, and establish periods during which, no 
     boating, hunting, or fishing shall be permitted in the 
     National Recreation Area under subparagraph (A) for reasons 
     of public safety, administration, or compliance with 
     applicable laws.
       (ii) Consultation required.--Except in the case of an 
     emergency, any closure proposed by the Secretary under clause 
     (i) shall not take effect until after the date on which the 
     Superintendent of the National Recreation Area consults 
     with--

       (I) the appropriate State agency responsible for hunting 
     and fishing activities; and
       (II) the Board of County Commissioners in each county in 
     which the zone is proposed to be designated.

       (5) Landowner assistance.--On the written request of an 
     individual that owns private land located within the area 
     generally depicted as ``Conservation Opportunity Area'' on 
     the map entitled ``Preferred Alternative'' in the document 
     entitled ``Report to Congress: Curecanti Special Resource 
     Study'' and dated June 2009, the Secretary may work in 
     partnership with the individual to enhance the long-term 
     conservation of natural, cultural, recreational, and scenic 
     resources in and around the National Recreation Area--
       (A) by acquiring all or a portion of the private land or 
     interests in private land within the Conservation Opportunity 
     Area by purchase, exchange, or donation, in accordance with 
     section 6403;
       (B) by providing technical assistance to the individual, 
     including cooperative assistance;
       (C) through available grant programs; and
       (D) by supporting conservation easement opportunities.
       (6) Incorporation of acquired land and interests.--Any land 
     or interest in land acquired by the United States under 
     paragraph (5) shall--
       (A) become part of the National Recreation Area; and
       (B) be managed in accordance with this title.
       (7) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the National Recreation Area, including 
     land acquired pursuant to this section, is withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (8) Grazing.--
       (A) State land subject to a state grazing lease.--
       (i) In general.--If State land acquired under this title is 
     subject to a State grazing lease in effect on the date of 
     acquisition, the Secretary shall allow the grazing to 
     continue for the remainder of the term of the lease, subject 
     to the related terms and conditions of user agreements, 
     including permitted stocking rates, grazing fee levels, 
     access rights, and ownership and use of range improvements.
       (ii) Access.--A lessee of State land may continue to use 
     established routes within the National Recreation Area to 
     access State land for purposes of administering the lease if 
     the use was permitted before the date of enactment of this 
     Act, subject to such terms and conditions as the Secretary 
     may require.
       (B) State and private land.--The Secretary may, in 
     accordance with applicable laws, authorize grazing on land 
     acquired from the State or private landowners under section 
     6403, if grazing was established before the date of 
     acquisition.
       (C) Private land.--On private land acquired under section 
     6403 for the National Recreation Area on which authorized 
     grazing is occurring before the date of enactment of this 
     Act, the Secretary, in consultation with the lessee, may 
     allow the continuation and renewal of grazing on the land 
     based on the terms of acquisition or by agreement between the 
     Secretary and the lessee, subject to applicable law 
     (including regulations).
       (D) Federal land.--The Secretary shall--
       (i) allow, consistent with the grazing leases, uses, and 
     practices in effect as of the date of enactment of this Act, 
     the continuation and renewal of grazing on Federal land 
     located within the boundary of the National Recreation Area 
     on which grazing is allowed before the date of enactment of 
     this Act, unless the Secretary determines that grazing on the 
     Federal land would present unacceptable impacts (as defined 
     in section 1.4.7.1 of the National Park Service document 
     entitled ``Management Policies 2006: The Guide to Managing 
     the National Park System'') to the natural, cultural, 
     recreational, and scenic resource values and the character of 
     the land within the National Recreation Area; and
       (ii) retain all authorities to manage grazing in the 
     National Recreation Area.
       (E) Termination of leases.--Within the National Recreation 
     Area, the Secretary may--
       (i) accept the voluntary termination of a lease or permit 
     for grazing; or

[[Page S2501]]

       (ii) in the case of a lease or permit vacated for a period 
     of 3 or more years, terminate the lease or permit.
       (9) Water rights.--Nothing in this title--
       (A) affects any use or allocation in existence on the date 
     of enactment of this Act of any water, water right, or 
     interest in water;
       (B) affects any vested absolute or decreed conditional 
     water right in existence on the date of enactment of this 
     Act, including any water right held by the United States;
       (C) affects any interstate water compact in existence on 
     the date of enactment of this Act;
       (D) shall be considered to be a relinquishment or reduction 
     of any water right reserved or appropriated by the United 
     States in the State on or before the date of enactment of 
     this Act; or
       (E) constitutes an express or implied Federal reservation 
     of any water or water rights with respect to the National 
     Recreation Area.
       (10) Fishing easements.--
       (A) In general.--Nothing in this title diminishes or alters 
     the fish and wildlife program for the Aspinall Unit developed 
     under section 8 of the Act of April 11, 1956 (commonly known 
     as the ``Colorado River Storage Project Act'') (70 Stat. 110, 
     chapter 203; 43 U.S.C. 620g), by the United States Fish and 
     Wildlife Service, the Bureau of Reclamation, and the Colorado 
     Division of Wildlife (including any successor in interest to 
     that division) that provides for the acquisition of public 
     access fishing easements as mitigation for the Aspinall Unit 
     (referred to in this paragraph as the ``program'').
       (B) Acquisition of fishing easements.--The Secretary shall 
     continue to fulfill the obligation of the Secretary under the 
     program to acquire 26 miles of class 1 public fishing 
     easements to provide to sportsmen access for fishing within 
     the Upper Gunnison Basin upstream of the Aspinall Unit, 
     subject to the condition that no existing fishing access 
     downstream of the Aspinall Unit shall be counted toward the 
     minimum mileage requirement under the program.
       (C) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     fulfilling the obligation of the Secretary described in 
     subparagraph (B) by the date that is 10 years after the date 
     of enactment of this Act.
       (D) Reports.--Not later than each of 2 years, 5 years, and 
     8 years after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report that describes 
     the progress made in fulfilling the obligation of the 
     Secretary described in subparagraph (B).
       (d) Tribal Rights and Uses.--
       (1) Treaty rights.--Nothing in this title affects the 
     treaty rights of any Indian Tribe.
       (2) Traditional tribal uses.--Subject to any terms and 
     conditions as the Secretary determines to be necessary and in 
     accordance with applicable law, the Secretary shall allow for 
     the continued use of the National Recreation Area by members 
     of Indian Tribes--
       (A) for traditional ceremonies; and
       (B) as a source of traditional plants and other materials.

     SEC. 6403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.

       (a) Acquisition.--
       (1) In general.--The Secretary may acquire any land or 
     interest in land within the boundary of the National 
     Recreation Area.
       (2) Manner of acquisition.--
       (A) In general.--Subject to subparagraph (B), land 
     described in paragraph (1) may be acquired under this 
     subsection by--
       (i) donation;
       (ii) purchase from willing sellers with donated or 
     appropriated funds;
       (iii) transfer from another Federal agency; or
       (iv) exchange.
       (B) State land.--Land or interests in land owned by the 
     State or a political subdivision of the State may only be 
     acquired by purchase, donation, or exchange.
       (b) Transfer of Administrative Jurisdiction.--
       (1) Forest service land.--
       (A) In general.--Administrative jurisdiction over the 
     approximately 2,500 acres of land identified on the map as 
     ``U.S. Forest Service proposed transfer to the National Park 
     Service'' is transferred to the Secretary, to be administered 
     by the Director of the National Park Service as part of the 
     National Recreation Area.
       (B) Boundary adjustment.--The boundary of the Gunnison 
     National Forest shall be adjusted to exclude the land 
     transferred to the Secretary under subparagraph (A).
       (2) Bureau of land management land.--Administrative 
     jurisdiction over the approximately 6,100 acres of land 
     identified on the map as ``Bureau of Land Management proposed 
     transfer to National Park Service'' is transferred from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service, to be administered as part of the 
     National Recreation Area.
       (3) Withdrawal.--Administrative jurisdiction over the land 
     identified on the map as ``Proposed for transfer to the 
     Bureau of Land Management, subject to the revocation of 
     Bureau of Reclamation withdrawal'' shall be transferred to 
     the Director of the Bureau of Land Management on 
     relinquishment of the land by the Bureau of Reclamation and 
     revocation by the Bureau of Land Management of any withdrawal 
     as may be necessary.
       (c) Potential Land Exchange.--
       (1) In general.--The withdrawal for reclamation purposes of 
     the land identified on the map as ``Potential exchange 
     lands'' shall be relinquished by the Commissioner of 
     Reclamation and revoked by the Director of the Bureau of Land 
     Management and the land shall be transferred to the National 
     Park Service.
       (2) Exchange; inclusion in national recreation area.--On 
     transfer of the land described in paragraph (1), the 
     transferred land--
       (A) may be exchanged by the Secretary for private land 
     described in section 6402(c)(5)--
       (i) subject to a conservation easement remaining on the 
     transferred land, to protect the scenic resources of the 
     transferred land; and
       (ii) in accordance with the laws (including regulations) 
     and policies governing National Park Service land exchanges; 
     and
       (B) if not exchanged under subparagraph (A), shall be added 
     to, and managed as a part of, the National Recreation Area.
       (d) Addition to National Recreation Area.--Any land within 
     the boundary of the National Recreation Area that is acquired 
     by the United States shall be added to, and managed as a part 
     of, the National Recreation Area.

     SEC. 6404. GENERAL MANAGEMENT PLAN.

       Not later than 3 years after the date on which funds are 
     made available to carry out this title, the Director of the 
     National Park Service, in consultation with the Commissioner 
     of Reclamation, shall prepare a general management plan for 
     the National Recreation Area in accordance with section 
     100502 of title 54, United States Code.

     SEC. 6405. BOUNDARY SURVEY.

       The Secretary (acting through the Director of the National 
     Park Service) shall prepare a boundary survey and legal 
     description of the National Recreation Area.
                                 ______
                                 
  SA 298. Mr. BENNET (for himself 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, add the following:

          DIVISION F--DIGITAL PLATFORM COMMISSION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Digital Platform 
     Commission Act of 2023''.

     SEC. 6002. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) In the United States and around the world, digital 
     platforms and online services play a central role in modern 
     life by providing new tools for communication, commerce, 
     entrepreneurship, and debate.
       (2) The United States takes pride in the success of its 
     technology sector, which leads the world in innovation and 
     dynamism, provides valuable services to the people of the 
     United States, and supports thousands of good-paying jobs in 
     the United States.
       (3) In recent years, a few digital platforms have 
     benefitted from the combination of economies of scale, 
     network effects, and unique characteristics of the digital 
     marketplace to achieve vast power over the economy, society, 
     and democracy of the United States.
       (4) The last time Congress enacted legislation to 
     meaningfully regulate the technology or telecommunications 
     sector was the Telecommunications Act of 1996 (Public Law 
     104-104; 110 Stat 56.), years before many of today's largest 
     digital platforms even existed.
       (5) Digital platforms remain largely unregulated and are 
     left to write their own rules without meaningful democratic 
     input or accountability.
       (6) The unregulated policies and operations of some of the 
     most powerful digital platforms have at times produced 
     demonstrable harm, including--
       (A) undercutting small businesses;
       (B) abetting the collapse of trusted local journalism;
       (C) enabling addiction and other harms to the mental health 
     of the people of the United States, especially minors;
       (D) disseminating disinformation and hate speech;
       (E) undermining privacy and monetizing the personal data of 
     individuals in the United States without their informed 
     consent;
       (F) in some cases, radicalizing individuals to violence; 
     and
       (G) perpetuating discriminatory treatment of communities of 
     color and underserved populations.
       (7) The development of increasingly powerful algorithmic 
     processes for communication, research, content generation, 
     and decision making, such as generative artificial 
     intelligence, threatens to magnify the harms identified in 
     paragraph (6) without mechanisms for proper oversight and 
     regulation to protect the public interest.
       (8) The failure of the United States Government to 
     establish appropriate regulations for digital platforms cedes 
     to foreign competitors the historic role played by the United 
     States in setting reasonable rules of the road and technical 
     standards for emerging technologies.

[[Page S2502]]

       (9) Throughout the history of the United States, Congress 
     has often responded to the emergence of powerful and complex 
     new sectors of the economy by empowering sector-specific 
     expert Federal regulators.
       (10) Throughout the history of the United States, the 
     Federal Government has established reasonable regulation, 
     consistent with the First Amendment to the Constitution of 
     the United States, to promote a diversity of viewpoints, 
     support civic engagement, and preserve the right of citizens 
     to communicate with each other, which is foundational to 
     self-governance.
       (11) The unique power and complexity of several digital 
     platforms, combined with the absence of modern Federal 
     regulations, reinforces the need for a new Federal body 
     equipped with the authorities, tools, and expertise to 
     regulate digital platforms to ensure their operations remain 
     consistent, where appropriate, with the public interest.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal agency established under this division should--
       (1) develop appropriate regulations and policies grounded 
     in the common law principles of the duty of care and the duty 
     to deal, insofar as those principles are relevant and 
     practical; and
       (2) adopt, where relevant and practical, a risk management 
     regulatory approach that prioritizes anticipating, limiting, 
     and balancing against other interests the broad economic, 
     societal, and political risks of harm posed by the activities 
     and operations of a person or class of persons.

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Algorithmic process.--The term ``algorithmic process'' 
     means a computational process, including one derived from 
     machine learning or other artificial intelligence techniques, 
     that processes personal information or other data for the 
     purpose of--
       (A) making a decision;
       (B) generating content; or
       (C) determining the order or manner in which a set of 
     information is provided, recommended to, or withheld from a 
     user of a digital platform, including--
       (i) the provision of commercial content;
       (ii) the display of social media posts;
       (iii) the display of search results or rankings; or
       (iv) any other method of automated decision making, content 
     selection, or content amplification.
       (2) Code council; council.--The term ``Code Council'' or 
     ``Council'' means the Code Council established under section 
     6008(a).
       (3) Commission.--The term ``Commission'' means the Federal 
     Digital Platform Commission established under section 6004.
       (4) Digital platform.--
       (A) In general.--The term ``digital platform'' means an 
     online service that serves as an intermediary facilitating 
     interactions--
       (i) between users; and
       (ii) between users and--

       (I) entities offering goods and services through the online 
     service; or
       (II) the online service with respect to goods and services 
     offered directly by the online service, including content 
     primarily generated by algorithmic processes.

       (B) De minimis exception.--
       (i) In general.--Notwithstanding subparagraph (A)(ii)(II), 
     the term ``digital platform'' does not include an entity that 
     offers goods and services to the public online if the 
     offering of goods and services online is a de minimis part of 
     the entity's overall business.
       (ii) Online services that do not qualify for de minimis 
     exception.--Notwithstanding clause (i), if an online service 
     described in subparagraph (A)(ii)(II) is owned by an entity 
     but is offered through an affiliate, partnership, or joint 
     venture of, or is otherwise segregable from, the entity--

       (I) the online service shall be considered a digital 
     platform; and
       (II) the entity shall not be considered a digital platform.

       (C) Small digital platform businesses.--
       (i) In general.--The term ``digital platform'' does not 
     include a small digital platform business, except as provided 
     in clause (iii).
       (ii) SBA rulemaking.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator of the Small 
     Business Administration shall by regulation define the term 
     ``small digital platform business'' for purposes of clause 
     (i).
       (iii) Non-applicability to systemically important digital 
     platforms.--Clause (i) shall not apply to a systemically 
     important digital platform.
       (D) News organizations.--The term ``digital platform'' does 
     not include an entity whose primary purpose is the delivery 
     to the public of news that the entity writes, edits, and 
     reports.
       (5) Immediate family member.--The term ``immediate family 
     member'', with respect to an individual, means a spouse, 
     parent, sibling, or child of the individual.
       (6) Online service.--The term ``online service'' includes a 
     consumer-facing website, back-end online-support system, or 
     other facilitator of online transactions and activities.
       (7) Systemically important digital platform.--The term 
     ``systemically important digital platform'' means a digital 
     platform that the Commission has designated as a systemically 
     important digital platform under section 6010.

     SEC. 6004. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM 
                   COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Federal Digital Platform Commission'', which 
     shall--
       (1) be constituted as provided in this division; and
       (2) execute and enforce the provisions of this division.
       (b) Purposes of Commission.--The purpose of the Commission 
     is to regulate digital platforms, consistent with the public 
     interest, convenience, and necessity, to promote to all the 
     people of the United States, so far as possible, the 
     following:
       (1) Access to digital platforms for civic engagement and 
     economic and educational opportunities.
       (2) Access to government services and public safety.
       (3) Competition to encourage the creation of new online 
     services and innovation, and to provide to consumers benefits 
     such as lower prices and better quality of service.
       (4) Prevention of harmful levels of concentration of 
     private power over critical digital infrastructure.
       (5) A robust and competitive marketplace of ideas with a 
     diversity of views at the local, State, and national levels.
       (6) Protection for consumers, including those in 
     communities of color and underserved populations, from 
     deceptive, unfair, unjust, unreasonable, or abusive practices 
     committed by digital platforms.
       (7) Assurance that the algorithmic processes of digital 
     platforms are fair, transparent, and safe.
       (c) Rule of Construction.--Nothing in this division, or any 
     amendment made by this division, shall be construed to 
     modify, impair, or supersede the applicability of any 
     antitrust laws.

     SEC. 6005. JURISDICTION.

       (a) Plenary Jurisdiction.--The Commission shall have 
     jurisdiction over any digital platform, the services of 
     which--
       (1) originate or are received within the United States; and
       (2) affect interstate or foreign commerce.
       (b) Provisions Relative to Systemically Important Digital 
     Platforms.--Not later than 180 days after the earliest date 
     as of which not fewer than 3 Commissioners have been 
     confirmed, the Commission shall determine whether to 
     promulgate rules, with input from the Code Council as 
     appropriate, to establish for systemically important digital 
     platforms--
       (1) commercial and technical standards for--
       (A) data portability; and
       (B) interoperability, which shall be defined as the 
     functionality of information systems to--
       (i) exchange data; and
       (ii) enable sharing of information;
       (2) requirements--
       (A) for recommendation systems and other algorithmic 
     processes of systemically important digital platforms to 
     ensure that the algorithmic processes are fair, transparent, 
     and without harmful, abusive, anticompetitive, or deceptive 
     bias; and
       (B) for auditing, accountability, and explainability of 
     algorithmic processes;
       (3) transparency requirements for terms of service, 
     including content moderation policies;
       (4) requirements for regular public risk assessments of the 
     distribution of harmful content on a systemically important 
     digital platform and steps the systemically important digital 
     platform has taken, or plans to take, to mitigate those 
     harms, including harms arising from algorithmic processes;
       (5) transparency and disclosure obligations to enable--
       (A) oversight by the Commission;
       (B) third-party audits to ensure the accuracy of any public 
     risk assessments required under paragraph (4); and
       (C) trusted third-party research in the public interest; 
     and
       (6) commercial and technical standards to ensure 
     accessibility to individuals with a disability, as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102), including to provide the ability for an 
     individual who has a hearing impairment, speech impairment, 
     or vision impairment to engage with systemically important 
     digital platforms in a manner that is functionally equivalent 
     to the ability of an individual who does not have a hearing 
     impairment, speech impairment, or vision impairment to engage 
     with systemically important digital platforms.
       (c) Specific Codes and Standards.--
       (1) Age-appropriate design code.--
       (A) Establishment.--Not later than 180 days after the 
     earliest date as of which not fewer than 3 Commissioners have 
     been confirmed, the Commission shall, with input from the 
     Code Council as appropriate, establish by rule an age-
     appropriate design code.
       (B) Contents.--The age-appropriate design code established 
     under subparagraph (A) shall include--
       (i) requirements governing the design and data privacy 
     standards for the entities that the Commission designates as 
     being subject to the code; and
       (ii) prohibited design features and data practices for the 
     entities described in clause (i).
       (2) Age verification standards.--Not later than 180 days 
     after the earliest date as of which not fewer than 3 
     Commissioners have been confirmed, the Commission shall,

[[Page S2503]]

     with input from the Code Council as appropriate, begin the 
     process of developing age verification standards.
       (3) Procedure.--
       (A) Public review; commission examination and vote.--In 
     establishing an age-appropriate design code and age 
     verification standards under paragraphs (1) and (2), the 
     Commission shall first develop a proposed code and standards, 
     respectively, and comply with the requirements under 
     paragraph (4) of section 6008(e) in the same manner as with 
     respect to a proposed behavioral code, technical standard, or 
     other policy submitted to the Commission by the Code Council 
     under paragraph (3) of that section.
       (B) Updates.--Paragraph (5) of section 6008(e) shall apply 
     to the age-appropriate design code and age verification 
     standards established under paragraphs (1) and (2) of this 
     subsection in the same manner as it applies to a behavioral 
     code, technical standard, or other policy established by rule 
     under paragraph (4) of that section.
       (d) Forbearance.--
       (1) In general.--The Commission may forbear from exercising 
     jurisdiction over a digital platform or class of digital 
     platforms based on size, revenue, market share, or other 
     attributes the Commission determines appropriate.
       (2) Flexibility.--The Commission may reassert jurisdiction 
     over a digital platform or class of digital platform over 
     which the Commission forbore from exercising jurisdiction 
     under paragraph (1).

     SEC. 6006. ORGANIZATION AND GENERAL POWERS.

       (a) In General.--The Commission shall be composed of 5 
     Commissioners appointed by the President, by and with the 
     advice and consent of the Senate, one of whom the President 
     shall designate as chair.
       (b) Qualifications.--
       (1) Citizenship.--Each member of the Commission shall be a 
     citizen of the United States.
       (2) Conflicts of interest.--
       (A) In general.--Subject to subparagraphs (B) and (C), no 
     member of the Commission or person employed by the 
     Commission, and no immediate family member thereof, shall--
       (i) be financially interested in--

       (I) any person significantly regulated by the Commission 
     under this division; or
       (II) a third party in direct and substantial competition 
     with a person described in subclause (I); or

       (ii) be employed by, hold any official relation to, or own 
     any stocks, bonds, or other securities of, any person or 
     third party described in clause (i).
       (B) Significant interest.--The prohibitions under 
     subparagraph (A) shall apply only to financial interests in 
     any company or other entity that has a significant interest 
     in activities subject to regulation by the Commission.
       (C) Waiver.--
       (i) In general.--Subject to section 208 of title 18, United 
     States Code, the Commission may waive, from time to time, the 
     application of the prohibitions under subparagraph (A) to 
     persons employed by the Commission, or immediate family 
     members thereof, if the Commission determines that the 
     financial interests of a person that are involved in a 
     particular case are minimal.
       (ii) No waiver for commissioners.--The waiver authority 
     under clause (i) shall not apply with respect to members of 
     the Commission.
       (iii) Publication.--If the Commission exercises the waiver 
     authority under clause (i), the Commission shall publish 
     notice of that action in the Federal Register.
       (3) Determination of significant interest.--The Commission, 
     in determining for purposes of paragraph (2) whether a 
     company or other entity has a significant interest in 
     activities that are subject to regulation by the Commission, 
     shall consider, without excluding other relevant factors--
       (A) the revenues, investments, profits, and managerial 
     efforts directed to the related activities of the company or 
     other entity, as compared to the other aspects of the 
     business of the company or other entity;
       (B) the extent to which the Commission regulates and 
     oversees the activities of the company or other entity;
       (C) the degree to which the economic interests of the 
     company or other entity may be affected by any action of the 
     Commission; and
       (D) the perceptions held by the public regarding the 
     business activities of the company or other entity.
       (4) No other employment.--A member of the Commission may 
     not engage in any other business, vocation, profession, or 
     employment while serving as a member of the Commission.
       (5) Political parties.--The maximum number of commissioners 
     who may be members of the same political party shall be a 
     number equal to the least number of commissioners that 
     constitutes a majority of the full membership of the 
     Commission.
       (c) Term.--
       (1) In general.--A commissioner--
       (A) shall be appointed for a term of 5 years; and
       (B) may continue to serve after the expiration of the fixed 
     term of office of the commissioner until a successor is 
     appointed and has been confirmed and taken the oath of 
     office.
       (2) Filling of vacancies.--Any person chosen to fill a 
     vacancy in the Commission--
       (A) shall be appointed for the unexpired term of the 
     commissioner that the person succeeds;
       (B) except as provided in subparagraph (C), may continue to 
     serve after the expiration of the fixed term of office of the 
     commissioner that the person succeeds until a successor is 
     appointed and has been confirmed and taken the oath of 
     office; and
       (C) may not continue to serve after the expiration of the 
     session of Congress that begins after the expiration of the 
     fixed term of office of the commissioner that the person 
     succeeds.
       (3) Effect of vacancy on powers of commission.--Except as 
     provided in section 6009(e) (relating to repeal of prior 
     rules), no vacancy in the Commission shall impair the right 
     of the remaining commissioners to exercise all the powers of 
     the Commission.
       (d) Salary of Commissioners.--
       (1) In general.--Each Commissioner shall receive an annual 
     salary at the annual rate payable from time to time for grade 
     16 of the pay scale of the Securities and Exchange 
     Commission, payable in monthly installments.
       (2) Chair.--The Chair of the Commission, during the period 
     of service as Chair, shall receive an annual salary at the 
     annual rate payable from time to time for grade 17 of the pay 
     scale of the Securities and Exchange Commission.
       (e) Principal Office.--
       (1) General sessions.--The principal office of the 
     Commission shall be in the District of Columbia, where its 
     general sessions shall be held.
       (2) Special sessions.--Whenever the convenience of the 
     public or of the parties may be promoted or delay or expense 
     prevented thereby, the Commission may hold special sessions 
     in any part of the United States.
       (f) Employees.--
       (1) In general.--The Commission may, subject to the civil 
     service laws and the Classification Act of 1949, as amended, 
     appoint such officers, engineers, accountants, attorneys, 
     inspectors, examiners, and other employees as are necessary 
     in the exercise of its functions.
       (2) Assistants.--
       (A) Professional assistants; secretary.--Without regard to 
     the civil-service laws, but subject to the Classification Act 
     of 1949, each commissioner may appoint professional 
     assistants and a secretary, each of whom shall perform such 
     duties as the commissioner shall direct.
       (B) Administrative assistant to chair.--In addition to the 
     authority under subparagraph (A), the Chair of the Commission 
     may appoint, without regard to the civil-service laws, but 
     subject to the Classification Act of 1949, an administrative 
     assistant who shall perform such duties as the Chair shall 
     direct.
       (3) Use of volunteers to monitor violations relating to 
     online services.--
       (A) Recruitment and training of volunteers.--The 
     Commission, for purposes of monitoring violations of any 
     provision of this division (and of any regulation prescribed 
     by the Commission under this division), may--
       (i) recruit and train any software engineer, computer 
     scientist, data scientist, or other individual with skills or 
     expertise relevant to the responsibilities of the Commission; 
     and
       (ii) accept and employ the voluntary and uncompensated 
     services of individuals described in clause (i).
       (B) No limitations on voluntary services.--The authority of 
     the Commission under subparagraph (A) shall not be subject to 
     or affected by--
       (i) part III of title 5, United States Code; or
       (ii) section 1342 of title 31, United States Code.
       (C) No federal employment.--Any individual who provides 
     services under this paragraph or who provides goods in 
     connection with such services shall not be considered a 
     Federal or special government employee.
       (D) Broad representation.--The Commission, in accepting and 
     employing services of individuals under subparagraph (A), 
     shall seek to achieve a broad representation of individuals 
     and organizations.
       (E) Rules of conduct.--The Commission may establish rules 
     of conduct and other regulations governing the service of 
     individuals under this paragraph.
       (F) Regulations for personnel practices.--The Commission 
     may prescribe regulations to select, oversee, sanction, and 
     dismiss any individual authorized under this paragraph to be 
     employed by the Commission.
       (g) Expenditures.--
       (1) In general.--The Commission may make such expenditures 
     (including expenditures for rent and personal services at the 
     seat of government and elsewhere, for office supplies, online 
     subscriptions, electronics, law books, periodicals, 
     subscriptions, and books of reference), as may be necessary 
     for the execution of the functions vested in the Commission 
     and as may be appropriated for by Congress in accordance with 
     the authorizations of appropriations under section 6020.
       (2) Reimbursement.--All expenditures of the Commission, 
     including all necessary expenses for transportation incurred 
     by the commissioners or by their employees, under their 
     orders, in making any investigation or upon any official 
     business in any other places than in the city of Washington, 
     shall be allowed and paid on the presentation of itemized 
     vouchers therefor approved by the Chair of the Commission or 
     by such other members or officer thereof as may be designated 
     by the Commission for that purpose.
       (3) Gifts.--

[[Page S2504]]

       (A) In general.--Notwithstanding any other provision of 
     law, in furtherance of its functions the Commission is 
     authorized to accept, hold, administer, and use unconditional 
     gifts, donations, and bequests of real, personal, and other 
     property (including voluntary and uncompensated services, as 
     authorized by section 3109 of title 5, United States Code).
       (B) Taxes.--For the purpose of Federal law on income taxes, 
     estate taxes, and gift taxes, property or services accepted 
     under the authority of subparagraph (A) shall be deemed to be 
     a gift, bequest, or devise to the United States.
       (C) Regulations.--
       (i) In general.--The Commission shall promulgate 
     regulations to carry out this paragraph.
       (ii) Conflicts of interest.--The regulations promulgated 
     under clause (i) shall include provisions to preclude the 
     acceptance of any gift, bequest, or donation that would 
     create a conflict of interest or the appearance of a conflict 
     of interest.
       (h) Quorum; Seal.--
       (1) Quorum.--Three members of the Commission shall 
     constitute a quorum thereof.
       (2) Seal.--The Commission shall have an official seal which 
     shall be judicially noticed.
       (i) Duties and Powers.--The Commission may perform any and 
     all acts, including collection of any information from 
     digital platforms under the jurisdiction of the Commission as 
     the Commission determines necessary, without regard to any 
     final determination of the Office on Management and Budget 
     under chapter 35 of title 44, United States Code (commonly 
     referred to as the ``Paperwork Reduction Act''), make such 
     rules and regulations, and issue such orders, not 
     inconsistent with this division, as may be necessary in the 
     execution of its functions.
       (j) Conduct of Proceedings; Hearings.--
       (1) In general.--The Commission may conduct its proceedings 
     in such manner as will best conduce to the proper dispatch of 
     business and to the ends of justice.
       (2) Conflict of interest.--No commissioner shall 
     participate in any hearing or proceeding in which he has a 
     pecuniary interest.
       (3) Open to all parties.--Any party may appear before the 
     Commission and be heard in person or by attorney.
       (4) Record of proceedings.--
       (A) In general.--Subject to subparagraph (B)--
       (i) every vote and official act of the Commission shall be 
     entered of record; and
       (ii) the Commission shall endeavor to make each proceeding 
     public, while recognizing the occasional need for private 
     convening and deliberation.
       (B) Defense information.--The Commission may withhold 
     publication of records or proceedings containing secret 
     information affecting the national defense.
       (k) Record of Reports.--All reports of investigations made 
     by the Commission shall be entered of record, and a copy 
     thereof shall be furnished to the party who may have 
     complained, and to any digital platform or licensee that may 
     have been complained of.
       (l) Publication of Reports; Admissibility as Evidence.--The 
     Commission shall provide for the publication of its reports 
     and decisions in such form and manner as may be best adapted 
     for public information and use, and such authorized 
     publications shall be competent evidence of the reports and 
     decisions of the Commission therein contained in all courts 
     of the United States and of the several States without any 
     further proof or authentication thereof.
       (m) Compensation of Appointees.--Rates of compensation of 
     persons appointed under this section shall be subject to the 
     reduction applicable to officers and employees of the Federal 
     Government generally.
       (n) Memoranda of Understanding.--The Commission shall enter 
     into memoranda of understanding with the Federal 
     Communications Commission, the Federal Trade Commission, and 
     the Department of Justice to ensure, to the greatest extent 
     possible, coordination, collaboration, and the effective use 
     of Federal resources concerning areas of overlapping 
     jurisdiction.

     SEC. 6007. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.

       (a) Chair; Duties; Vacancy.--
       (1) In general.--The member of the Commission designated by 
     the President as Chair shall be the chief executive officer 
     of the Commission.
       (2) Duties.--The Chair of the Commission shall--
       (A) preside at all meetings and sessions of the Commission;
       (B) represent the Commission in all matters relating to 
     legislation and legislative reports, except that any 
     commissioner may present the commissioner's own or minority 
     views or supplemental reports;
       (C) represent the Commission in all matters requiring 
     conferences or communications with other governmental 
     officers, departments, or agencies; and
       (D) generally coordinate and organize the work of the 
     Commission in such manner as to promote prompt and efficient 
     disposition of all matters within the jurisdiction of the 
     Commission.
       (3) Vacancy.--In the case of a vacancy in the office of the 
     Chair of the Commission, or the absence or inability of the 
     Chair to serve, the Commission may temporarily designate a 
     member of the Commission to act as Chair until the cause or 
     circumstance requiring the designation is eliminated or 
     corrected.
       (b) Organization of Staff.--
       (1) In general.--From time to time as the Commission may 
     find necessary, the Commission shall organize its staff 
     into--
       (A) bureaus, to function on the basis of the Commission's 
     principal workload operations; and
       (B) such other divisional organizations as the Commission 
     may determine necessary.
       (2) Integration.--The Commission, to the extent 
     practicable, shall organize the bureaus and other divisions 
     of the Commission to--
       (A) promote collaboration and cross-cutting subject matter 
     and technical expertise; and
       (B) avoid organization silos.
       (3) Personnel.--Each bureau established under paragraph 
     (1)(A) shall include such legal, engineering, accounting, 
     administrative, clerical, and other personnel as the 
     Commission may determine to be necessary to perform its 
     functions.
       (4) Expert personnel.--The Commission shall prioritize, to 
     the extent practicable, the hiring of staff with a 
     demonstrated academic or professional background in computer 
     science, data science, application development, technology 
     policy, and other areas the Commission may determine 
     necessary to perform its functions.
       (c) Delegation of Functions; Exceptions to Initial Orders; 
     Force, Effect, and Enforcement of Orders; Administrative and 
     Judicial Review; Qualifications and Compensation of 
     Delegates; Assignment of Cases; Separation of Review and 
     Investigative or Prosecuting Functions; Secretary; Seal.--
       (1) Delegation of functions.--
       (A) In general.--When necessary to the proper functioning 
     of the Commission and the prompt and orderly conduct of its 
     business, the Commission may, by published rule or by order, 
     delegate any of its functions to a panel of commissioners, an 
     individual commissioner, an employee board, or an individual 
     employee, including functions with respect to hearing, 
     determining, ordering, certifying, reporting, or otherwise 
     acting as to any work, business, or matter; except that in 
     delegating review functions to employees in cases of 
     adjudication (as defined in section 551 of title 5, United 
     States Code), the delegation in any such case may be made 
     only to an employee board consisting of 2 or more employees 
     referred to in paragraph (7).
       (B) Minimum vote.--Any rule or order described in 
     subparagraph (A) may be adopted, amended, or rescinded only 
     by a vote of a majority of the members of the Commission then 
     holding office.
       (2) Force, effect, and enforcement of orders.--Any order, 
     decision, report, or action made or taken pursuant to a 
     delegation under paragraph (1), unless reviewed as provided 
     in paragraph (3), shall have the same force and effect, and 
     shall be made, evidenced, and enforced in the same manner, as 
     orders, decisions, reports, or other actions of the 
     Commission.
       (3) Administrative and judicial review.--
       (A) Aggrieved persons.--Any person aggrieved by an order, 
     decision, report, or action described in paragraph (1) may 
     file an application for review by the Commission within such 
     time and in such manner as the Commission shall prescribe, 
     and every such application shall be passed upon by the 
     Commission.
       (B) Initiative of commission.--The Commission, on its own 
     initiative, may review in whole or in part, at such time and 
     in such manner as it shall determine, any order, decision, 
     report, or action made or taken pursuant to any delegation 
     under paragraph (1).
       (4) Review.--
       (A) In general.--In passing upon an application for review 
     filed under paragraph (3), the Commission may grant, in whole 
     or in part, or deny the application without specifying any 
     reasons therefor.
       (B) Questions of fact or law.--No application for review 
     filed under paragraph (3)(A) shall rely on questions of fact 
     or law upon which the panel of commissioners, individual 
     commissioner, employee board, or individual employee has been 
     afforded no opportunity to pass.
       (5) Grant of application.--If the Commission grants an 
     application for review filed under paragraph (3)(A), the 
     Commission may--
       (A) affirm, modify, or set aside the order, decision, 
     report, or action; or
       (B) order a rehearing upon the order, decision, report, or 
     action.
       (6) Application required for judicial review.--The filing 
     of an application for review under paragraph (3)(A) shall be 
     a condition precedent to judicial review of any order, 
     decision, report, or action made or taken pursuant to a 
     delegation under paragraph (1).
       (7) Qualifications and compensation of delegates; 
     assignment of cases; separation of review and investigative 
     or prosecuting functions.--
       (A) Qualifications of delegates.--The employees to whom the 
     Commission may delegate review functions in any case of 
     adjudication (as defined in the Administrative Procedure 
     Act)--
       (i) shall be qualified, by reason of their training, 
     experience, and competence, to perform such review functions; 
     and
       (ii) shall perform no duties inconsistent with such review 
     functions.
       (B) Compensation.--An employee described in subparagraph 
     (A) shall be in a grade classification or salary level 
     commensurate with the important duties of the employee, and 
     in

[[Page S2505]]

     no event less than the grade classification or salary level 
     of the employee or employees whose actions are to be 
     reviewed.
       (C) Separation.--In the performance of review functions 
     described in subparagraph (A), employees described in that 
     subparagraph--
       (i) shall be assigned to cases in rotation so far as 
     practicable; and
       (ii) shall not be responsible to or subject to the 
     supervision or direction of any officer, employee, or agent 
     engaged in the performance of investigative or prosecuting 
     functions for any agency.
       (8) Secretary; seal.--The secretary and seal of the 
     Commission shall be the secretary and seal of each panel of 
     the Commission, each individual commissioner, and each 
     employee board or individual employee exercising functions 
     delegated pursuant to paragraph (1) of this subsection.
       (d) Meetings.--Meetings of the Commission shall be held at 
     regular intervals, not less frequently than once each 
     calendar month, at which times the functioning of the 
     Commission and the handling of its workload shall be reviewed 
     and such orders shall be entered and other action taken as 
     may be necessary or appropriate to expedite the prompt and 
     orderly conduct of the business of the Commission with the 
     objective of rendering a final decision in a timely fashion.
       (e) Managing Director.--
       (1) In general.--The Commission shall have a Managing 
     Director who shall be appointed by the Chair subject to the 
     approval of the Commission.
       (2) Functions.--The Managing Director, under the 
     supervision and direction of the Chair, shall perform such 
     administrative and executive functions as the Chair shall 
     delegate.
       (3) Pay.--The Managing Director shall be paid at a rate 
     equal to the rate then payable for grade 15 of the pay scale 
     of the Securities and Exchange Commission.

     SEC. 6008. CODE COUNCIL.

       (a) Establishment.--The Commission shall establish a Code 
     Council that shall develop proposed voluntary or enforceable 
     behavioral codes, technical standards, or other policies for 
     digital platforms through the code process under subsection 
     (e), including with respect to transparency and 
     accountability for algorithmic processes.
       (b) Membership.--
       (1) In general.--The Council shall consist of 18 members, 
     of whom--
       (A) 6 shall be representatives of digital platforms or 
     associations of digital platforms, not fewer than 3 of whom 
     shall be representatives of systemically important digital 
     platforms or associations that include systemically important 
     digital platforms;
       (B) 6 shall be representatives of nonprofit public interest 
     groups, academics, and other experts not affiliated with 
     commercial enterprises, with demonstrated expertise in 
     technology policy, law, consumer protection, privacy, 
     competition, disinformation, or another area the Chair 
     determines relevant; and
       (C) 6 shall be technical experts in engineering, 
     application development, computer science, data science, 
     machine learning, communications, media studies, and any 
     other discipline the Chair determines relevant.
       (2) Appointment.--The Chair shall appoint each member of 
     the Council, subject to approval by the Commission.
       (3) Terms.--
       (A) In general.--A member of the Council shall be appointed 
     for a term of 3 years.
       (B) Staggered terms.--The terms of members of the Council 
     shall be staggered such that one-third of the membership of 
     the Council changes each year.
       (c) Meetings.--The Council shall meet publicly not less 
     frequently than once a month.
       (d) Chair and Vice Chair.--
       (1) In general.--There shall be a Chair and Vice Chair of 
     the Council--
       (A) one of whom shall be a member described in subparagraph 
     (A) of subsection (b)(1); and
       (B) one of whom shall be a member described in subparagraph 
     (B) of subsection (b)(1).
       (2) Annual rotation.--The Chair or Vice Chair for a 
     calendar year shall be a member described in a different 
     subparagraph of subsection (b)(1) than the member who served 
     as Chair or Vice Chair, respectively, for the preceding 
     calendar year.
       (e) Code Process.--
       (1) In general.--The Commission may, at any time, initiate 
     a process to develop a voluntary or enforceable behavioral 
     code, technical standard, or other policy for digital 
     platforms or a class of digital platforms.
       (2) Initiation based on petition or council vote.--The 
     Commission may initiate the process described in paragraph 
     (1) if--
       (A) the Commission receives a petition from the public, 
     including from a digital platform or an association of 
     digital platforms; or
       (B) the Council votes to initiate the process.
       (3) Council examination and vote.--If the process described 
     in paragraph (1) is initiated, the Council--
       (A) shall consider and develop, if appropriate, a proposed 
     behavioral code, technical standard, or other policy for 
     digital platforms or a class of digital platforms;
       (B) in considering and developing a proposed code, 
     standard, or policy under subparagraph (A), shall--
       (i) allow for submission of feedback by any interested 
     party; and
       (ii) make available to the public a factual record, 
     developed during the consideration and development of the 
     proposed code, standard, or policy, that includes any 
     submission received under clause (i);
       (C) not earlier than 180 days and not later than 360 days 
     after the date on which the process is initiated, shall vote 
     on whether to submit a recommendation for the proposed code, 
     standard, or policy to the Commission; and
       (D) may submit minority views along with a recommendation 
     under subparagraph (C), as appropriate.
       (4) Public review; commission examination and vote.--Upon 
     receipt of a recommendation for a proposed behavioral code, 
     technical standard, or other policy from the Council under 
     paragraph (3), the Commission shall--
       (A) allow for submission of comments on the proposed code, 
     standard, or policy by any interested party for a period of 
     not fewer than 45 days and not more than 90 days, and 
     publicly disclose any comments received;
       (B) examine the proposed code, standard, or policy, along 
     with comments received under subparagraph (A);
       (C) determine whether to adopt, reject, or adopt with 
     modifications the proposed code, standard, or policy;
       (D) provide a public rationale for the determination under 
     subparagraph (C); and
       (E) promulgate rules to carry out the determination under 
     subparagraph (C) in accordance with section 553 of title 5, 
     United States Code.
       (5) Updates.--Not less frequently than once every 5 years, 
     the Commission shall review and update, as necessary, any 
     behavioral code, technical standard, or other policy 
     established by rule under paragraph (4).
       (6) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the authority of the Commission to 
     promulgate rules under section 6009.
       (f) Qualifications.--
       (1) Citizenship.--Each member of the Council shall be a 
     United States citizen or an alien lawfully admitted for 
     permanent residence to the United States.
       (2) Conflicts of interest.--
       (A) In general.--Subject to subparagraphs (B) and (C), no 
     member of the Council other than a member appointed under 
     subsection (b)(1)(A) shall--
       (i) be financially interested in any company or other 
     entity engaged in the business of providing online services;
       (ii) be financially interested in any company or other 
     entity that controls any company or other entity specified in 
     clause (i), or that derives a significant portion of its 
     total income from ownership of stocks, bonds, or other 
     securities of any such company or other entity; or
       (iii) be employed by, hold any official relation to, or own 
     any stocks, bonds, or other securities of, any person 
     significantly regulated by the Commission under this 
     division.
       (B) Significant interest.--The prohibitions under 
     subparagraph (A) shall apply only to financial interests in 
     any company or other entity that has a significant interest 
     in activities subject to regulation by the Commission.
       (C) Waiver.--
       (i) In general.--Subject to section 208 of title 18, United 
     States Code, the Commission may waive, from time to time, the 
     application of the prohibitions under subparagraph (A) to a 
     member of the Council if the Commission determines that the 
     financial interests of the member that are involved in a 
     particular case are minimal.
       (ii) Publication.--If the Commission exercises the waiver 
     authority under clause (i), the Commission shall publish 
     notice of that action in the Federal Register.
       (3) Determination of significant interest.--The Commission, 
     in determining for purposes of paragraph (2) whether a 
     company or other entity has a significant interest in 
     activities that are subject to regulation by the Commission, 
     shall consider, without excluding other relevant factors--
       (A) the revenues, investments, profits, and managerial 
     efforts directed to the related activities of the company or 
     other entity, as compared to the other aspects of the 
     business of the company or other entity;
       (B) the extent to which the Commission regulates and 
     oversees the activities of the company or other entity;
       (C) the degree to which the economic interests of the 
     company or other entity may be affected by any action of the 
     Commission; and
       (D) the perceptions held by the public regarding the 
     business activities of the company or other entity.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed to authorize the Council to promulgate rules.

     SEC. 6009. RULEMAKING AUTHORITY, REQUIREMENTS, AND 
                   CONSIDERATIONS.

        The Commission--
       (1) may promulgate rules to carry out this division in 
     accordance with section 553 of title 5, United States Code; 
     and
       (2) shall tailor the rules promulgated under paragraph (1), 
     as appropriate, based on the size, dominance, and other 
     attributes of particular digital platforms.

     SEC. 6010. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.

       (a) Designation of SIDPs; Rulemaking Authority.--The 
     Commission may--

[[Page S2506]]

       (1) designate systemically important digital platforms in 
     accordance with this section; and
       (2) promulgate rules specific to systemically important 
     digital platforms, consistent with the purposes of the 
     Commission under section 6004(b).
       (b) Mandatory Criteria.--The Commission shall designate a 
     digital platform a systemically important digital platform if 
     the platform--
       (1) is open to the public on one side;
       (2) has significant engagement among users, which may take 
     the form of private groups, public groups, and the sharing of 
     posts visible to some or all users;
       (3) conducts business primarily at the interstate or 
     international level, as opposed to the intrastate level; and
       (4) has operations with significant nationwide economic, 
     social, or political impacts, as defined by the Commission 
     for purposes of this paragraph through notice-and-comment 
     rulemaking under section 553 of title 5, United States Code, 
     which may include--
       (A) the ability of the platform to significantly shape the 
     national dissemination of news;
       (B) the ability of the platform to cause a person 
     significant, immediate, and demonstrable economic, social, or 
     political harm by exclusion from the platform;
       (C) the market power of the platform;
       (D) the number of unique daily users of the platform; and
       (E) the dependence of business users, especially small 
     business users (including entrepreneurs from communities of 
     color and underserved populations), on the platform to reach 
     customers.
       (c) Annual and Other Reports.--
       (1) Authority to require reports.--The Commission may--
       (A) require annual reports from systemically important 
     digital platforms subject to this division, and from persons 
     directly or indirectly controlling or controlled by, or under 
     direct or indirect control with, any such platform;
       (B) prescribe the content expected in such reports;
       (C) prescribe the manner in which such reports shall be 
     made; and
       (D) require from such persons specific answers to all 
     questions upon which the Commission may need information.
       (2) Administration.--
       (A) Time period covered; filing.--A report under paragraph 
     (1)--
       (i) shall be for such 12 months' period as the Commission 
     shall designate; and
       (ii) shall be filed with the Commission at its office in 
     Washington not later than 3 months after the close of the 
     year for which the report is made, unless additional time is 
     granted in any case by the Commission.
       (B) Failure to meet deadline.--If a person subject to this 
     subsection fails to make and file an annual report within the 
     time specified under subparagraph (A), or within the time 
     extended by the Commission, for making and filing the report, 
     or fails to make specific answer to any question authorized 
     by this subsection within 30 days after the time the person 
     is lawfully required so to do, the person shall forfeit to 
     the United States--
       (i) $10,000 for each day the person continues to be in 
     default with respect thereto, for the first 30 days of such 
     default; and
       (ii) an amount determined appropriate by the Commission for 
     each subsequent day that the person continues to be in 
     default with respect thereto, which may not exceed 1 percent 
     of the total global revenue of the person during the 
     preceding year.

     SEC. 6011. INTER-AGENCY SUPPORT.

       (a) Expert Support.--Upon request from any other Federal 
     agency for expertise, technical assistance, or other support 
     from the Commission, the Commission shall provide that 
     support.
       (b) Required Consultation by Other Federal Agencies.--Any 
     Federal agency, including the Federal Trade Commission and 
     the Antitrust Division of the Department of Justice, engaged 
     in investigation, regulation, or oversight with respect to 
     the impact of digital platforms on consumer protection, 
     competition, civic engagement, or democratic values and 
     institutions shall consult with the Commission in carrying 
     out that investigation, regulation, or oversight.
       (c) Required Consultation With Other Federal Agencies.--The 
     Commission, in carrying out investigation, regulation, or 
     oversight with respect to the impact of digital platforms on 
     consumer protection, competition, civic engagement, or 
     democratic values and institutions, shall consult with each 
     other Federal agency, including the Federal Trade Commission 
     and the Antitrust Division of the Department of Justice, that 
     is engaged in investigation, regulation, or oversight with 
     respect to the impact of digital platforms on consumer 
     protection, competition, civic engagement, or democratic 
     values and institutions.

     SEC. 6012. PETITIONS.

       (a) Petition for Forbearance.--
       (1) Submission.--
       (A) In general.--Any digital platform or association of 
     digital platforms may submit a petition to the Commission 
     requesting that the Commission forbear the application and 
     enforcement of a rule promulgated under this division, 
     including a behavioral code of conduct, technical standard, 
     or other policy established by rule under section 6008.
       (B) Publication.--
       (i) In general.--Subject to clause (ii), the Commission 
     shall make a petition submitted under subparagraph (A) 
     available to the public.
       (ii) Waiver.--The Commission may waive the requirement 
     under clause (i) if the Commission makes the rationale for 
     the waiver available to the public.
       (2) Dismissal without prejudice.--
       (A) In general.--Any petition submitted under paragraph (1) 
     shall be deemed dismissed without prejudice if the Commission 
     does not grant the petition within 18 months after the date 
     on which the Commission receives the petition, unless the 
     Commission extends the 18-month period under subparagraph (B) 
     of this paragraph.
       (B) Extension.--The Commission may extend the initial 18-
     month period under subparagraph (A) by an additional 3 
     months.
       (3) Scope of grant authority; written explanation.--The 
     Commission may grant or deny a petition submitted under 
     paragraph (1) in whole or in part and shall explain its 
     decision in writing.
       (4) Notice and comment requirements.--Section 553 of title 
     5, United States Code, shall apply to any determination of 
     the Commission to forbear the application and enforcement of 
     a rule under paragraph (1) of this subsection.
       (b) State Enforcement After Commission Forbearance.--A 
     State commission may not continue to apply or enforce any 
     rule, including any behavioral code, technical standard, or 
     other policy established by rule, that the Commission has 
     determined to forbear from applying under subsection (a).

     SEC. 6013. RESEARCH.

       (a) Research Office.--In order to carry out the purposes of 
     this division, the Commission shall establish an office with 
     not fewer than 20 dedicated employees to conduct internal 
     research, and collaborate with outside academics and experts, 
     as appropriate, to further the purposes of the Commission 
     under section 6004(b).
       (b) Research Grants.--
       (1) In general.--The office established under subsection 
     (a) may competitively award grants to academic institutions 
     and experts to conduct research consistent with the purposes 
     of the Commission under section 6004(b).
       (2) Public availability.--A recipient of a grant awarded 
     under paragraph (1) shall make the findings of the research 
     conducted using the grant publicly available.
       (c) Pilot Research Program for Sensitive Data.--The 
     Commission shall by rule establish a pilot program that 
     allows vetted, nonprofit, financially disinterested academic 
     institutions and experts to access data and other information 
     collected from a digital platform by the Commission for the 
     purposes of research and analysis consistent with the public 
     interest, while--
       (1) ensuring that no personally identifiable information of 
     any user of the digital platform is publicly available; and
       (2) making every effort to--
       (A) avoid harm to the business interests of the digital 
     platform; and
       (B) ensure the safety and security of the private data and 
     other information of the digital platform.

     SEC. 6014. INVESTIGATIVE AUTHORITY.

       (a) In General.--The Commission may inquire into the 
     management of the business of digital platforms subject to 
     this division, and shall keep itself informed as to the 
     manner and method in which that management is conducted and 
     as to technical and business developments in the provision of 
     online services.
       (b) Information.--The Commission may obtain from digital 
     platforms subject to this division and from persons directly 
     or indirectly controlling or controlled by, or under direct 
     or indirect control with, those platforms full and complete 
     information necessary, including data flows, to enable the 
     Commission to perform the duties and carry out the objects 
     for which it was created.

     SEC. 6015. HSR FILINGS.

       Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by 
     adding at the end the following:
       ``(l)(1) In this subsection--
       ``(A) the terms `Commission' and `systemically important 
     digital platform' have the meanings given the terms in 
     section 6003 of the Digital Platform Commission Act of 2023; 
     and
       ``(B) the term `covered acquisition' means an acquisition--
       ``(i) subject to this section; and
       ``(ii) in which the acquiring person or the person whose 
     voting securities or assets are being acquired is a 
     systemically important digital platform.
       ``(2) Any notification required under subsection (a) for a 
     covered acquisition shall be submitted to the Commission.
       ``(3) The Commission may request the submission of 
     additional information or documentary material relevant to a 
     covered acquisition.
       ``(4) The Commission may submit a recommendation to the 
     Federal Trade Commission and the Assistant Attorney General 
     on whether the covered acquisition violates any of the 
     purposes of the Commission under section 6004(b) of the 
     Digital Platform Commission Act of 2023.
       ``(5) The Federal Trade Commission and the Assistant 
     Attorney General--
       ``(A) shall cooperate with the Commission in determining 
     whether a covered acquisition, if consummated, would violate 
     the

[[Page S2507]]

     antitrust laws or the purposes of the Commission under 
     section 6004(b) of the Digital Platform Commission Act of 
     2023;
       ``(B) may use the recommendation of the Commission as a 
     basis for rejecting the covered acquisition, or for imposing 
     additional requirements to consummate the acquisition, even 
     if the covered acquisition does not violate the antitrust 
     laws but violates other purposes of the Commission under 
     section 6004(b) of the Digital Platform Commission Act of 
     2023; and
       ``(C) in making a determination described in subparagraphs 
     (A), shall give substantial weight to the recommendation of 
     the Commission.''.

     SEC. 6016. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL 
                   ENTITIES.

       (a) Recovery of Damages.--Any person claiming to be damaged 
     by any digital platform subject to this division may--
       (1) make complaint to the Commission under subsection (b); 
     or
       (2) bring a civil action for enforcement of this division, 
     including the rules promulgated under this division, in any 
     district court of the United States of competent 
     jurisdiction.
       (b) Complaints to the Commission.--
       (1) In general.--
       (A) Application.--Any person, any body politic or municipal 
     organization, or any State attorney general or State 
     commission, complaining of anything done or omitted to be 
     done by any digital platform subject to this division, in 
     contravention of the provisions thereof, may apply to the 
     Commission by petition which shall briefly state the facts, 
     whereupon a statement of the complaint thus made shall be 
     forwarded by the Commission to the digital platform, which 
     shall be called upon to satisfy the complaint or to answer 
     the complaint in writing within a reasonable time to be 
     specified by the Commission.
       (B) Relief of liability.--If a digital platform described 
     in subparagraph (A) within the time specified makes 
     reparation for the injury alleged to have been caused, the 
     platform shall be relieved of liability to the complainant 
     only for the particular violation of law thus complained of.
       (C) Investigation.--If a digital platform described in 
     subparagraph (A) does not satisfy the complaint within the 
     time specified or there shall appear to be any reasonable 
     ground for investigating the complaint, the Commission shall 
     investigate the matters complained of in such manner and by 
     such means as the Commission determines proper.
       (D) Direct damage not required.--No complaint shall at any 
     time be dismissed because of the absence of direct damage to 
     the complainant.
       (2) Order.--
       (A) In general.--The Commission shall, with respect to any 
     investigation under this subsection of the lawfulness of a 
     charge, classification, regulation, or practice, issue an 
     order concluding the investigation not later than 180 days 
     after the date on which the complaint was filed.
       (B) Final order.--Any order concluding an investigation 
     under subparagraph (A) shall be a final order and may be 
     appealed under section 6018.
       (3) Orders for payment of money.--If, after hearing on a 
     complaint under this paragraph, the Commission determines 
     that any party complainant is entitled to an award of damages 
     under this division, the Commission shall make an order 
     directing the digital platform to pay to the complainant the 
     sum to which the complainant is entitled on or before a day 
     named.
       (c) Enforcement by State Attorneys General.--If the 
     attorney general of a State has reason to believe that an 
     interest of the residents of the State has been or is 
     threatened or adversely affected by any person who violates 
     this division or a rule promulgated under this division, the 
     attorney general of the State, as parens patrie, may bring a 
     civil action on behalf of the residents of the State in any 
     district court of the United States of competent jurisdiction 
     for enforcement of this division, including the rules 
     promulgated under this division.
       (d) Liability of Digital Platform for Acts and Omissions of 
     Agents.--In construing and enforcing the provisions of this 
     division, the act, omission, or failure of any officer, 
     agent, or other person acting for or employed by any digital 
     platform or user, acting within the scope of his employment, 
     shall in every case be also deemed to be the act, omission, 
     or failure of the platform or user as well as that of the 
     person.

     SEC. 6017. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF 
                   JUSTICE.

       (a) Orders.--
       (1) Administrative order.--If the Commission believes that 
     a person has violated or will violate this division, the 
     Commission may issue and cause to be served on the person an 
     order requiring the person, as applicable--
       (A) to cease and desist, or refrain, from the violation; or
       (B) to pay restitution to any victim of the violation.
       (2) Civil action to enforce order.--The Commission or the 
     Attorney General may bring a civil action in an appropriate 
     district court of the United States to enforce an order 
     issued under paragraph (1).
       (b) Civil Penalty.--
       (1) In general.--Any digital platform that knowingly 
     violates this division shall be liable to the United States 
     for a civil penalty.
       (2) Separate offenses.--Each distinct violation described 
     in paragraph (1) shall be a separate offense, and in case of 
     continuing violation each day shall be deemed a separate 
     offense.
       (3) Deterrence.--The Commission shall establish a civil 
     penalty for a violation of this division in an amount that 
     the Commission determines appropriate to deter future 
     violations of this division.
       (4) Annual cap.--The total amount of civil penalties 
     imposed on a digital platform during a year under paragraph 
     (1) may not exceed 15 percent of the total global revenue of 
     the digital platform during the preceding year.

     SEC. 6018. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR 
                   SUSPEND ORDERS OF THE COMMISSION.

       (a) Right To Appeal.--An appeal may be taken from any 
     decision or order of the Commission, by any person who is 
     aggrieved or whose interests are adversely affected by the 
     decision or order, to the United States Court of Appeals for 
     the District of Columbia or the United States court of 
     appeals for the circuit in which the person resides.
       (b) Filing Notice of Appeal; Contents; Jurisdiction; 
     Temporary Orders.--
       (1) Filing notice of appeal.--An appeal described in 
     subsection (a) shall be taken by filing a notice of appeal 
     with the appropriate United States court of appeals not later 
     than 30 days after the date on which public notice is given 
     of the decision or order complained of.
       (2) Contents.--A notice of appeal filed under paragraph (1) 
     shall contain--
       (A) a concise statement of the nature of the proceedings as 
     to which the appeal is taken;
       (B) a concise statement of the reasons on which the 
     appellant intends to rely, separately stated and numbered; 
     and
       (C) proof of service of a true copy of the notice and 
     statements upon the Commission.
       (3) Jurisdiction.--Upon the filing of a notice of appeal 
     with a United States court of appeals under paragraph (1), 
     the court--
       (A) shall have jurisdiction of the proceedings and of the 
     questions determined therein; and
       (B) shall have power, by order, directed to the Commission 
     or any other party to the appeal, to grant such temporary 
     relief as the court may deem just and proper.
       (4) Temporary orders.--An order granting temporary relief 
     issued by the court under paragraph (3)--
       (A) may be affirmative or negative in scope and application 
     so as to permit--
       (i) the maintenance of the status quo in the matter in 
     which the appeal is taken; or
       (ii) the restoration of a position or status terminated or 
     adversely affected by the order appealed from; and
       (B) shall, unless otherwise ordered by the court, be 
     effective pending hearing and determination of the appeal and 
     compliance by the Commission with the final judgment of the 
     court rendered in the appeal.
       (c) Notice to Interested Parties; Filing of Record.--
       (1) Notice to interested parties.--Not later than 5 days 
     after filing a notice of appeal under subsection (b), the 
     appellant shall provide, to each person shown by the records 
     of the Commission to be interested in the appeal, notice of--
       (A) the filing; and
       (B) the pendency of the appeal.
       (2) Filing of record.--The Commission shall file with the 
     court the record upon which the order complained of was 
     entered, as provided in section 2112 of title 28, United 
     States Code.
       (d) Intervention.--
       (1) Right to intervene.--Not later than 30 days after the 
     filing of an appeal described in subsection (a), any 
     interested party may intervene and participate in the 
     proceedings had upon the appeal by filing with the court--
       (A) a notice of intention to intervene and a verified 
     statement showing the nature of the interest of the person; 
     and
       (B) proof of service of true copies of the notice and 
     statement described in subparagraph (A) upon--
       (i) the appellant; and
       (ii) the Commission.
       (2) Interested party.--For purposes of paragraph (1), any 
     person who would be aggrieved or whose interest would be 
     adversely affected by a reversal or modification of the order 
     of the Commission complained of shall be considered an 
     interested party.
       (e) Record and Briefs.--The record and briefs upon which an 
     appeal described in subsection (a) shall be heard and 
     determined by the court shall contain such information and 
     material, and shall be prepared within such time and in such 
     manner, as the court may by rule prescribe.
       (f) Time of Hearing; Procedure.--The court shall hear and 
     determine an appeal described in subsection (a) upon the 
     record before it in the manner prescribed by section 706 of 
     title 5, United States Code.
       (g) Remand.--If the court renders a decision and enters an 
     order reversing the order of the Commission--
       (1) the court shall remand the case to the Commission to 
     carry out the judgment of the court; and
       (2) the Commission, in the absence of proceedings to review 
     the judgment under paragraph (1) or (2) of subsection (i), 
     shall forthwith give effect to the judgment, and unless 
     otherwise ordered by the court, shall do so upon the basis 
     of--
       (A) the proceedings already had; and
       (B) the record upon which the appeal was heard and 
     determined.

[[Page S2508]]

       (h) Judgment for Costs.--The court may, in its discretion, 
     enter judgment for costs in favor of or against an appellant, 
     or other interested parties intervening in the appeal, but 
     not against the Commission, depending upon the nature of the 
     issues involved in the appeal and the outcome of the appeal.
       (i) Finality of Decision; Review by Supreme Court.--The 
     judgment of a court of appeals under this section shall be 
     final, subject to review by the Supreme Court of the United 
     States--
       (1) upon writ of certiorari on petition therefor under 
     section 1254 of title 28, United States Code, by--
       (A) the appellant;
       (B) the Commission; or
       (C) any interested party intervening in the appeal; or
       (2) by certification by the court of appeals under such 
     section 1254.

     SEC. 6019. REPORT TO CONGRESS.

       (a) In General.--Not earlier than 5 years after the date of 
     enactment of this Act, the President shall establish an 
     independent panel to--
       (1) comprehensively study the policies, operations, and 
     regulations of the Commission; and
       (2) submit an in-depth report to the congressional 
     committees of jurisdiction, including the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives, that includes--
       (A) an evaluation of the effectiveness of the Commission in 
     achieving the purposes under section 6004(b);
       (B) recommended reforms to strengthen the Commission; and
       (C) a recommendation regarding whether the Commission 
     should continue in effect.
       (b) Membership.--The independent panel established under 
     subsection (a) shall consist of 10 members, of whom--
       (1) 2 shall be appointed by the President;
       (2) 2 shall be appointed by the majority leader of the 
     Senate;
       (3) 2 shall be appointed by the minority leader of the 
     Senate;
       (4) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (5) 2 shall be appointed by the minority leader of the 
     House of Representatives.

     SEC. 6020. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out the functions of the Commission--
       (1) $100,000,000 for fiscal year 2023;
       (2) $200,000,000 for fiscal year 2024;
       (3) $300,000,000 for fiscal year 2025;
       (4) $450,000,000 for fiscal year 2026; and
       (5) $500,000,000 for each of fiscal years 2027 through 
     2032.
                                 ______
                                 
  SA 299. Mrs. MURRAY (for herself and Mr. Boozman) 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 VII, insert the 
     following:

                Subtitle ___--Helping Heroes Act of 2023

     SEC. ___. SHORT TITLE.

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

     SEC. ___. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Veterans Affairs.
       (2) Disabled veteran.--The term ``disabled veteran'' has 
     the meaning given that term in section 4211 of title 38, 
     United States Code.
       (3) Eligible child.--The term ``eligible child'', with 
     respect to an eligible veteran, means an individual who--
       (A) is a ward, child (including stepchild), grandchild, or 
     sibling (including stepsibling or halfsibling) of the 
     eligible veteran; and
       (B) is less than 18 years of age.
       (4) Eligible veteran.--The term ``eligible veteran'' means 
     a disabled veteran who has a service-connected disability 
     rated at 70 percent or more.
       (5) Family coordinator.--The term ``Family Coordinator'' 
     means an individual placed at a medical center of the 
     Department pursuant to [section ___3].
       (6) Family support program.--The term ``Family Support 
     Program'' means the program established under [section ___4].
       (7) Non-department provider.--The term ``non-Department 
     provider'' means a public or non-profit entity that is not an 
     entity of the Department.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.
       (9) Supportive services.--The term ``supportive services'' 
     means services that address the social, emotional, and mental 
     health, career-readiness, and other needs of eligible 
     children, including--
       (A) wellness services, including mental, emotional, 
     behavioral, and physical health and nutritional counseling 
     and assistance;
       (B) peer-support programs for children;
       (C) assistance completing college admission and financial 
     aid applications, including the Free Application for Federal 
     Student Aid described in section 483(a) of the Higher 
     Education Act (20 U.S.C. 1090), and accessing veterans' 
     education benefits as defined under section 480(c)(2) of such 
     Act (20 U.S.C. 1087vv) that eligible children may be eligible 
     to receive;
       (D) assistance with accessing workforce development 
     programs, including programs providing the activities 
     authorized under section 129 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3164), and programs of vocational 
     rehabilitation services, including programs authorized under 
     title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et 
     seq.);
       (E) sports and recreation;
       (F) after-school care and summer learning opportunities;
       (G) dependent care, including home and community-based 
     services;
       (H) other resources for low-income families;
       (I) assistance transitioning from active duty in the Armed 
     Forces to veteran status; and
       (J) any other services or activities the Secretary 
     considers appropriate to support the needs of eligible 
     children.

     SEC. ___. REQUIREMENTS FOR FAMILY COORDINATORS.

       (a) In General.--Not later than three years after the date 
     of the enactment of this Act, the Secretary shall--
       (1) place at each medical center of the Department not 
     fewer than one Family Coordinator; and
       (2) ensure adequate staffing and resources at each such 
     medical center to ensure Family Coordinators are able to 
     carry out their duties.
       (b) Family Coordinators.--
       (1) Employment.--Each Family Coordinator placed at a 
     medical center of the Department under subsection (a) shall 
     be employed full-time by the Department as a Family 
     Coordinator and shall have no other duties in addition to the 
     duties of a Family Coordinator.
       (2) Qualifications.--
       (A) In general.--To qualify to be a Family Coordinator 
     under subsection (a), an individual shall--
       (i) be a social worker licensed, registered, or certified 
     in accordance with the requirements of any State; and
       (ii) have a graduate degree in social work or a related 
     field.
       (B) Waiver.--The Secretary may waive the qualifications 
     required by subparagraph (A) to permit individuals in other 
     professions to serve as Family Coordinators.
       (3) Duties.--Each Family Coordinator shall--
       (A) assess the needs of the families of veterans using 
     evidence-based strategies;
       (B) build positive relationships with such families;
       (C) refer veterans to local, State, and Federal resources 
     that support veterans and their families;
       (D) develop and maintain a list of--
       (i) supportive services offered by the medical center at 
     which the Family Coordinator is placed; and
       (ii) supportive services offered at reduced or no cost by 
     non-Department providers located in the catchment area of 
     such medical center; and
       (E) develop and maintain on an internet website a list of 
     family resources that shall be made available for all 
     veterans in the catchment area of such medical center who are 
     enrolled in the patient enrollment system of the Department 
     established and operated under section 1705(a) of title 38, 
     United States Code.

     SEC. ___. ESTABLISHMENT OF FAMILY SUPPORT PROGRAM.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall establish a 
     program to be known as the Family Support Program to provide 
     and coordinate the provision of supportive services to 
     eligible veterans and eligible children.
       (b) Implementation of Family Support Program.--To carry out 
     the Family Support Program, the Secretary shall--
       (1) provide supportive services through medical centers of 
     the Department;
       (2) collaborate with relevant Federal agencies to provide 
     supportive services;
       (3) provide funding to non-Department providers pursuant to 
     subsection (c); and
       (4) engage in any other activities the Secretary considers 
     appropriate.
       (c) Funding to Non-Department Providers.--
       (1) In general.--The Secretary may enter into contracts and 
     award grants to provide funding to eligible non-Department 
     providers to participate in the Family Support Program.
       (2) Eligibility.--
       (A) In general.--The Secretary shall establish and make 
     publicly available the criteria for a non-Department provider 
     to be eligible to participate in the Family Support Program.
       (B) Criteria.--The criteria required by subparagraph (A) 
     shall include requirements for a non-Department provider--
       (i) to provide a description of--

       (I) each supportive service proposed to be provided to 
     eligible children; and
       (II) the demonstrated record of the non-Department provider 
     in providing such supportive service;

       (ii) to demonstrate the ability to serve families of 
     veterans in a manner that is trauma-informed and culturally 
     and linguistically appropriate; and
       (iii) to agree to oversight by the Secretary regarding--

[[Page S2509]]

       (I) the use of funds provided by the Department under this 
     subsection; and
       (II) the quality of supportive services provided.

       (3) Notice.--The Secretary shall promptly provide to 
     eligible non-Department providers selected by the Secretary 
     to participate in the Family Support Program notice of the 
     award of funds under this subsection to ensure such providers 
     have sufficient time to prepare to provide supportive 
     services under the Family Support Program.
       (4) Authorized activities.--Funds provided under this 
     subsection shall be used to provide supportive services.
       (5) Training.--For each non-Department provider selected by 
     the Secretary to participant in the Family Support Program, 
     the Secretary shall offer training and technical assistance 
     regarding the planning, development, and provision of 
     supportive services under the Family Support Program.
       (d) Coordination With Other Department of Veterans Affairs 
     Programs.--The Secretary shall share best practices with and 
     facilitate referrals of eligible veterans and their families, 
     as appropriate, from the Family Support Program to other 
     programs of the Department, such as the program of support 
     services for caregivers of veterans under section 1720G(b) of 
     title 38, United States Code.
       (e) Reporting Requirements.--
       (1) Annual report.--Not later than one year after the date 
     of the commencement of the Family Support Program, and 
     annually thereafter, each non-Department provider in receipt 
     of funds under the Family Support Program shall submit to the 
     Secretary a report describing the supportive services carried 
     out with such funds during the year covered by such report.
       (2) Reports to congress.--
       (A) Report on additional resources.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report on the potential need for 
     additional resources for family members of eligible veterans 
     other than eligible children.
       (B) Report on progress.--
       (i) In general.--Not later than one year after the 
     commencement of the Family Support Program, 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 the progress of the Family 
     Support Program.
       (ii) Contents.--The report required by clause (i) shall 
     include--

       (I) the number of eligible veterans and eligible children 
     who received supportive services under the Family Support 
     Program;
       (II) the demographic data of eligible veterans and family 
     members, including--

       (aa) the relationship to the eligible veteran;
       (bb) age;
       (cc) race;
       (dd) ethnicity;
       (ee) gender;
       (ff) disability; and
       (gg) English proficiency and whether a language other than 
     English is spoken at home;

       (III) a summary of the supportive services carried out 
     under the Family Support Program and the costs to the 
     Department of such supportive services; and
       (IV) an assessment, measured by a survey of participants, 
     of whether participation in the Family Support Program 
     resulted in positive outcomes for eligible veterans and 
     eligible children.

     SEC. ___. OUTREACH ON AVAILABILITY OF SERVICES.

       The Secretary shall conduct an outreach program to ensure 
     eligible veterans who are enrolled in the patient enrollment 
     system of the Department established and operated under 
     section 1705(a) of title 38, United States Code, employees of 
     the Department, and potential State, local, and Federal 
     entities are informed of the Family Support Program and the 
     availability of Family Coordinators.

     SEC. ___. TRANSITION ASSISTANCE.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary shall include information regarding 
     supportive services available for members of the Armed Forces 
     who are being separated from active duty and their families, 
     including mental health and other services for children, in 
     the transition assistance curriculum offered by the 
     Department.

     SEC. ___. SURVEY.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Secretary shall conduct a survey of disabled 
     veterans and their families to identify and better understand 
     the needs of such disabled veterans and their families.
       (b) Content.--The survey required under subsection (a) 
     shall include questions with respect to--
       (1) the types and quality of support disabled veterans 
     receive from the children of such disabled veterans; and
       (2) the unmet needs of such children.

     SEC. ___. NONDISCRIMINATION.

       The following provisions of law shall apply to any program 
     or activity that receives funds provided under this subtitle:
       (1) Title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.).
       (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       (3) Section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794).
       (4) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.) .
       (5) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.).
       (6) Any other applicable Federal civil rights law.

     SEC. ___. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such funds as may be necessary to carry out this subtitle.
                                 ______
                                 
  SA 300. 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 XXXI, insert the 
     following:

     SEC. ___. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL 
                   ILLNESS COMPENSATION PROGRAM ACT OF 2000.

       (a) Short Title.--This section may be cited as the 
     ``Beryllium Testing Fairness Act''.
       (b) Modification of Demonstration of Beryllium 
     Sensitivity.--Section 3621(8)(A) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(8)(A)) is amended--
       (1) by striking ``established by an abnormal'' and 
     inserting the following: ``established by--
       ``(i) an abnormal'';
       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(ii) three borderline beryllium lymphocyte proliferation 
     tests performed on blood cells over a period of 3 years.''.
       (c) Extension of Advisory Board on Toxic Substances and 
     Worker Health.--Section 3687(j) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-16(j)) is amended by striking ``10 years'' and 
     inserting ``15 years''.
                                 ______
                                 
  SA 301. Ms. KLOBUCHAR (for herself and Mr. Tillis) 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. ___. ENTREPRENEURSHIP ASSISTANCE FOR MILITARY SPOUSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Program.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall establish a program within the Small 
     Business Administration, the purpose of which shall be to 
     assist military spouses in forming, operating, and growing 
     small business concerns.
       (2) Extension of existing program.--In lieu of establishing 
     a new program, the Administrator may carry out the purpose 
     described in paragraph (1) through an extension of a program 
     that is in existence, as of the date of enactment of this 
     Act, if that extension is tailored to military spouses and 
     otherwise achieves that purpose and satisfies the 
     requirements of this section.
       (c) Assistance.--The assistance provided by the 
     Administrator under the program described in subsection (b) 
     shall include the following:
       (1) Assistance for military spouses in identifying and 
     understanding the requirements with respect to forming and 
     operating a small business concern.
       (2) Assistance for military spouses in strengthening the 
     expertise and skills necessary for the formation and 
     operation of a small business concern, including the 
     expertise and skills necessary to create a sustainable small 
     business concern throughout the uniquely challenging 
     requirements of life as a military spouse, which arise as a 
     result of--
       (A) military deployments;
       (B) military-related absences from the workforce; or
       (C) multiple permanent changes of duty station or other 
     long-term relocations for military reasons.
       (3) Through military spouse entrepreneurship organizations 
     and business volunteer entities (including by entering into 
     cooperative agreements with those organizations and 
     entities), providing mentorship to military spouses with 
     respect to entrepreneurship.
       (4) Any other assistance that the Administrator determines 
     to be appropriate.
       (d) Survey; Report.--
       (1) Survey.--

[[Page S2510]]

       (A) In general.--The Administrator, in consultation with 
     such nonprofit organizations and other stakeholders 
     determined appropriate by the Administrator, shall conduct a 
     survey at select military installations to identify the 
     barriers to forming, operating, and growing small business 
     concerns that are faced by military spouses as a result of 
     life as a military spouse, including as a result of the 
     conditions described in subparagraphs (A), (B), and (C) of 
     subsection (c)(2).
       (B) Analysis required.--The survey conducted under 
     subparagraph (A) shall include an analysis of the challenges 
     that military spouses face in accessing capital and other 
     critical resources with respect to forming, operating, and 
     growing small business concerns, including the education, 
     mentoring, and training that is required to form, operate, 
     and grow a small business concern.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report containing the results of the survey 
     conducted under paragraph (1).
       (e) Use of Results; Outreach.--In carrying out the program 
     described in subsection (b), the Administrator shall--
       (1) take into consideration the results of the survey 
     conducted under subsection (d)(1); and
       (2) develop an outreach program to ensure that the program 
     becomes well-known.
       (f) Consultation Permitted.--In carrying out this section, 
     the Administrator may consult with the Secretary of Defense, 
     as determined necessary by the Administrator.
                                 ______
                                 
  SA 302. Ms. KLOBUCHAR (for herself and Mr. Barrasso) 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 subtitle D of title X, insert 
     the following:

     SEC. ____. INVENTORY OF C-130 AIRCRAFT.

       (a) Minimum Inventory Requirement.--Section 146(a)(3)(B) of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2455) is 
     amended by striking ``2023'' and inserting ``2024''.
       (b) Prohibition on Reduction of C-130 Aircraft Assigned to 
     National Guard.--Section 146(b)(1) of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023 
     (Public Law 117-263; 136 Stat. 2455) is amended by striking 
     ``fiscal year 2023'' and inserting ``fiscal years 2023 and 
     2024''.
                                 ______
                                 
  SA 303. Mr. HOEVEN (for himself and Mr. Schatz) 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. __. FEDERAL TUITION ASSISTANCE FOR MEMBERS OF THE AIR 
                   NATIONAL GUARD AND RESERVE.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of the Air Force stated in March 2023 
     that the Air Force expects to miss its recruiting goals 
     across its active and reserve components.
       (2) The Federal Tuition Assistance (FTA) program in the 
     Army National Guard demonstrates the value of education 
     benefits as a tool for recruitment and retention of 
     personnel.
       (3) In fiscal years 2020 and 2021, Congress provided funds 
     for the Air National Guard to establish a pilot program to 
     provide its members with Federal tuition assistance modeled 
     after the permanent program in the Army National Guard.
       (4) During fiscal year 2021, 974 drill status Air National 
     Guard members received tuition assistance through the Air 
     National Guard pilot program.
       (5) The Air National Guard terminated the pilot program in 
     fiscal year 2022, citing competing budget priorities.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) members of the Air National Guard should have access to 
     the same educational benefits as members of the Army National 
     Guard;
       (2) members of the Guard and Reserve components should have 
     education benefits on par with their active duty 
     counterparts; and
       (3) education benefits are a critical tool for recruiting 
     and retaining outstanding personnel in all service branches 
     and components.
       (c) Program.--The Secretary of the Air Force shall 
     establish and carry out a permanent program to provide 
     Federal tuition assistance to members of the Air National 
     Guard and Reserve.
                                 ______
                                 
  SA 304. 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__. AMENDMENT TO REGULATIONS EXEMPTING ENGINES/
                   EQUIPMENT FOR NATIONAL SECURITY.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall revise the regulations under section 1068.225 of title 
     40, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), to specify that an engine or 
     equipment is exempt under that section without a request 
     described in that section if the engine or equipment--
       (1) is for a marine vessel;
       (2) has a rated horsepower of 60 or less; and
       (3) will be owned by a Federal, State, or local emergency 
     response or public safety agency responsible for domestic 
     response or homeland security activities.
                                 ______
                                 
  SA 305. 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 G of title X, add the following:

     SEC. 10___. RELOCATION OF MEMORIAL HONORING THE 9 AIR FORCE 
                   CREW MEMBERS WHO LOST THEIR LIVES IN AN 
                   AIRPLANE CRASH DURING A TRAINING MISSION ON 
                   AUGUST 31, 1982.

       (a) In General.--With the consent of the owner of the 
     private land adjacent to the Cherohala Skyway in the State of 
     North Carolina on which there is located a memorial honoring 
     the 9 members of the Air Force crew of the C-141B transport 
     plane that crashed during a training mission over the 
     Cherokee and Nantahala National Forests on August 31, 1982 
     (referred to in this section as the ``memorial''), and 
     subject to subsections (b) through (e), the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'') may authorize, by special use authorization, 
     the installation and any maintenance associated with the 
     installation of the memorial at an appropriate site at the 
     Stratton Ridge rest area located at mile marker 2 on the 
     Cherohala Skyway in Graham County, North Carolina, in the 
     Nantahala National Forest.
       (b) Site Approval.--The site at which the memorial is 
     installed under subsection (a) is subject to approval by the 
     Secretary, in concurrence with--
       (1) the North Carolina Department of Transportation; and
       (2) in a case in which the site is located adjacent to a 
     Federal-aid highway, the Administrator of the Federal Highway 
     Administration.
       (c) Funding.--No Federal funds may be used to relocate, 
     install, or maintain the memorial under subsection (a).
       (d) Costs.--The individual or entity requesting the 
     installation of the memorial on National Forest System land 
     under subsection (a) shall be responsible for the costs 
     associated with the use of National Forest System land for 
     the memorial, including the costs of--
       (1) processing the application for the relocation;
       (2) issuing a special use authorization for the memorial, 
     including the costs associated with any related environmental 
     analysis; and
       (3) relocating, installing, and maintaining the memorial.
       (e) Terms and Conditions.--The special use authorization 
     for the installation of the memorial under subsection (a) may 
     include any terms and conditions that are determined to be 
     appropriate by the Secretary, including a provision 
     preventing any enlargement or expansion of the memorial.
                                 ______
                                 
  SA 306. 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 G of title X, add the following:

     SEC. 10____. DESIGNATION OF CERTAIN CREEKS, NORTH CAROLINA.

       (a) Designation of Noah Styron Creek.--
       (1) In general.--The creek located at latitude 3459'49.33" 
     N, longitude 768'42.11" W, shall be known and designated as 
     ``Noah Styron Creek''.

[[Page S2511]]

       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Noah Styron Creek''.
       (b) Designation of Hunter Parks Creek.--
       (1) In general.--The creek located at latitude 3457'52.85" 
     N, longitude 7611'11.25" W, shall be known and designated as 
     ``Hunter Parks Creek''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Hunter Parks Creek''.
       (c) Designation of Kole McInnis Creek.--
       (1) In general.--The creek located at latitude 3457'46.30" 
     N, longitude 7611'18.18" W, shall be known and designated as 
     ``Kole McInnis Creek''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Kole McInnis Creek''.
       (d) Designation of Stephanie Fulcher Creek.--
       (1) In general.--The creek located at latitude 3457'38.08" 
     N, longitude 7611'31.18" W, shall be known and designated as 
     ``Stephanie Fulcher Creek''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Stephanie Fulcher Creek''.
       (e) Designation of Jacob Taylor Creek.--
       (1) In general.--The creek located at latitude 3452'43.45" 
     N, longitude 7617'41.49" W, shall be known and designated as 
     ``Jacob Taylor Creek''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Jacob Taylor Creek''.
       (f) Designation of Daily Shepherd Creek.--
       (1) In general.--The creek located at latitude 3452'28.26" 
     N, longitude 7617'43.20" W, shall be known and designated as 
     ``Daily Shepherd Creek''.
       (2) References.--Any reference in a law, regulation, map, 
     document, paper, or other record of the United States to the 
     creek described in paragraph (1) shall be deemed to be a 
     reference to ``Daily Shepherd Creek''.
                                 ______
                                 
  SA 307. Mr. TILLIS (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 in subtitle G of title X, insert 
     the following:

     SEC. 10___. INCLUSION OF PHOSPHATE AND POTASH AS CRITICAL 
                   MINERALS.

       (a) In General.--The list of critical minerals published in 
     the notice of the Secretary of the Interior entitled ``2022 
     Final List of Critical Minerals'' (87 Fed. Reg. 10381 
     (February 24, 2022)) shall be deemed to include phosphate and 
     potash.
       (b) Recommendations.--Not later than 90 days after the date 
     of enactment of this section, the Secretary of the Interior 
     shall evaluate current policies related to permitting and 
     leasing of projects to develop the minerals described in 
     subsection (a) and issue recommendations to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives to 
     support domestic production of those minerals.
                                 ______
                                 
  SA 308. Mr. TILLIS (for himself and 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 X, insert the following:

     SEC. __. SENSE OF CONGRESS ON THE IMPORTANCE OF NON-
                   GOVERNMENTAL RECOGNITION OF MILITARY ENLISTEES 
                   TO IMPROVE COMMUNITY SUPPORT FOR MILITARY 
                   RECRUITMENT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) publicly honoring and recognizing the young men and 
     women who upon graduation from high-school enlist to serve in 
     the Armed Forces is a meaningful way to indicate national and 
     local support for those enlistees prior to initial accession 
     training, express gratitude to their families, and enhance 
     the partnerships between military recruiters and high school 
     administrators and guidance counselors;
       (2) the intrinsic value of these community ceremonies 
     should be formally recognized by the Office of the Secretary 
     of Defense and the various military service recruiting 
     commands; and
       (3) to the extent practicable, an appropriate level of 
     joint military service support should be provided at these 
     events, to include general officer and senior enlisted 
     adviser participation, ceremonial unit involvement, musical 
     support, and local recruiter presence.
       (b) Briefing.--Not later than March 23, 2024, the Secretary 
     of Defense shall brief the congressional defense committees 
     on the extent of Department of Defense and military service 
     coordination and support rendered for the recognition events 
     described in subsection (a), which are executed at no cost to 
     the Federal Government under the independent, national 
     direction of the ``Our Community Salutes'' organization, a 
     registered 501(c)(3) organization.
                                 ______
                                 
  SA 309. Mr. JOHNSON 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. ___. REQUIREMENT FOR PROCUREMENT OF DOMESTICALLY 
                   PRODUCED MOLYBDENUM 99.

       (a) In General.--Except as provided in subsection (b), on 
     and after the date of the enactment of this Act, in procuring 
     molybdenum 99 or technetium-99m for use by the Defense Health 
     Agency, the Assistant Secretary of Defense for Health Affairs 
     shall procure only--
       (1) domestically produced molybdenum 99; or
       (2) technetium-99m patient doses derived from domestically 
     produced molybdenum 99.
       (b) Exception.--The Assistant Secretary of Defense for 
     Health Affairs may procure for a particular geographic 
     location from sources that do not comply with the 
     requirements of subsection (a) if the supply of domestically 
     produced molybdenum 99 or technetium-99m patient doses 
     derived from domestically produced molybdenum 99 cannot 
     completely fulfill the needs in that location.
                                 ______
                                 
  SA 310. Mr. JOHNSON (for himself and Mrs. Shaheen) 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. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE 
                   AUTHORIZATION EXCEPTION TO CERTAIN EXPORT 
                   CONTROL LICENSING REQUIREMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) Taiwan has adopted high standards in the field of 
     export controls.
       (2) Taiwan has declared its unilateral adherence to the 
     Missile Technology Control Regime, the Wassenaar Arrangement, 
     the Australia Group, and the Nuclear Suppliers Group.
       (3) At the request of President George W. Bush, section 
     1206 of the Foreign Relations Authorization Act, Fiscal Year 
     2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that 
     Taiwan be treated as if it were designated as a major non-
     NATO ally (as defined in section 644(q) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(q)).
       (b) Eligibility for Strategic Trade Authorization.--The 
     President, consistent with the commitments of the United 
     States under international arrangements, shall take steps so 
     that Taiwan may be treated as if it were included in the list 
     of countries eligible for the strategic trade authorization 
     exception under section 740.20(c)(1) of the Export 
     Administration Regulations to the requirement for a license 
     for the export, re-export, or in-country transfer of an item 
     subject to controls under the Export Administration 
     Regulations.
       (c) Criteria.--Before the President may treat Taiwan as 
     eligible for the exception described in subsection (b), the 
     President shall ensure that Taiwan satisfies any applicable 
     criteria normally required for inclusion in the Country Group 
     A:5 list set forth in Supplement No. 1 to part 740 of the 
     Export Administration Regulations, particularly with respect 
     to alignment of export control policies with such policies of 
     the United States.
       (d) Export Administration Regulations Defined.--In this 
     section, the term ``Export Administration Regulations'' has 
     the meaning given that term in section 1742 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4801).
                                 ______
                                 
  SA 311. Mr. JOHNSON 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,

[[Page S2512]]

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. __. STUDY ON PHARMACEUTICAL INGREDIENTS.

       The Secretary of Health and Human Services shall seek to 
     enter into an agreement with the RAND Corporation under which 
     the RAND Corporation--
       (1) studies--
       (A) the extent to which drug manufacturers use foreign 
     sources for precursor chemicals and active pharmaceutical 
     ingredients for the manufacture of drugs for the United 
     States market; and
       (B) any statutory, regulatory, or other barriers to 
     domestic production of such chemicals and ingredients; and
       (2) submits a report on such study to the Secretary of 
     Health and Human Services.
                                 ______
                                 
  SA 312. Mr. JOHNSON 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. ____. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of Defense, shall submit to 
     Congress an assessment of large power transformers in the 
     United States.
       (b) Requirements.--The assessment required under subsection 
     (a) shall include--
       (1) an identification of the number of large power 
     transformers in the United States as of the date of the 
     assessment;
       (2) a description of the age and condition of the large 
     power transformers identified under paragraph (1);
       (3) an identification of the number of large power 
     transformers identified under paragraph (1) that require 
     replacement or significant repair as of the date of the 
     assessment;
       (4) an estimate of the number of large power transformers 
     that would be required in the United States if there was a 
     need for recovery of the electric grid on a nationwide scale;
       (5) a list of authorities and resources in existence as of 
     the date of the assessment that the Department of Energy or 
     another Federal agency could use to procure large power 
     transformers; and
       (6) recommendations to Congress for any authorization, 
     funding, or other resources necessary to procure the number 
     of large power transformers estimated to be needed under 
     paragraph (4).
                                 ______
                                 
  SA 313. Mr. JOHNSON 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. ___. GOOD ACT.

       (a) Short Title.--This section may be cited as the 
     ``Guidance Out Of Darkness Act'' or the ``GOOD Act''.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (3) Guidance document.--
       (A) Definition.--The term ``guidance document''--
       (i) means an agency statement of general applicability 
     (other than a rule that has the force and effect of law 
     promulgated in accordance with the notice and comment 
     procedures under section 553 of title 5, United States Code) 
     that--

       (I) does not have the force and effect of law; and
       (II) is designated by an agency official as setting forth--

       (aa) a policy on a statutory, regulatory, or technical 
     issue; or
       (bb) an interpretation of a statutory or regulatory issue; 
     and
       (ii) may include--

       (I) a memorandum;
       (II) a notice;
       (III) a bulletin;
       (IV) a directive;
       (V) a news release;
       (VI) a letter;
       (VII) a blog post;
       (VIII) a no-action letter;
       (IX) a speech by an agency official; and
       (X) any combination of the items described in subclauses 
     (I) through (IX).

       (B) Rule of construction.--The term ``guidance document''--
       (i) shall be construed broadly to effectuate the purpose 
     and intent of this Act; and
       (ii) shall not be limited to the items described in 
     subparagraph (A)(ii).
       (c) Publication of Guidance Documents on the Internet.--
       (1) In general.--Subject to subsection (e), on the date on 
     which an agency issues a guidance document, the agency shall 
     publish the guidance document in accordance with the 
     requirements under subsection (d).
       (2) Previously issued guidance documents.--Subject to 
     subsection (e), not later than 180 days after the date of 
     enactment of this Act, each agency shall publish, in 
     accordance with the requirements under subsection (d), any 
     guidance document issued by that agency that is in effect on 
     that date.
       (d) Single Location.--
       (1) In general.--All guidance documents published under 
     paragraphs (1) and (2) of subsection (c) by an agency shall 
     be published in a single location on an internet website 
     designated by the Director under paragraph (4) of this 
     subsection.
       (2) Agency internet websites.--Each agency shall, for 
     guidance documents published by the agency under paragraphs 
     (1) and (2) of subsection (c), publish a hyperlink on the 
     internet website of the agency that provides access to the 
     guidance documents at the location described in subparagraph 
     (A).
       (3) Organization.--
       (A) In general.--The guidance documents described in 
     paragraph (1) shall be--
       (i) categorized as guidance documents; and
       (ii) further divided into subcategories as appropriate.
       (B) Agency internet websites.--The hyperlinks described in 
     paragraph (2) shall be prominently displayed on the internet 
     website of the agency.
       (4) Designation.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall designate an 
     internet website on which guidance documents shall be 
     published under paragraphs (1) and (2) of subsection (c).
       (e) Documents and Information Exempt From Disclosure Under 
     FOIA.--If a guidance document issued by an agency is a 
     document that is exempt from disclosure under section 552(b) 
     of title 5, United States Code (commonly known as the 
     ``Freedom of Information Act''), or contains information that 
     is exempt from disclosure under that section, that document 
     or information, as the case may be, shall not be subject to 
     the requirements under this Act.
       (f) Rescinded Guidance Documents.--On the date on which a 
     guidance document issued by an agency is rescinded, or, in 
     the case of a guidance document that is rescinded pursuant to 
     a court order, not later than the date on which the order is 
     entered, the agency shall, at the location described in 
     subsection (d)(1)--
       (1) maintain the rescinded guidance document; and
       (2) indicate--
       (A) that the guidance document is rescinded;
       (B) if the guidance document was rescinded pursuant to a 
     court order, the case number of the case in which the order 
     was entered; and
       (C) the date on which the guidance document was rescinded.
                                 ______
                                 
  SA 314. Mr. TESTER (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 end of subtitle G of title XII, add the following:

     SEC. 1299L. ASSESSMENT OF AND EXPORT CONTROL DECISIONS WITH 
                   RESPECT TO CERTAIN UNITED STATES-ORIGIN 
                   TECHNOLOGY USED BY FOREIGN ADVERSARIES.

       (a) Assessment Required.--
       (1) In general.--The Director of National Intelligence 
     shall conduct an assessment of technology described in 
     paragraph (2) that could be or is being used by foreign 
     adversaries in foreign espionage programs targeting the 
     United States.
       (2) Technology described.--Technology described in this 
     paragraph is technology of United States origin that is 
     commercially available and not subject to export controls.
       (3) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director shall submit 
     a report on the assessment required by paragraph (1) to--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Financial Services, the 
     Committee on Foreign Affairs, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (b) Consideration of Assessment in Export Control 
     Decisions.--The Secretary of

[[Page S2513]]

     Commerce, the Secretary of State, and the Secretary of the 
     Treasury shall each use the assessment conducted under 
     subsection (a) to inform decisions with respect to listing, 
     de-listing, or changing the control and regulation status of 
     technology for purposes of export controls within their 
     respective jurisdictions.
                                 ______
                                 
  SA 315. Ms. SINEMA (for herself and Mr. Kelly) 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. NOGALES WASTEWATER IMPROVEMENT.

       (a) Amendment to the Act of July 27, 1953.--The first 
     section of the Act of July 27, 1953 (67 Stat. 195, chapter 
     242; 22 U.S.C. 277d-10), is amended by striking the period at 
     the end and inserting ``: Provided further, That the 
     equitable portion of the Nogales sanitation project for the 
     city of Nogales, Arizona, shall be limited to the costs 
     directly associated with the treatment and conveyance of the 
     wastewater of the city and, to the extent practicable, shall 
     not include any costs directly associated with the quality or 
     quantity of wastewater originating in Mexico.''.
       (b) Nogales Sanitation Project.--
       (1) Definitions.--In this subsection:
       (A) City.--The term ``City'' means the City of Nogales, 
     Arizona.
       (B) Commission.--The term ``Commission'' means the United 
     States Section of the International Boundary and Water 
     Commission.
       (C) International outfall interceptor.--The term 
     ``International Outfall Interceptor'' means the pipeline that 
     conveys wastewater from the United States-Mexico border to 
     the Nogales International Wastewater Treatment Plant.
       (D) Nogales international wastewater treatment plant.--The 
     term ``Nogales International Wastewater Treatment Plant'' 
     means the wastewater treatment plant that--
       (i) is operated by the Commission;
       (ii) is located in Rio Rico, Santa Cruz County, Arizona, 
     after manhole 99; and
       (iii) treats sewage and wastewater originating from--

       (I) Nogales, Sonora, Mexico; and
       (II) Nogales, Arizona.

       (2) Ownership and control.--
       (A) In general.--Subject to subparagraph (B) and in 
     accordance with authority under the Act of July 27, 1953 (67 
     Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), on 
     transfer by donation from the City of the current stake of 
     the City in the International Outfall Interceptor to the 
     Commission, the Commission shall enter into such agreements 
     as are necessary to assume full ownership and control over 
     the International Outfall Interceptor.
       (B) Agreements required.--The Commission shall assume full 
     ownership and control over the International Outfall 
     Interceptor under subparagraph (A) after all applicable 
     governing bodies in the State of Arizona, including the City, 
     have--
       (i) signed memoranda of understanding granting to the 
     Commission access to existing easements for a right of entry 
     to the International Outfall Interceptor for the life of the 
     International Outfall Interceptor;
       (ii) entered into an agreement with respect to the flows 
     entering the International Outfall Interceptor that are 
     controlled by the City; and
       (iii) agreed to work in good faith to expeditiously enter 
     into such other agreements as are necessary for the 
     Commission to operate and maintain the International Outfall 
     Interceptor.
       (3) Operations and maintenance.--
       (A) In general.--Beginning on the date on which the 
     Commission assumes full ownership and control of the 
     International Outfall Interceptor under paragraph (2)(A), but 
     subject to paragraph (5), the Commission shall be responsible 
     for the operations and maintenance of the International 
     Outfall Interceptor.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Commission to carry out this 
     paragraph, to remain available until expended--
       (i) $6,500,000 for fiscal year 2025; and
       (ii) not less than $2,500,000 for fiscal year 2026 and each 
     fiscal year thereafter.
       (4) Debris screen.--
       (A) Debris screen required.--
       (i) In general.--The Commission shall construct, operate, 
     and maintain a debris screen at Manhole One of the 
     International Outfall Interceptor for intercepting debris and 
     drug bundles coming to the United States from Nogales, 
     Sonora, Mexico.
       (ii) Requirement.--In constructing and operating the debris 
     screen under clause (i), the Commission and the Commissioner 
     of U.S. Customs and Border Protection shall coordinate--

       (I) the removal of drug bundles and other illicit goods 
     caught in the debris screen; and
       (II) other operations at the International Outfall 
     Interceptor that require coordination.

       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to the Commission, to remain available 
     until expended--
       (i) for fiscal year 2025--

       (I) $8,000,000 for construction of the debris screen 
     described in subparagraph (A)(i); and
       (II) not less than $1,000,000 for the operations and 
     maintenance of the debris screen described in subparagraph 
     (A)(i); and

       (ii) not less than $1,000,000 for fiscal year 2026 and each 
     fiscal year thereafter for the operations and maintenance of 
     the debris screen described in subparagraph (A)(i).
       (5) Limitation of claims.--Chapter 171 and section 1346(b) 
     of title 28, United States Code (commonly known as the 
     ``Federal Tort Claims Act''), shall not apply to any claim 
     arising from the activities of the Commission in carrying out 
     this subsection, including any claim arising from damages 
     that result from overflow of the International Outfall 
     Interceptor due to excess inflow to the International Outfall 
     Interceptor originating from Nogales, Sonora, Mexico.
       (c) Effective Date.--This section (including the amendments 
     made by this section) takes effect on October 1, 2024.
                                 ______
                                 
  SA 316. Ms. BALDWIN 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 subtitle G of title X, insert 
     the following:

     SEC. __. MANDATORY ORIGIN AND LOCATION DISCLOSURE FOR NEW 
                   PRODUCTS OF FOREIGN ORIGIN OFFERED FOR SALE ON 
                   THE INTERNET.

       (a) Mandatory Disclosure.--
       (1) In general.--
       (A) Disclosure.--Subject to subparagraph (B), it shall be 
     unlawful for a product that is marked or required to be 
     marked under section 304 of the Tariff Act of 1930 (19 U.S.C. 
     1304) to be introduced, sold, advertised, or offered for sale 
     in commerce on an internet website unless the internet 
     website description of the product indicates in a conspicuous 
     place--
       (i) the country of origin of the product (or, in the case 
     of a multi-sourced product, the countries of origin), in a 
     manner consistent with the regulations prescribed under such 
     section 304; and
       (ii) the country in which the seller of the product has its 
     principal place of business.
       (B) Exclusions.--
       (i) Agricultural products.--The disclosure requirements 
     under clauses (i) and (ii) of subparagraph (A) shall not 
     apply to--

       (I) a covered commodity (as defined in section 281 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638));
       (II) a meat or meat food product subject to inspection 
     under the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.);
       (III) a poultry or poultry product subject to inspection 
     under the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.); or
       (IV) an egg product subject to regulation under the Egg 
     Products Inspection Act (21 U.S.C. 1031 et seq.).

       (ii) Food and drugs.--The disclosure requirements under 
     clauses (i) and (ii) of subparagraph (A) shall not apply to a 
     food or drug (as those terms are defined in paragraphs (f) 
     and (g), respectively, of section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321) that is subject to the 
     jurisdiction of the Food and Drug Administration.
       (iii) Used or previously owned articles.--The disclosure 
     requirements under clauses (i) and (ii) of subparagraph (A) 
     shall not apply to any used or previously owned article sold 
     by an internet website marketplace or a seller on an internet 
     website marketplace. For the purposes of the preceding 
     sentence, the term ``used or previously owned article'' means 
     an article that was previously sold or offered for sale at 
     retail.
       (iv) Small seller.--The disclosure requirements under 
     clauses (i) and (ii) of subparagraph (A) shall not apply to 
     goods listed by a small seller. For the purposes of the 
     preceding sentence, the term ``small seller'' means a seller 
     with annual sales of less than $20,000 and fewer than 200 
     discrete sales.
       (C) Multi-sourced products.--For purposes of subparagraph 
     (A)(i), a product shall be considered to be a ``multi-sourced 
     product'' if a seller offers for sale a finished product, 
     identical versions of which are produced in multiple 
     countries.
       (2) Certain drug products.--It shall be unlawful for a drug 
     that is not subject to section 503(b)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) to be offered for sale in commerce to 
     consumers on an internet website unless the internet website 
     description of the drug indicates in a conspicuous place the 
     name and place of business of the manufacturer, packer, or 
     distributor that is required to appear on the label of the 
     drug in accordance with section 502(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 352(b)).
       (3) Obligation to provide.--A manufacturer, importer, 
     distributor, seller, supplier, or private labeler seeking to 
     have a product introduced, sold, advertised, or offered for

[[Page S2514]]

     sale in commerce shall provide the information identified 
     clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as 
     applicable, to the relevant retailer.
       (4) Safe harbor.--A retailer or a seller on an internet 
     website marketplace satisfies the disclosure requirements 
     under clauses (i) and (ii) of paragraph (1)(A) or paragraph 
     (2), as applicable, if the disclosure includes the country of 
     origin and seller information provided by a third-party 
     manufacturer, importer, distributor, seller, supplier, or 
     private labeler of the product.
       (b) Enforcement by the Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) shall be treated as a violation of a rule 
     prescribed under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--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) Privileges and immunities.--Any person that violates 
     subsection (a) 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.) as though all 
     applicable terms and provisions of that Act were incorporated 
     and made part of this section.
       (C) Authority preserved.--Nothing in this section may be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Interagency agreement.--Not later than 6 months after 
     the date of enactment of this section, the Commission, the 
     U.S. Customs and Border Protection, and the Department of 
     Agriculture shall--
       (A) enter into a Memorandum of Understanding or other 
     appropriate agreement for the purpose of providing consistent 
     implementation of this section; and
       (B) publish such agreement to provide public guidance.
       (4) Definition of commission.--In this subsection, the term 
     ``Commission'' means the Federal Trade Commission.
       (c) Limitation of Liability.--A retailer or seller is not 
     in violation of subsection (a) if--
       (1) a third-party manufacturer, distributor, seller, 
     supplier, or private labeler provided the retailer or seller 
     with a false or deceptive representation as to the country of 
     origin of a product or its parts or processing; and
       (2) the retailer or seller--
       (A) relied in good faith on that representation; and
       (B) took immediate action to remove any such false or 
     deceptive representations upon notice.
       (d) Authority Preserved.--Nothing in this section may be 
     construed to limit the authority of the Department of 
     Agriculture, the Food and Drug Administration, or U.S. 
     Customs and Border Protection under any other provision of 
     law.
       (e) Effective Date.--This section shall take effect 12 
     months after the date of the publication of the Memorandum of 
     Understanding or agreement under subsection (b)(3).
                                 ______
                                 
  SA 317. Ms. BALDWIN 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. __. INVENT HERE, MAKE HERE.

       (a) Short Title.--This section may be cited as the ``Invent 
     Here, Make Here Act of 2023''.
       (b) Improvement of Commercialization of Federal Research by 
     Domestic Manufacturers.--Section 2 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 272) is amended by 
     adding at the end the following:
       ``(f) Commercialization of Federal Research by Domestic 
     Manufacturers.--In order for the Institute to meet the need 
     described in section 1(a)(1) and most effectively carry out 
     the activities under subsection (c)(1) of this section, the 
     Director shall--
       ``(1) coordinate with the Manufacturing USA Network 
     established under section 34(c)(1) to identify domestic 
     manufacturers that can develop commercial products based on 
     research conducted by Federal agencies;
       ``(2) work with the Administrator of the Small Business 
     Administration to identify domestic investors to support the 
     development of commercial products based on research 
     conducted by Federal agencies; and
       ``(3) coordinate with the Director of the Made in America 
     Office at the Office of Management and Budget to use the 
     procedures described in section 204(c)(2)(A)(i) of title 35, 
     United States Code, to identify appropriate domestic 
     manufacturers and investors to commercialize products based 
     on Federal research and manufacture such products in the 
     United States.''.
       (c) Study and Comprehensive Review of Commercialization of 
     Federal Research by Domestic Manufacturers.--Not later than 
     540 days after the date of enactment of this Act, the 
     Director of the National Institute of Standards and 
     Technology shall--
       (1) complete a study and comprehensive review of the 
     commercialization of Federal research by domestic 
     manufacturers that--
       (A) addresses--
       (i) what barriers currently (as of the date on which the 
     study is completed) exist for domestic manufacturers to 
     commercialize Federal research; and
       (ii) what role investment and the availability of investors 
     plays in the encouragement or discouragement of the 
     commercialization of Federal research by domestic 
     manufacturers; and
       (B) provides recommendations for modifications to the 
     comprehensive strategic plan developed and implemented 
     pursuant to section 107 of the American Innovation and 
     Competitiveness Act (15 U.S.C. 272 note) to ensure that 
     Federal science, engineering, and technology research is 
     being transferred to domestic manufacturers to modernize 
     manufacturing processes in accordance with section 2(b)(1) of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 272(b)(1)); and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report on the findings of the Director with respect to the 
     study and review completed under paragraph (1).
       (d) Preference for United States Industry.--Section 204 of 
     title 35, United States Code, is amended to read as follows:

     ``Sec. 204. Preference for United States industry

       ``(a) Definitions.--In this section:
       ``(1) Country of concern.--The term `country of concern' 
     means a country that--
       ``(A) is a covered nation, as that term is defined in 
     section 4872(d) of title 10; or
       ``(B) the Secretary of Commerce determines is engaged in 
     conduct that is detrimental to the national security of the 
     United States.
       ``(2) Manufactured substantially in the united states.--The 
     term `manufactured substantially in the United States' means 
     manufactured substantially from all articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States.
       ``(3) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Science, Space, and Technology of 
     the House of Representatives.
       ``(b) General Preference.--Notwithstanding any other 
     provision of this chapter, and subject to subsection (c), no 
     small business firm or nonprofit organization which receives 
     title to any subject invention and no assignee of any such 
     small business firm or nonprofit organization shall grant to 
     any person the exclusive right to use or sell any subject 
     invention unless such person agrees that any products 
     embodying the subject invention or produced through the use 
     of the subject invention will be manufactured substantially 
     in the United States.
       ``(c) Waivers.--
       ``(1) In general.--In individual cases, subject to 
     paragraph (2), the requirement for an agreement described in 
     subsection (b) may be waived by the Federal agency under 
     whose funding agreement the applicable subject invention was 
     made upon a showing by the small business firm, nonprofit 
     organization, or assignee that reasonable but unsuccessful 
     efforts have been made to grant licenses on similar terms to 
     potential licensees that would be likely to manufacture 
     substantially in the United States or that under the 
     circumstances domestic manufacture is not commercially 
     feasible.
       ``(2) Conditions on waivers.--
       ``(A) Before grant of waiver.--Before granting a waiver 
     under paragraph (1), a Federal agency shall--
       ``(i) comply with the procedures developed and implemented 
     pursuant to section 70923(b)(2) of the Build America, Buy 
     America Act (subtitle A of title IX of division G of Public 
     Law 117-58); and
       ``(ii) in carrying out clause (i), preserve the 
     confidentiality or trade sensitive nature of information 
     included in the applicable application for a license.
       ``(B) Prohibition on granting certain waivers.--A Federal 
     agency may not grant a waiver under paragraph (1) if, as a 
     result of the waiver, products embodying the applicable 
     subject invention, or produced through the use of the 
     applicable subject invention, will be manufactured 
     substantially in a country of concern.
       ``(3) Annual report to congressional committees.--Not later 
     than 1 year after the date of enactment of the Invent Here, 
     Make Here Act of 2023, and annually thereafter, each Federal 
     agency that, during the preceding year, has received a 
     request for a waiver under this subsection shall submit to 
     the relevant congressional committees a report regarding the 
     decision of the Federal agency to grant or deny each such 
     request.''.
       (e) Amendments to the Directorate for Technology, 
     Innovation, and Partnerships.--Subtitle G of title III of the 
     Research and Development, Competition, and Innovation Act (42 
     U.S.C. 19101 et seq.) is amended--
       (1) in section 10382--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;

[[Page S2515]]

       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) ensure that products developed through research 
     funded by the Directorate will be manufactured in the United 
     States.'';
       (2) in section 10383--
       (A) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``products,'' and inserting ``products that 
     will be manufactured in the United States,'';
       (B) in paragraph (4)(C), by inserting ``producing,'' after 
     ``capable of'';
       (C) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (D) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(8) develop industrial capacity to produce innovations 
     competitively in the United States for the global 
     marketplace.'';
       (3) in section 10384--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) maximizes economic benefits by ensuring that 
     innovations developed from research awards are produced in 
     the United States.'';
       (4) in section 10385--
       (A) in subsection (b)(1), by striking ``and 
     commercialization'' and inserting ``commercialization, and 
     domestic production''; and
       (B) in subsection (c)(2), by striking ``and 
     commercialization'' and inserting ``commercialization, and 
     domestic production'';
       (5) in section 10386(b)(2), by inserting ``with domestic 
     manufacturing operations'' after ``private sector'';
       (6) in section 10389(a), by striking ``and 
     commercialization'' and inserting ``commercialization, and 
     domestic production'';
       (7) in section 10391(a), by striking ``and 
     commercialization'' and inserting ``commercialization, and 
     domestic production''; and
       (8) in section 10394(f)(5), by striking ``and, as 
     appropriate, commercializing'' and inserting ``, 
     commercializing, and producing''.
                                 ______
                                 
  SA 318. Mr. OSSOFF (for himself and 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 XXVIII, insert the 
     following:

     SEC. 28__. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT 
                   READINESS TRAINING CENTERS.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2024 for the Air Force or the Air National Guard 
     may be obligated or expended to close, or prepare to close, 
     any combat readiness training center.
       (b) Waiver.--The Secretary of the Air Force may waive the 
     limitation under subsection (a) with respect to a combat 
     readiness training center if the Secretary submits to the 
     congressional defense committees the following:
       (1) A certification that--
       (A) the closure of the center would not be in violation of 
     section 2687 of title 10, United States Code; and
       (B) the support capabilities provided by the center will 
     not be diminished as a result of the closure of the center.
       (2) A report that includes--
       (A) a detailed business case analysis for the closure of 
     the center; and
       (B) an assessment of the effects the closure of the center 
     would have on training units of the Armed Forces, including 
     any active duty units that may use the center.
                                 ______
                                 
  SA 319. Mr. OSSOFF (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 title XXVIII, insert the 
     following:

     SEC. 28__. REQUIREMENTS FOR MILITARY TENANT ADVOCATES FOR 
                   PRIVATIZED MILITARY HOUSING.

       (a) In General.--Subchapter V of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2890 the following new section:

     ``Sec. 2890a. Military tenant advocates

       ``(a) In General.--The Secretary of Defense shall ensure 
     that each installation of the Department of Defense at which 
     military housing under subchapter IV of this chapter is 
     offered has a military tenant advocate employed by the 
     military department concerned.
       ``(b) Training and Certification.--(1) The Secretary shall 
     implement a uniform training and certification program for 
     all individuals serving or selected to serve as a military 
     tenant advocate under subsection (a).
       ``(2) The training and certification program under 
     paragraph (1) shall include, at a minimum, instruction on the 
     following:
       ``(A) The authority of the Secretary to provide military 
     housing under subchapter IV of this chapter.
       ``(B) The role, authority, and responsibility of housing 
     management offices.
       ``(C) The Military Housing Privatization Initiative Tenant 
     Bill of Rights developed under section 2890 of this title.
       ``(D) The dispute resolution process under section 2894 of 
     this title.
       ``(E) The resources available to tenants of military 
     housing under subchapter IV of this chapter to ensure that 
     all such tenants are living in housing that meets the 
     standards described in the Military Housing Privatization 
     Initiative Tenant Bill of Rights.
       ``(F) Relevant national, State, and local housing, 
     disability, and environmental laws.
       ``(c) Outreach.--The Secretary shall conduct public 
     outreach and education at each installation of the Department 
     with a military tenant advocate under subsection (a) to 
     provide members of the armed forces and their families with 
     information on the identity, role, and authority of the 
     military tenant advocate.
       ``(d) Hiring.--When hiring or selecting individuals to 
     serve in the role of military tenant advocate under 
     subsection (a), no preferential consideration shall be given 
     to individuals currently or previously employed by--
       ``(1) a housing management office;
       ``(2) a garrison command; or
       ``(3) a housing provider or manager owning or operating 
     military housing under subchapter IV of this chapter.''.
       (b) Clerical and Conforming Amendments.--
       (1) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2890 the following new item:

``2890a. Military tenant advocates.''.
       (2) Conforming amendments.--
       (A) Rights and responsibilities of tenants.--Section 
     2890(b) of title 10, United States Code, is amended--
       (i) in paragraph (5), by inserting ``under section 2890a of 
     this title'' after ``advocate''; and
       (ii) in paragraph (8), by striking ``, as provided in 
     section 2894(b)(4) of this title,'' and inserting ``under 
     section 2890a of this title''.
       (B) Dispute resolution process.--Section 2894(b)(4) of such 
     title is amended by striking ``military housing advocate 
     employed by the military department concerned'' and inserting 
     ``military tenant advocate under section 2890a of this 
     title''.
                                 ______
                                 
  SA 320. Mr. OSSOFF (for himself and Mr. Moran) 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. ___. REPORT ON MILITARY MENTAL HEALTH CARE REFERRAL 
                   POLICIES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report--
       (1) detailing the mental health care referral policies of 
     the Armed Forces; and
       (2) the impact of removing primary care referral 
     requirements for outpatient mental health care on--
       (A) military readiness;
       (B) the uptake of outpatient mental health care services by 
     members of the Armed Forces; and
       (C) suicide prevention.
       (b) Recommendations.--The report required by subsection (a) 
     shall include recommendations and legislative proposals--
       (1) to improve resources and access for outpatient mental 
     health care services by members of the Armed Forces;
       (2) to encourage the uptake of such services by such 
     members; and
       (3) to maintain military readiness.
                                 ______
                                 
  SA 321. Mr. OSSOFF 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 II of subtitle B of title XXVIII, add 
     the following:

     SEC. 2844. ANNUAL REPORT ON USE OF LANDLORD-TENANT DISPUTE 
                   RESOLUTION PROCESS FOR PRIVATIZED MILITARY 
                   HOUSING.

       (a) In General.--Section 2894 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Annual Report.--(1) Not less frequently than 
     annually, the Secretary of Defense shall publish on a 
     publicly available

[[Page S2516]]

     website of the Department of Defense a report detailing, for 
     each military department and each military installation, the 
     frequency and outcomes associated with the dispute resolution 
     process under this section.
       ``(2) Each report under paragraph (1) shall include, for 
     the one-year period preceding the date of the report, the 
     following:
       ``(A) The number of instances in which the dispute 
     resolution process under this section was initiated.
       ``(B) The outcomes associated with each instance in which 
     the dispute resolution process was used.
       ``(C) The frequency with which non-disclosure agreements, 
     or similar instruments, were used by landlords as a condition 
     of agreement to an outcome under the dispute resolution 
     process.''.
       (b) Initial Publication.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall publish the initial report required under subsection 
     (g) of section 2894 of title 10, United States Code, as added 
     by subsection (a)(2).
                                 ______
                                 
  SA 322. Mr. OSSOFF 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 III, add the following:

     SEC. 316. STUDY AND REPORT ON HEXAVALENT CHROMIUM AND OTHER 
                   HAZARDS AT DEPARTMENT OF DEFENSE INSTALLATIONS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study--
       (1) to evaluate the nature and prevalence of hexavalent 
     chromium, isocyanic acid, hexamethylene ester, and similar 
     hazards at installations of the Department of Defense, 
     particularly those installations associated with equipment 
     and weapons system maintenance and sustainment activities; 
     and
       (2) to assess the efficacy of relevant mitigation measures 
     being undertaken by the Department with respect to such 
     hazards.
       (b) Elements.--The study conducted under subsection (a) 
     shall include an assessment of what and how unmet 
     requirements related to military construction or facilities 
     sustainment, restoration, and modernization impact the 
     nature, prevalence, and mitigation of chemical hazards in 
     activities of the Department.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report on the 
     results of the study conducted under subsection (a).
                                 ______
                                 
  SA 323. Ms. WARREN (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 end, add the following:

  DIVISION F--TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL 
                          POLICIES ACT OF 2023

     SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Truth 
     and Healing Commission on Indian Boarding School Policies Act 
     of 2023''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

  DIVISION F--TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL 
                          POLICIES ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Findings.
Sec. 6003. Purposes.
Sec. 6004. Definitions.

                TITLE LXI--COMMISSION AND SUBCOMMITTEES

  Subtitle A--Truth and Healing Commission on Indian Boarding School 
                     Policies in the United States

Sec. 6101. Truth and Healing Commission on Indian Boarding School 
              Policies in the United States.

                  Subtitle B--Duties of the Commission

Sec. 6111. Duties of the Commission.

          Subtitle C--Survivors Truth and Healing Subcommittee

Sec. 6121. Survivors Truth and Healing Subcommittee.

                    TITLE LXII--ADVISORY COMMITTEES

    Subtitle A--Native American Truth and Healing Advisory Committee

Sec. 6201. Native American Truth and Healing Advisory Committee.

        Subtitle B--Federal Truth and Healing Advisory Committee

Sec. 6211. Federal Truth and Healing Advisory Committee.

                    TITLE LXIII--GENERAL PROVISIONS

Sec. 6301. Clarification.
Sec. 6302. Burial management.
Sec. 6303. Co-stewardship agreements.
Sec. 6304. No right of action.

     SEC. 6002. FINDINGS.

       Congress finds that--
       (1) attempts to destroy Native American cultures, 
     religions, and languages through assimilationist practices 
     and policies can be traced to the early 17th century and the 
     founding charters of some of the oldest educational 
     institutions in the United States;
       (2) in June 2021, and in light of the long history of the 
     assimilationist policies and practices referred to in 
     paragraph (1) and calls for reform from Native peoples, the 
     Secretary of the Interior directed the Department of the 
     Interior to investigate the role of the Federal Government in 
     supporting those policies and practices and the 
     intergenerational impacts of those policies and practices;
       (3) in May 2022, the Department of the Interior published 
     volume 1 of a report entitled ``Federal Indian Boarding 
     School Initiative Investigative Report'' (referred to in this 
     section as the ``Report''), which found that--
       (A) as early as 1819, and until 1969, the Federal 
     Government directly or indirectly supported approximately 408 
     Indian Boarding Schools across 37 States;
       (B) American Indian, Alaska Native, and Native Hawaiian 
     children, as young as 3 years old, were forcibly removed from 
     their homes and sent to Indian Boarding Schools located 
     throughout the United States;
       (C) Indian Boarding Schools used systematic, violent, and 
     militarized identity-altering methods, such as physical, 
     sexual, and psychological abuse and neglect, to attempt to 
     forcibly assimilate Native children and strip them of their 
     languages, cultures, and social connections;
       (D) the violent methods referred to in subparagraph (C) 
     were carried out for the purpose of--
       (i) destroying the cultures, languages, and religions of 
     Native peoples; and
       (ii) dispossessing Native peoples of their ancestral lands;
       (E) many of the children who were taken to Indian Boarding 
     Schools did not survive, and of those who did survive, many 
     never returned to their parents, extended families, or 
     communities;
       (F) many of the children who were taken to Indian Boarding 
     Schools and did not survive were interred in cemeteries and 
     unmarked graves; and
       (G) American Indian, Alaska Native, and Native Hawaiian 
     communities continue to experience intergenerational trauma 
     and cultural and familial disruption from experiences rooted 
     in Indian Boarding Schools Policies, which divided family 
     structures, damaged cultures and individual identities, and 
     inflicted chronic physical and psychological ramifications on 
     American Indian, Alaska Native, and Native Hawaiian children, 
     families, and communities;
       (4) the ethos and rationale for Indian Boarding Schools is 
     infamously expressed in the following quote from the founder 
     of the Carlisle Indian Industrial School, Richard Henry 
     Pratt: ``Kill the Indian in him, and save the man.'';
       (5) the children who perished at Indian Boarding Schools or 
     in neighboring hospitals and other institutions were buried 
     in on-campus and off-campus cemeteries and unmarked graves;
       (6) parents of children who were forcibly removed from or 
     coerced into leaving their homes and placed in Indian 
     Boarding Schools were prohibited from visiting or engaging in 
     correspondence with their children;
       (7) parental resistance to compliance with the harsh, no-
     contact policy of Indian Boarding Schools resulted in parents 
     being incarcerated or losing access to basic human rights, 
     food rations, and clothing; and
       (8) the Federal Government has a responsibility to fully 
     investigate its role in, and the lasting effects of, Indian 
     Boarding School Policies.

     SEC. 6003. PURPOSES.

       The purposes of this division are--
       (1) to establish a Truth and Healing Commission on Indian 
     Boarding School Policies in the United States, including 
     other necessary advisory committees and subcommittees;
       (2) to formally investigate, document, and report on the 
     histories of Indian Boarding Schools, Indian Boarding School 
     Polices, and the systematic and long-term effects of those 
     schools and policies on Native American peoples;
       (3) to develop recommendations for Federal action based on 
     the findings of the Commission; and
       (4) to promote healing for survivors of Indian Boarding 
     Schools, the descendants of those survivors, and the 
     communities of those survivors.

     SEC. 6004. DEFINITIONS.

       In this division:
       (1) Commission.--The term ``Commission'' means the Truth 
     and Healing Commission on Indian Boarding School Policies in 
     the United States established by section 6101(a).
       (2) Federal truth and healing advisory committee.--The term 
     ``Federal Truth and Healing Advisory Committee'' means the 
     Federal Truth and Healing Advisory Committee established by 
     section 6211(a).
       (3) Indian.--The term ``Indian'' has the meaning given the 
     term in section 6151 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7491).

[[Page S2517]]

       (4) Indian boarding school.--The term ``Indian Boarding 
     School'' means--
       (A) a site of an institution that--
       (i) provided on-site housing or overnight lodging;
       (ii) was described in Federal records as providing formal 
     academic or vocational training and instruction to American 
     Indians, Alaska Natives, or Native Hawaiians;
       (iii) received Federal funds or other Federal support; and
       (iv) was operational before 1969;
       (B) a site of an institution identified by the Department 
     of the Interior in appendices A and B of the report entitled 
     ``Federal Indian Boarding School Initiative Investigative 
     Report'' and dated May 2022 (or a successor report); or
       (C) any other institution that implemented Indian Boarding 
     School Policies, including an Indian day school.
       (5) Indian boarding school policies.--The term ``Indian 
     Boarding School Policies'' means Federal laws, policies, and 
     practices purported to ``assimilate'' and ``civilize'' 
     American Indians, Alaska Natives, and Native Hawaiians that 
     included psychological, physical, sexual, and mental abuse, 
     forced removal from home or community, and identity-altering 
     practices intended to terminate Native languages, cultures, 
     religions, social organizations, or connections to 
     traditional land.
       (6) 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).
       (7) Native american.--The term ``Native American'' means an 
     individual who is--
       (A) an Indian; or
       (B) a Native Hawaiian.
       (8) Native american truth and healing advisory committee.--
     The term ``Native American Truth and Healing Advisory 
     Committee'' means the Native American Truth and Healing 
     Advisory Committee established by the Commission under 
     section 6201(a).
       (9) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 6207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       (10) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' means a private nonprofit 
     organization that--
       (A) serves and represents the interests of Native 
     Hawaiians;
       (B) has as its primary and stated purpose the provision of 
     services to Native Hawaiians;
       (C) has Native Hawaiians serving in substantive and 
     policymaking positions; and
       (D) is recognized for having expertise in Native Hawaiian 
     affairs.
       (11) Office of hawaiian affairs.--The term ``Office of 
     Hawaiian Affairs'' has the meaning given the term in section 
     6207 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7517).
       (12) Survivors truth and healing subcommittee.--The term 
     ``Survivors Truth and Healing Subcommittee'' means the 
     Survivors Truth and Healing Subcommittee established by 
     section 6121(a).
       (13) Trauma-informed care.--The term ``trauma-informed 
     care'' means holistic psychological and health care practices 
     that include promoting culturally responsive practices, 
     patient psychological, physical, and emotional safety, and 
     environments of healing, trust, peer support, and recovery.
       (14) 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).

                TITLE LXI--COMMISSION AND SUBCOMMITTEES

  Subtitle A--Truth and Healing Commission on Indian Boarding School 
                     Policies in the United States

     SEC. 6101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING 
                   SCHOOL POLICIES IN THE UNITED STATES.

       (a) Establishment.--There is established a commission, to 
     be known as the ``Truth and Healing Commission on Indian 
     Boarding School Policies in the United States''.
       (b) Membership.--
       (1) Membership.--
       (A) In general.--The Commission shall include 5 members, to 
     be jointly appointed by the majority and minority leaders of 
     the Senate, in consultation with the Chairperson and Vice 
     Chairperson of the Committee on Indian Affairs of the Senate, 
     the Speaker of the House of Representatives, the minority 
     leader of the House of Representatives, and the Chair and 
     Ranking Member of the Committee on Natural Resources of the 
     House of Representatives, from among the nominees submitted 
     under paragraph (2)(A), of whom--
       (i) 1 shall be an individual with extensive experience and 
     expertise as a principal investigator overseeing or leading 
     complex research initiatives with and for Indian Tribes and 
     Native Americans;
       (ii) 1 shall be an individual (barred in good standing) 
     with extensive experience and expertise in the area of 
     indigenous human rights law and policy, including overseeing 
     or leading broad-scale investigations of abuses of indigenous 
     human rights;
       (iii) 1 shall be an individual with extensive experience 
     and expertise in Tribal court judicial and restorative 
     justice systems and Federal agencies, such as participation 
     as a Tribal judge, researcher, or former presidentially 
     appointed commissioner;
       (iv) 1 shall be an individual with extensive experience and 
     expertise in providing and coordinating trauma-informed care 
     and other health-related services to Indian Tribes and Native 
     Americans; and
       (v) 1 shall be a Native American individual recognized as a 
     traditional cultural authority by their respective Native 
     community.
       (B) Additional requirements for membership.--In addition to 
     the requirements described in subparagraph (A), members of 
     the Commission shall be persons of recognized integrity and 
     empathy, with a demonstrated commitment to the values of 
     truth, reconciliation, healing, and expertise in truth and 
     healing endeavors that are traditionally and culturally 
     appropriate so as to provide balanced points of view and 
     expertise with respect to the duties of the Commission.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Commission not later than 90 days after the date of enactment 
     of this Act.
       (B) Native american preference.--Individuals nominated 
     under subparagraph (A) who are Native American shall receive 
     a preference in the selection process for appointment to the 
     Commission under paragraph (1).
       (C) Submission to congress.--Not later than 7 days after 
     the submission deadline for nominations described in 
     subparagraph (A), the Secretary of the Interior shall submit 
     to Congress a list of the individuals nominated under that 
     subparagraph.
       (3) Date.--Members of the Commission under paragraph (1) 
     shall be appointed not later than 180 days after the date of 
     enactment of this Act.
       (4) Period of appointment; vacancies; removal.--
       (A) Period of appointment.--A member of the Commission 
     shall be appointed for a term that is the shorter of--
       (i) 6 years; and
       (ii) the life of the Commission.
       (B) Vacancies.--After all initial members of the Commission 
     are appointed and the initial business meeting of the 
     Commission has been convened under subsection (c)(1), a 
     single vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (C) Removal.--A quorum of members of the Commission may 
     remove a member of the Commission only for neglect of duty or 
     malfeasance.
       (5) Termination.--The Commission shall terminate 30 days 
     after the date on which the Commission completes its duties 
     under section 6111(e)(5)(B).
       (6) Limitation.--No member of the Commission shall be an 
     officer or employee of the Federal Government.
       (c) Business Meetings.--
       (1) Initial business meeting.--90 days after the date on 
     which all of the members of the Commission are appointed 
     under subsection (b)(1)(A), the Commission shall hold the 
     initial business meeting of the Commission--
       (A) to appoint a Chairperson, a Vice Chairperson, a 
     Secretary, and such other positions as determined necessary 
     by the Commission;
       (B) to establish rules for meetings of the Commission; and
       (C) to appoint members of--
       (i) the Survivors Truth and Healing Subcommittee under 
     6121(b)(1); and
       (ii) the Native American Truth and Healing Advisory 
     Committee under section 6201(b)(1).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Commission is held under paragraph 
     (1), the Commission shall meet at the call of the 
     Chairperson.
       (3) Advisory and subcommittee committees designees.--Each 
     Commission business meeting shall include participation by 2 
     non-voting designees from each of the Survivors Truth and 
     Healing Subcommittee, the Native American Truth and Healing 
     Advisory Committee, and the Federal Truth and Healing 
     Advisory Committee, as appointed in accordance with section 
     6121(c)(1)(D), section 6201(e)(1)(C), and section 
     6211(c)(1)(C), as applicable.
       (4) Format of meetings.--A business meeting of the 
     Commission may be conducted in-person, virtually, or via 
     phone.
       (5) Quorum required.--A business meeting of the Commission 
     may only be held once a quorum, established in accordance 
     with subsection (d), is present.
       (d) Quorum.--A simple majority of the members of the 
     Commission present shall constitute a quorum for a business 
     meeting.
       (e) Rules.--The Commission may establish, by a majority 
     vote, any rules for the conduct of Commission business, in 
     accordance with this section and other applicable law.
       (f) Commission Personnel Matters.--
       (1) Compensation of commissioners.--A member of the 
     Commission shall be compensated at a daily equivalent of the 
     annual rate of basic pay prescribed for grade 14 of the 
     General Schedule under section 5332 of title 5, United States 
     Code, for each day, not to exceed 14 days per month, for 
     which a member is engaged in the performance of their duties 
     under this division, including convening meetings, including 
     business

[[Page S2518]]

     meetings or public or private meetings to receive testimony 
     in furtherance of the duties of the Commission and the 
     purposes of this division.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency and at the request of the Commission, may be 
     detailed to the Commission without--
       (A) reimbursement to the agency of that employee; and
       (B) interruption or loss of civil service status, benefits, 
     or privileges.
       (g) Powers of Commission.--
       (1) Hearings and evidence.--The Commission may, for the 
     purpose of carrying out this division--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, and receive such evidence, 
     virtually or in-person, as the Commission may determine 
     necessary to accomplish the purposes of this division;
       (B) conduct or request such interdisciplinary research, 
     investigation, or analysis of such information and documents, 
     records, or other evidence as the Commission may determine 
     necessary to accomplish the purposes of this division, 
     including--
       (i) securing, directly from a Federal agency, such 
     information as the Commission considers necessary to 
     accomplish the purposes of this division; and
       (ii) requesting the head of any relevant Tribal or State 
     agency to provide to the Commission such information as the 
     Commission considers necessary to accomplish the purposes of 
     this division;
       (C) subject to paragraphs (1) and (2) of subsection (i), 
     require, by subpoena or otherwise, the production of such 
     records, papers, correspondence, memoranda, documents, books, 
     videos, oral histories, recordings, or any other paper or 
     electronic material, as the Commission may determine 
     necessary to accomplish the purposes of this division;
       (D) oversee, direct, and collaborate with the Federal Truth 
     and Healing Advisory Committee, the Native American Truth and 
     Healing Advisory Committee, and the Survivors Truth and 
     Healing Subcommittee to accomplish the purposes of this 
     division; and
       (E) coordinate with Federal and non-Federal entities to 
     preserve and archive, as appropriate, any gifts, documents, 
     or other property received while carrying out the purposes of 
     this division.
       (2) Contracting; volunteer services.--
       (A) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, and in 
     accordance with applicable law, enter into contracts and 
     other agreements with public agencies, private organizations, 
     and individuals to enable the Commission to carry out the 
     duties of the Commission under this division.
       (B) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use such voluntary and uncompensated services 
     as the Commission determines to be necessary.
       (C) General services administration.--The Administrator of 
     General Services shall provide, on request of the Commission, 
     on a reimbursable basis, administrative support and other 
     services for the performance of the functions of the 
     Commission under this division.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (4) Gifts, fundraising, and disbursement.--
       (A) Gifts and donations.--
       (i) In general.--The Commission may accept, use, and 
     dispose of any gift, donation, service, property, or other 
     record or recording to accomplish the purposes of this 
     division.
       (ii) Return of gifts and donations.--On termination of the 
     Commission under subsection (b)(5), any gifts, unspent 
     donations, property, or other record or recording accepted by 
     the Commission under clause (i) shall be--

       (I) returned to the applicable donor that made the donation 
     under that clause; or
       (II) archived under subparagraph (E).

       (B) Fundraising.--The Commission may, on the affirmative 
     vote of \3/5\ of the members of the Commission, solicit funds 
     to accomplish the purposes of this division.
       (C) Disbursement.--The Commission may, on the affirmative 
     vote of \3/5\ of the members of the Commission, approve the 
     expenditure of funds to accomplish the purposes of this 
     division.
       (D) Tax documents.--The Commission (or a designee) shall, 
     on request of a donor under subparagraph (A) or (B), provide 
     tax documentation to that donor for any tax-deductible gift 
     made by that donor under those subparagraphs.
       (E) Archiving.--The Commission shall coordinate with the 
     Library of Congress and the National Museum of the American 
     Indian to archive and preserve relevant gifts or donations 
     received under subparagraph (A) or (B).
       (h) Convening.--
       (1) Convening protocol.--
       (A) In general.--Not later than 45 days after the initial 
     business meeting of the Native American Truth and Healing 
     Advisory Committee, the Commission, 3 designees from the 
     Native American Truth and Healing Advisory Committee, and 3 
     designees from the Survivors Truth and Healing Subcommittee 
     shall hold a meeting to establish rules, protocols, and 
     formats for convenings carried out under this subsection.
       (B) Rules and protocols.--Not later than 45 days after the 
     initial meeting described in subparagraph (A), the Commission 
     shall finalize rules, protocols, and formats for convenings 
     carried out under this subsection by a \3/5\ majority in 
     attendance at a meeting of the Commission.
       (C) Additional meetings.--The Commission and designees 
     described in subparagraph (A) may hold additional meetings, 
     as necessary, to amend, by a \3/5\ majority in attendance at 
     a meeting of the Commission, the rules, protocols, and 
     formats for convenings established under that subparagraph.
       (2) Announcement of convenings.--Not later than 30 days 
     before the date of a convening under this subsection, the 
     Commission shall announce the location and details of the 
     convening.
       (3) Minimum number of convenings.--The Commission shall 
     hold--
       (A) not fewer than 1 convening in each of the 12 regions of 
     the Bureau of Indian Affairs and Hawai`i during the life of 
     the Commission; and
       (B) beginning 1 year after the date of enactment of this 
     Act, not fewer than 1 convening per quarter to receive 
     testimony each calendar year until the date on which the 
     Commission submits the final report of the Commission under 
     section 6111(e)(3).
       (4) Opportunity to provide testimony.--No person or entity 
     shall be denied the opportunity to provide relevant testimony 
     at a convenings held under this subsection, subject to the 
     discretion of the Chairperson of the Commission (or a 
     designee).
       (i) Subpoenas.--
       (1) In general.--
       (A) Issuance of subpoenas.--
       (i) In general.--If a person fails to supply information 
     requested by the Commission, the Commission may issue, on a 
     unanimous vote of the Commission, a subpoena requiring from a 
     person the production of any written or recorded evidence 
     necessary to carry out the duties of the Commission under 
     section 6111.
       (ii) Notification.--

       (I) In general.--Not later than 10 days before the date on 
     which the Commission issues a subpoena under clause (i), the 
     Commission shall submit to the Attorney General a 
     confidential, written notice of the intent to issue the 
     subpoena.
       (II) Subpoena prohibited by attorney general.--

       (aa) In general.--The Attorney General, on receiving a 
     notice under subclause (I), may, on a showing of a procedural 
     or substantive defect, and after the Commission has a 
     reasonable opportunity to cure, prohibit the issuance of the 
     applicable subpoena described in that notice.
       (bb) Notification to congress.--On prohibition of the 
     issuance of a subpoena under item (aa), the Attorney General 
     shall submit to Congress a report detailing the reasons for 
     that prohibition.
       (B) Production of evidence.--The production of evidence may 
     be required from any place within the United States.
       (2) Failure to obey a subpoena.--
       (A) Order from a district court of the united states.--If a 
     person does not obey a subpoena issued under paragraph (1), 
     the Commission is authorized to apply to a district court of 
     the United States described in subparagraph (B) for an order 
     requiring that person to comply with the subpoena.
       (B) Location.--An application under subparagraph (A) may be 
     made within the judicial district where the person described 
     in that subparagraph resides or transacts business.
       (C) Penalty.--Any failure to obey an order of a court 
     described in subparagraph (A) may be punished by the court as 
     a civil contempt.
       (3) Subject matter jurisdiction.--The district court of the 
     United States in which an action is brought under paragraph 
     (2)(B) shall have original jurisdiction over any civil action 
     brought by the Commission to enforce, secure a declaratory 
     judgment concerning the validity of, or prevent a threatened 
     refusal or failure to comply with the applicable subpoena 
     issued by the Commission.
       (4) Service of subpoenas.--The subpoenas of the Commission 
     shall be served in the manner provided for subpoenas issued 
     by a district court of the United States under the Federal 
     Rules of Civil Procedure.
       (5) Service of process.--All process of any court to which 
     an application is made under paragraph (2) may be served in 
     the judicial district in which the person required to be 
     served resides or transacts business.
       (j) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Commission.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American

[[Page S2519]]

     Truth and Healing Advisory Committee, the Survivors Truth and 
     Healing Subcommittee, and related agencies shall be exempt 
     from disclosure under subsection (b)(3)(B) of section 552 of 
     title 5, United States Code (commonly known as the ``Freedom 
     of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Commission.
       (k) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Commission under section 6111, the 
     Commission shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commission to carry out this 
     division $15,000,000 for each fiscal year, to remain 
     available until expended.

                  Subtitle B--Duties of the Commission

     SEC. 6111. DUTIES OF THE COMMISSION.

       (a) Investigation.--
       (1) In general.--The Commission shall conduct a 
     comprehensive interdisciplinary investigation of Indian 
     Boarding School Policies, including the social, cultural, 
     economic, emotional, and physical effects of Indian Boarding 
     School Policies in the United States on Native American 
     communities, Indian Tribes, survivors of Indian Boarding 
     Schools, families of those survivors, and their descendants.
       (2) Matters to be investigated.--The matters to be 
     investigated by the Commission under paragraph (1) shall 
     include, at a minimum--
       (A) conducting a comprehensive review of existing research 
     and historical records of Indian Boarding School Policies and 
     any documentation, scholarship, or other resources relevant 
     to the purposes of this division from--
       (i) any archive or any other document storage location, 
     notwithstanding the location of that archive or document 
     storage location; and
       (ii) any research conducted by private individuals, private 
     entities, and non-Federal Government entities, whether 
     domestic or foreign, including religious institutions;
       (B) collaborating with the Federal Truth and Healing 
     Advisory Committee to obtain all relevant information from--
       (i) the Department of the Interior, the Department of 
     Health and Human Services, other relevant Federal agencies, 
     and institutions or organizations, including religious 
     institutions or organizations, that operated an Indian 
     Boarding School, carried out Indian Boarding School Policies, 
     or have information the Commission determines relevant to the 
     investigation of the Commission; and
       (ii) Indian Tribes, Tribal organizations, Native Americans, 
     the Office of Hawaiian Affairs, and Native Hawaiian 
     organizations; and
       (C) conducting a comprehensive assessment of the impacts of 
     Indian Boarding School Policies on American Indian, Alaska 
     Native, and Native Hawaiian cultures, traditions, and 
     languages.
       (3) Research related to objects, artifacts, and real 
     property.--If the Commission conducts a comprehensive review 
     of research described in paragraph (2)(A)(ii) that focuses on 
     objects, artifacts, or real or personal property that are in 
     the possession or control of private individuals, private 
     entities, or non-Federal government entities within the 
     United States, the Commission may enter into a contract or 
     agreement to acquire, hold, curate, or maintain those 
     objects, artifacts, or real or personal property until the 
     objects, artifacts, or real or personal property can be 
     properly repatriated or returned, consistent with applicable 
     Federal law and regulations, subject to the condition that no 
     Federal funds may be used to purchase those objects, 
     artifacts, or real or personal property.
       (b) Meetings and Convenings.--
       (1) In general.--The Commission shall hold, with the advice 
     of the Native American Truth and Healing Advisory Committee 
     and the Survivors Truth and Healing Subcommittee, and in 
     coordination with, as relevant, Indian Tribes, Tribal 
     organizations, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations, as part of its investigation under 
     subsection (a), safe, trauma-informed, and culturally 
     appropriate public or private meetings or convenings to 
     receive testimony relating to that investigation.
       (2) Requirements.--The Commission shall ensure that 
     meetings and convenings held under paragraph (1) provide 
     access to adequate trauma-informed care services for 
     participants, attendees, and communities during and following 
     the meetings and convenings where the Commission receives 
     testimony, including ensuring private space is available for 
     survivors and descendants of survivors, family members, and 
     other community members to receive trauma-informed care 
     services.
       (c) Recommendations.--
       (1) In general.--The Commission shall make recommendations 
     to Congress relating to the investigation carried out under 
     subsection (a), which shall be included in the final report 
     required under subsection (e)(3).
       (2) Inclusions.--Recommendations made under paragraph (1) 
     shall include, at a minimum, recommendations relating to--
       (A) in light of Tribal and Native Hawaiian law, Tribal 
     customary law, tradition, custom, and practice, how the 
     Federal Government can meaningfully acknowledge the role of 
     the Federal Government in supporting Indian Boarding School 
     Policies in all issue areas that the Commission determines 
     relevant, including appropriate forms of memorialization, 
     preservation of records, objects, artifacts, and burials;
       (B) how modification of existing laws, procedures, 
     regulations, policies, budgets, and practices will, in the 
     determination of the Commission, address the findings of the 
     Commission and ongoing effects of Indian Boarding School 
     Policies; and
       (C) how the Federal Government can promote public awareness 
     and education of Indian Boarding School Policies and the 
     impacts of those policies, including through coordinating 
     with the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, the 
     National Museum of the American Indian, and other relevant 
     institutions and organizations.
       (d) Duties Related to Burials.--The Commission shall, with 
     respect to burial sites associated with Indian Boarding 
     Schools--
       (1) coordinate, as appropriate, with the Native American 
     Truth and Healing Advisory Committee, the Federal Truth and 
     Healing Advisory Committee, the Survivors Truth and Healing 
     Subcommittee, lineal descendants, Indian Tribes, the Office 
     of Hawaiian Affairs, Federal agencies, institutions, and 
     organizations to locate and identify, in a culturally 
     appropriate manner, marked and unmarked burial sites, 
     including cemeteries, unmarked graves, and mass burial sites, 
     where students of Indian Boarding Schools were originally or 
     later interred;
       (2) locate, document, analyze, and coordinate the 
     preservation or continued preservation of records and 
     information relating to the interment of students, including 
     any records held by Federal, State, international, or local 
     entities or religious institutions or organizations; and
       (3) share, to the extent practicable, with affected lineal 
     descendants, Indian Tribes, and the Office of Hawaiian 
     Affairs burial locations and the identities of children that 
     attended Indian Boarding Schools.
       (e) Reports.--
       (1) Annual reports to congress.--Not less frequently than 
     annually each year until the year before the year in which 
     the Commission submits the final report under paragraph (3), 
     the Commission shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a report that describes the 
     activities of the Committee during the previous year, 
     including an accounting of funds and gifts received and 
     expenditures made, the progress made, and any barriers 
     encountered in carrying out this division.
       (2) Commission initial report.--Not later than 4 years 
     after the date on which a majority of the members of the 
     Commission are appointed under section 6101(b)(1), the 
     Commission shall submit to the individuals described in 
     paragraph (4), and make publicly available, an initial report 
     containing--
       (A) a detailed review of existing research, including 
     documentation, scholarship, or other resources shared with 
     the Commission that further the purposes of this division;
       (B) a detailed statement of the initial findings and 
     conclusions of the Commission; and
       (C) a detailed statement of the initial recommendations of 
     the Commission.
       (3) Commission final report.--Not later than 6 years after 
     the date on which a majority of the members of the Commission 
     are appointed under section 6101(b)(1), the Commission shall 
     submit to the individuals described in paragraph (4), and 
     make publicly available, a final report containing the 
     findings, conclusions, and recommendations of the Commission 
     that have been agreed on by the vote of a majority of the 
     members of the Commission and \3/5\ of the members of each of 
     the Native American Truth and Healing Advisory Committee and 
     the Survivors Truth and Healing Subcommittee.
       (4) Report recipients.--The individuals referred to in 
     paragraphs (2) and (3) are--
       (A) the President;
       (B) the Secretary of the Interior;
       (C) the Attorney General;
       (D) the Comptroller General of the United States;
       (E) the Secretary of Education;
       (F) the Secretary of Health and Human Services;
       (G) the Secretary of Defense;
       (H) the Chairperson and Vice Chairperson of the Committee 
     on Indian Affairs of the Senate;
       (I) the Chairperson and Ranking Member of the Committee on 
     Natural Resources of the House of Representatives;
       (J) the Chair and Co-Chair of the Congressional Native 
     American Caucus;
       (K) the Executive Director of the White House Council on 
     Native American Affairs;
       (L) the Director of the Office of Management and Budget;
       (M) the Archivist of the United States;
       (N) the Librarian of Congress; and
       (O) the Director of the National Museum of the American 
     Indian.
       (5) Additional commission responsibilities relating to the 
     publication of the initial and final reports.--

[[Page S2520]]

       (A) Events relating to initial report.--
       (i) In general.--The Commission shall hold not fewer than 2 
     events in each region of the Bureau of Indian Affairs and 
     Hawai`i following publication of the initial report under 
     paragraph (2) to receive comments on the initial report.
       (ii) Timing.--The schedule of events referred to in clause 
     (i) shall be announced not later than 90 days after the date 
     on which the initial report under paragraph (2) is published.
       (B) Publication of final report.--Not later than 180 days 
     after the date on which the Commission submits the final 
     report under paragraph (3), the Commission, the Secretary of 
     the Interior, the Secretary of Education, the Secretary of 
     Defense, and the Secretary of Health and Human Services shall 
     each make the final report publicly available on the website 
     of the applicable agency.
       (6) Secretarial response to final report.--Not later than 
     120 days after the date on which the Secretary of the 
     Interior, the Secretary of Education, the Secretary of 
     Defense, and the Secretary of Health and Human Services 
     receive the final report under paragraph (3), the Secretaries 
     shall each make publicly available a written response to 
     recommendations for future action by those agencies, if any, 
     contained in the final report, and submit the written 
     response to--
       (A) the President;
       (B) the Committee on Indian Affairs of the Senate;
       (C) the Committee on Natural Resources of the House of 
     Representatives; and
       (D) the Comptroller General of the United States.

          Subtitle C--Survivors Truth and Healing Subcommittee

     SEC. 6121. SURVIVORS TRUTH AND HEALING SUBCOMMITTEE.

       (a) Establishment.--There is established a subcommittee of 
     the Commission, to be known as the ``Survivors Truth and 
     Healing Subcommittee''.
       (b) Membership, Nomination, and Appointment to the 
     Survivors Truth and Healing Subcommittee.--
       (1) Membership.--The Survivors Truth and Healing 
     Subcommittee shall include 15 members, to be appointed by the 
     Commission, in consultation with the National Native American 
     Boarding School Healing Coalition, from among the nominees 
     submitted under paragraph (2)(A), of whom--
       (A) 13 shall be representatives from each of the 12 regions 
     of the Bureau of Indian Affairs and Hawai`i;
       (B) 9 shall be individuals who attended an Indian Boarding 
     School, of whom--
       (i) not fewer than 2 shall be individuals who graduated 
     during the 5-year period preceding the date of enactment of 
     this Act from--

       (I) an Indian Boarding School in operation as of that date 
     of enactment; or
       (II) a Bureau of Indian Education-funded school; and

       (ii) all shall represent diverse regions of the United 
     States;
       (C) 5 shall be descendants of individuals who attended 
     Indian Boarding Schools, who shall represent diverse regions 
     of the United States; and
       (D) 1 shall be an educator who, as of the date of the 
     appointment--
       (i) is employed at an Indian Boarding School; or
       (ii) was employed at an Indian Boarding School during the 
     5-year period preceding the date of enactment of this Act.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Survivors Truth and Healing Subcommittee not later than 90 
     days after the date of enactment of this Act.
       (B) Submission.--The Secretary of the Interior shall 
     provide the Commission with nominations submitted under 
     subparagraph (A) at the initial business meeting of the 
     Commission under section 6101(c)(1) and the Commission shall 
     select the members of the Survivors Truth and Healing 
     Subcommittee from among those nominees.
       (3) Date.--
       (A) In general.--The Commission shall appoint all members 
     of the Survivors Truth and Healing Subcommittee during the 
     initial business meeting of the Commission under section 
     6101(c)(1).
       (B) Failure to appoint.--If the Commission fails to appoint 
     all members of the Survivors Truth and Healing Subcommittee 
     in accordance with subparagraph (A), the Chair of the 
     Committee on Indian Affairs of the Senate, with the 
     concurrence of the Vice Chair of the Committee on Indian 
     Affairs of the Senate, shall appoint individuals, in 
     accordance with the requirements of paragraph (1), to all 
     vacant positions of the Survivors Truth and Healing 
     Subcommittee not later than 30 days after the date of the 
     initial business meeting of the Commission under section 
     6101(c)(1).
       (4) Period of appointment; vacancies; removal.--
       (A) Period of appointment.--A member of the Survivors Truth 
     and Healing Subcommittee shall be appointed for an 
     automatically renewable term of 2 years.
       (B) Vacancies.--
       (i) In general.--A member of the Survivors Truth and 
     Healing Subcommittee may self-vacate the position at any time 
     and for any reason.
       (ii) Effect; filling of vacancy.--A vacancy in the 
     Survivors Truth and Healing Subcommittee--

       (I) shall not affect the powers of the Survivors Truth and 
     Healing Subcommittee if a simple majority of the positions of 
     the Survivors Truth and Healing Subcommittee are filled; and
       (II) shall be filled within 90 days in the same manner as 
     was the original appointment.

       (C) Removal.--A quorum of members of the Commission may 
     remove a member of the Survivors Truth and Healing 
     Subcommittee only for neglect of duty or malfeasance.
       (5) Termination.--The Survivors Truth and Healing 
     Subcommittee shall terminate 90 days after the date on which 
     the Commission submits the final report required under 
     section 6111(e)(3).
       (6) Limitation.--No member of the Survivors Truth and 
     Healing Subcommittee shall be an officer or employee of the 
     Federal Government.
       (c) Business Meetings.--
       (1) Initial meeting.--Not later 30 days after the date on 
     which all members of the Survivors Truth and Healing 
     Subcommittee are appointed under subsection (b)(1), the 
     Survivors Truth and Healing Subcommittee shall hold an 
     initial business meeting--
       (A) to appoint--
       (i) a Chairperson, who shall also serve as the Vice 
     Chairperson of the Federal Truth and Healing Advisory 
     Committee;
       (ii) a Vice Chairperson, who shall also serve as the Vice 
     Chairperson of the Native American Truth and Healing Advisory 
     Committee; and
       (iii) a Secretary;
       (B) to establish, with the advice of the Commission, rules 
     for the Survivors Truth and Healing Subcommittee;
       (C) to appoint 3 designees to fulfill the responsibilities 
     described in section 6101(h)(1)(A); and
       (D) to appoint, with the advice of the Commission, 2 
     members of the Survivors Truth and Healing Subcommittee to 
     serve as non-voting designees on the Commission in accordance 
     with section 6101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Survivors Truth and Healing 
     subcommittee is held under paragraph (1), the Survivors Truth 
     and Healing Subcommittee shall meet at the call of the 
     Chairperson.
       (3) Format of business meetings.--A business meeting of the 
     Survivors Truth and Healing Subcommittee may be conducted in-
     person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Survivors 
     Truth and Healing Subcommittee may only be held once a 
     quorum, established in accordance with subsection (d), is 
     present.
       (d) Quorum.--A simple majority of the members of the 
     Survivors Truth and Healing Subcommittee present shall 
     constitute a quorum for a business meeting.
       (e) Rules.--The Survivors Truth and Healing Subcommittee, 
     with the advice of the Commission, may establish, by a 
     majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (f) Duties.--The Survivors Truth and Healing Subcommittee 
     shall assist the Commission, the Native American Truth and 
     Healing Advisory Committee, and the Federal Truth and Healing 
     Advisory Committee in coordinating public and private 
     convenings, including--
       (1) providing advice to the Commission on developing 
     criteria and protocols for convenings;
       (2) providing advice and evaluating Committee 
     recommendations relating to the commemoration and public 
     education relating to Indian Boarding Schools and Indian 
     Boarding School Policies; and
       (3) providing such other advice as may be required by the 
     Commission.
       (g) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Survivors Truth and Healing Subcommittee 
     under subsection (f), the Survivors Truth and Healing 
     Subcommittee shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (h) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Survivors Truth and Healing Subcommittee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not

[[Page S2521]]

     apply to the Survivors Truth and Healing Subcommittee.
       (i) Personnel Matters.--
       (1) Compensation of members.--A member of the Survivors 
     Truth and Healing Subcommittee shall be compensated at a 
     daily equivalent of the annual rate of basic pay prescribed 
     for grade 13 of the General Schedule under section 5332 of 
     title 5, United States Code, for each day, not to exceed 14 
     days per month, for which a member of the Survivors Truth and 
     Healing Subcommittee is engaged in the performance of their 
     duties under this division, including the convening of 
     meetings, including public and private meetings to receive 
     testimony in furtherance of the duties of the Survivors Truth 
     and Healing Subcommittee and the purposes of this division.
       (2) Travel expenses.--A member of the Survivors Truth and 
     Healing Subcommittee shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Survivors Truth and Healing Subcommittee.

                    TITLE LXII--ADVISORY COMMITTEES

    Subtitle A--Native American Truth and Healing Advisory Committee

     SEC. 6201. NATIVE AMERICAN TRUTH AND HEALING ADVISORY 
                   COMMITTEE.

       (a) Establishment.--The Commission shall establish an 
     advisory committee, to be known as the ``Native American 
     Truth and Healing Advisory Committee''.
       (b) Membership, Nomination, and Appointment to the Native 
     American Truth and Healing Advisory Committee .--
       (1) Membership.--
       (A) In general.--The Native American Truth and Healing 
     Advisory Committee shall include 19 members, to be appointed 
     by the Commission from among the nominees submitted under 
     paragraph (2)(A), of whom--
       (i) 1 shall be the Vice Chairperson of the Commission, who 
     shall serve as the Chairperson of the Native American Truth 
     and Healing Advisory Committee;
       (ii) 1 shall be the Vice Chairperson of the Survivors Truth 
     and Healing Subcommittee, who shall serve as the Vice 
     Chairperson of the Native American Truth and Healing Advisory 
     Committee;
       (iii) 1 shall be the Secretary of the Interior, or a 
     designee, who shall serve as the Secretary of the Native 
     American Truth and Healing Advisory Committee;
       (iv) 13 shall be representatives from each of the 12 
     regions of the Bureau of Indian Affairs and Hawai`i;
       (v) 1 shall represent the National Native American Boarding 
     School Healing Coalition;
       (vi) 1 shall represent the National Association of Tribal 
     Historic Preservation Officers; and
       (vii) 1 shall represent the National Indian Education 
     Association.
       (B) Additional requirements.--Not fewer than 2 members of 
     the Native American Truth and Healing Advisory Committee 
     shall have experience with health care or mental health, 
     traditional healing or cultural practices, counseling, or 
     working with survivors, or descendants of survivors, of 
     Indian Boarding Schools to ensure that the Commission 
     considers culturally responsive support for survivors, 
     families, and communities.
       (2) Nominations.--
       (A) In general.--Indian Tribes, Tribal organizations, 
     Native Americans, the Office of Hawaiian Affairs, and Native 
     Hawaiian organizations may submit to the Secretary of the 
     Interior nominations for individuals to be appointed to the 
     Native American Truth and Healing Advisory Committee not 
     later than 90 days after the date of enactment of this Act.
       (B) Submission.--The Secretary of the Interior shall 
     provide the Commission with nominations submitted under 
     subparagraph (A) at the initial business meeting of the 
     Commission under section 6101(c)(1) and the Commission shall 
     select the members of the Native American Truth and Healing 
     Advisory Committee from among those nominees.
       (3) Date.--
       (A) In general.--The Commission shall appoint all members 
     of the Native American Truth and Healing Advisory Committee 
     during the initial business meeting of the Commission under 
     section 6101(c)(1).
       (B) Failure to appoint.--If the Commission fails to appoint 
     all members of the Native American Truth and Healing Advisory 
     Committee in accordance with subparagraph (A), the Chair of 
     the Committee on Indian Affairs of the Senate, with the 
     concurrence of the Vice Chair of the Committee on Indian 
     Affairs of the Senate, shall appoint, in accordance with the 
     requirements of paragraph (1), individuals to all vacant 
     positions of the Native American Truth and Healing Advisory 
     Committee not later than 30 days after the date of the 
     initial business meeting of the Commission under section 
     6101(c)(1).
       (4) Period of appointment; vacancies.--
       (A) Period of appointment.--A member of the Native American 
     Truth and Healing Advisory Committee shall be appointed for 
     an automatically renewable term of 2 years.
       (B) Vacancies.--A vacancy in the Native American Truth and 
     Healing Advisory Committee--
       (i) shall not affect the powers of the Native American 
     Truth and Healing Advisory Committee if a simple majority of 
     the positions of the Native American Truth and Healing 
     Advisory Committee are filled; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (5) Termination.--The Native American Truth and Healing 
     Advisory Committee shall terminate 90 days after the date on 
     which the Commission submits the final report required under 
     section 6111(e)(3).
       (6) Limitation.--No member of the Native American Truth and 
     Healing Advisory Committee (other than the member described 
     in paragraph (1)(A)(iii)) shall be an officer or employee of 
     the Federal Government.
       (c) Quorum.--A simple majority of the members of the Native 
     American Truth and Healing Committee shall constitute a 
     quorum.
       (d) Removal.--A quorum of members of the Native American 
     Truth and Healing Committee may remove another member only 
     for neglect of duty or malfeasance.
       (e) Business Meetings.--
       (1) Initial business meeting.--Not later than 30 days after 
     the date on which all members of the Native American Truth 
     and Healing Advisory Committee are appointed under subsection 
     (b)(1)(A), the Native American Truth and Healing Advisory 
     Committee shall hold an initial business meeting--
       (A) to establish rules for the Native American Truth and 
     Healing Advisory Committee;
       (B) to appoint 3 designees to fulfill the responsibilities 
     described in section 6101(h)(1)(A); and
       (C) to appoint 2 members of the Native American Truth and 
     Healing Advisory Committee to serve non-voting as designees 
     on the Commission in accordance with section 6101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Native American Truth and Healing 
     Advisory Committee is held under paragraph (1), the Native 
     American Truth and Healing Advisory Committee shall meet at 
     the call of the Chairperson.
       (3) Format of business meetings.--A meeting of the Native 
     American Truth and Healing Advisory Committee may be 
     conducted in-person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Native 
     American Truth and Healing Advisory Committee may only be 
     held once a quorum, established in accordance with subsection 
     (c), is present.
       (f) Rules.--The Native American Truth and Healing Advisory 
     Committee may establish, with the advice of the Commission, 
     by a majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (g) Duties.--The Native American Truth and Healing Advisory 
     Committee shall--
       (1) serve as an advisory body to the Commission;
       (2) assist the Commission in organizing and carrying out 
     culturally appropriate public and private convenings relating 
     to the duties of the Commission;
       (3) assist the Commission in determining what documentation 
     from Federal and religious organizations and institutions may 
     be necessary to fulfill the duties of the Commission;
       (4) assist the Commission in the production of the initial 
     report and final report required under paragraphs (2) and 
     (3), respectively, of section 6111(e);
       (5) coordinate with the Federal Truth and Healing Advisory 
     Committee and the Survivors Truth and Healing Subcommittee; 
     and
       (6) provide advice to, or fulfill such other requests by, 
     the Commission as the Commission may require to carry out the 
     purposes described in section 6003.
       (h) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Native American Truth and Healing Advisory 
     Committee under subsection (g), the Native American Truth and 
     Healing Advisory Committee shall meaningfully consult or 
     engage, as appropriate, in a timely manner with Native 
     Americans, Indian Tribes, Tribal organizations, the Office of 
     Hawaiian Affairs, and Native Hawaiian organizations.
       (i) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Native American Truth and Healing Advisory Committee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Native American Truth and Healing Advisory Committee.
       (j) Personnel Matters.--
       (1) Compensation of members.--A member of the Native 
     American Truth and Healing Advisory Committee shall be 
     compensated at a daily equivalent of the annual rate of basic 
     pay prescribed for grade 13 of the General Schedule under 
     section 5332 of title 5, United

[[Page S2522]]

     States Code, for each day, not to exceed 14 days per month, 
     for which a member is engaged in the performance of their 
     duties under this division, including the convening of 
     meetings, including public and private meetings to receive 
     testimony in furtherance of the duties of the Native American 
     Truth and Healing Advisory Committee and the purposes of this 
     division.
       (2) Travel expenses.--A member of the Native American Truth 
     and Healing Advisory Committee shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Native American Truth and Healing 
     Advisory Committee.

        Subtitle B--Federal Truth and Healing Advisory Committee

     SEC. 6211. FEDERAL TRUTH AND HEALING ADVISORY COMMITTEE.

       (a) Establishment.--There is established within the 
     Department of the Interior an advisory committee, to be known 
     as the ``Federal Truth and Healing Advisory Committee''.
       (b) Membership and Appointment to the Federal Truth and 
     Healing Advisory Committee.--
       (1) Membership.--The Federal Truth and Healing Advisory 
     Committee shall include 17 members, of whom--
       (A) 1 shall be the Chairperson of the Commission, who shall 
     serve as the Chairperson of the Federal Truth and Healing 
     Advisory Committee;
       (B) 1 shall be the Chairperson of the Survivors Truth and 
     Healing Subcommittee, who shall serve as the Vice Chairperson 
     of the Federal Truth and Healing Advisory Committee;
       (C) 1 shall be the White House Domestic Policy Advisor, who 
     shall serve as the Secretary of the Federal Truth and Healing 
     Advisory Committee;
       (D) 1 shall be the Director of the Bureau of Trust Funds 
     Administration (or a designee);
       (E) 1 shall be the Archivist of the United States (or a 
     designee);
       (F) 1 shall be the Librarian of Congress (or a designee);
       (G) 1 shall be the Director of the Department of the 
     Interior Library (or a designee);
       (H) 1 shall be the Director of the Indian Health Service 
     (or a designee);
       (I) 1 shall be the Assistant Secretary for Mental Health 
     and Substance Abuse of the Department of Health and Human 
     Services (or a designee);
       (J) 1 shall be the Commissioner of the Administration for 
     Native Americans of the Department of Health and Human 
     Services (or a designee);
       (K) 1 shall be the Director of the National Institutes of 
     Health (or a designee);
       (L) 1 shall be the Senior Program Director of the Office of 
     Native Hawaiian Relations of the Department of the Interior 
     (or a designee);
       (M) 1 shall be the Director of the Office of Indian 
     Education of the Department of Education (or a designee);
       (N) 1 shall be the Director of the Rural, Insular, and 
     Native American Achievement Programs of the Department of 
     Education (or a designee);
       (O) 1 shall be the Executive Director of the Advisory 
     Council on Historic Preservation (or a designee);
       (P) 1 shall be the Assistant Secretary of Indian Affairs 
     (or a designee); and
       (Q) 1 shall be the Director of the Bureau of Indian 
     Education (or a designee).
       (2) Period of service; vacancies; removal.--
       (A) Period of service.--A member of the Federal Truth and 
     Healing Advisory Committee shall serve for an automatically 
     renewable term of 2 years.
       (B) Vacancies.--A vacancy in the Federal Truth and Healing 
     Advisory Committee--
       (i) shall not affect the powers of the Federal Truth and 
     Healing Advisory Committee if a simple majority of the 
     positions of the Federal Truth and Healing Advisory Committee 
     are filled; and
       (ii) shall be filled within 90 days in the same manner as 
     was the original appointment.
       (C) Removal.--A quorum of members of the Federal Truth and 
     Healing Advisory Committee may remove a member of the Federal 
     Truth and Healing Advisory Committee only for neglect of duty 
     or malfeasance.
       (3) Termination.--The Federal Truth and Healing Advisory 
     Committee shall terminate 90 days after the date on which the 
     Commission submits the final report required under section 
     6111(e)(3).
       (c) Business Meetings.--
       (1) Initial business meeting.--Not later than 30 days after 
     the date of the initial business meeting of the Commission 
     under section 6101(c)(1), the Federal Truth and Healing 
     Advisory Committee shall hold an initial business meeting--
       (A) to establish rules for the Federal Truth and Healing 
     Advisory Committee; and
       (B) to appoint 2 members of the Federal Truth and Healing 
     Advisory Committee to serve as non-voting designees on the 
     Commission in accordance with section 6101(c)(3).
       (2) Subsequent business meetings.--After the initial 
     business meeting of the Federal Truth and Healing Advisory 
     Committee is held under paragraph (1), the Federal Truth and 
     Healing Advisory Committee shall meet at the call of the 
     Chairperson.
       (3) Format of business meetings.--A business meeting of the 
     Federal Truth and Healing Advisory Committee may be conducted 
     in-person, virtually, or via phone.
       (4) Quorum required.--A business meeting of the Federal 
     Truth and Healing Advisory Committee may only be held once a 
     quorum, established in accordance with subsection (d), is 
     present.
       (d) Quorum.--A simple majority of the members of the 
     Federal Truth and Healing Advisory Committee present shall 
     constitute a quorum for a business meeting.
       (e) Rules.--The Federal Truth and Healing Advisory 
     Committee may establish, with the advice of the Commission, 
     by a majority vote, any rules for the conduct of business, in 
     accordance with this section and other applicable law.
       (f) Duties.--The Federal Truth and Healing Advisory 
     Committee shall--
       (1) ensure the effective and timely coordination between 
     Federal agencies in furtherance of the purposes of this 
     division;
       (2) assist the Commission and the Native American Truth and 
     Healing Advisory Committee in coordinating--
       (A) meetings and other related public and private 
     convenings; and
       (B) the collection, organization, and preservation of 
     information obtained from witnesses and by other Federal 
     agencies; and
       (3) ensure the timely submission to the Commission of 
     materials, documents, testimony, and such other information 
     as the Commission determines to be necessary to carry out the 
     duties of the Commission.
       (g) Consultation or Engagement With Native Americans, 
     Indian Tribes, Tribal Organizations, the Office of Hawaiian 
     Affairs, and Native Hawaiian Organizations.--In carrying out 
     the duties of the Federal Truth and Healing Advisory 
     Committee under subsection (f), the Federal Truth and Healing 
     Advisory Committee shall meaningfully consult or engage, as 
     appropriate, in a timely manner with Native Americans, Indian 
     Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
     and Native Hawaiian organizations.
       (h) Nondisclosure.--
       (1) Privacy act of 1974 applicability.--Subsection (b) of 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974''), shall not apply to the 
     Federal Truth and Healing Advisory Committee.
       (2) Freedom of information act applicability.--Records and 
     other communications provided to, from, between, or within 
     the Commission, the Federal Truth and Healing Advisory 
     Committee, the Native American Truth and Healing Advisory 
     Committee, the Survivors Truth and Healing Subcommittee, and 
     related agencies shall be exempt from disclosure under 
     subsection (b)(3)(B) of section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'').
       (3) Federal advisory committee act applicability.--Chapter 
     10 of title 5, United States Code (commonly known as the 
     ``Federal Advisory Committee Act''), shall not apply to the 
     Federal Truth and Healing Advisory Committee.

                    TITLE LXIII--GENERAL PROVISIONS

     SEC. 6301. CLARIFICATION.

       Any human remains or associated or unassociated funerary 
     objects located on Federal land, on land managed by a Federal 
     agency, or land otherwise curated by a Federal agency and 
     relating to an Indian Boarding School shall be considered 
     collections or holdings over which a Federal agency has 
     possession or control and the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3001 et seq.) 
     shall apply.

     SEC. 6302. BURIAL MANAGEMENT.

       A Federal agency that carries out activities pursuant to 
     this division or that created or controls a cemetery with 
     remains of an individual who attended an Indian Boarding 
     School may rebury the remains of that individual and any 
     associated funerary items that have been repatriated pursuant 
     to section 7 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3005), consistent with Tribal 
     practices, on any Federal land as agreed to by the relevant 
     parties.

     SEC. 6303. CO-STEWARDSHIP AGREEMENTS.

       A Federal agency that carries out activities pursuant to 
     this division or that created or controls a cemetery with 
     remains of an individual who attended an Indian Boarding 
     School or an Indian Boarding School may enter into a co-
     stewardship agreement for the management of the cemetery or 
     Indian Boarding School.

     SEC. 6304. NO RIGHT OF ACTION.

       Nothing in this division creates a private right of action 
     to seek administrative or judicial relief.
                                 ______
                                 
  SA 324. Ms. WARREN (for herself and Mr. Merkley) 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:

[[Page S2523]]

  


     SEC. 594. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT 
                   WOUNDED KNEE CREEK ON DECEMBER 29, 1890.

       (a) Short Title.--This section may be cited as the ``Remove 
     the Stain Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The Medal of Honor is the highest military award of the 
     United States.
       (2) Congress found that to earn the Medal of Honor ``the 
     deed of the person . . . must be so outstanding that it 
     clearly distinguishes his gallantry beyond the call of duty 
     from lesser forms of bravery''.
       (3) The actions of Medal of Honor recipients inspire 
     bravery in those currently serving in the Armed Forces and 
     those who will come to serve in the future.
       (4) Those listed on the Medal of Honor Roll have come to 
     exemplify the best traits of members of the Armed Forces, a 
     long and proud lineage of those who went beyond the call of 
     service to the United States of America.
       (5) To date the Medal of Honor has been awarded only 3,522 
     times, including only 145 times for the Korean War, 126 times 
     in World War I, 23 times during the Global War on Terror, and 
     20 times for the massacre at Wounded Knee.
       (6) The Medal of Honor is awarded in the name of Congress.
       (7) As found in Senate Concurring Resolution 153 of the 
     101st Congress, on December 29, 1890 the 7th Cavalry of the 
     United States engaged a tribal community ``resulting in the 
     tragic death and injury of approximately 350-375 Indian men, 
     women, and children'' led by Lakota Chief Spotted Elk of the 
     Miniconjou band at ``Cankpe' Opi Wakpa'' or ``Wounded Knee 
     Creek''.
       (8) This engagement became known as the ``Wounded Knee 
     Massacre'', and took place between unarmed Native Americans 
     and soldiers, heavily armed with standard issue army rifles 
     as well as four ``Hotchkiss guns'' with five 37 mm barrels 
     capable of firing 43 rounds per minute.
       (9) Nearly two-thirds of the Native Americans killed during 
     the Massacre were unarmed women and children who were 
     participating in a ceremony to restore their traditional 
     homelands prior to the arrival of European settlers.
       (10) Poor tactical emplacement of the soldiers meant that 
     most of the casualties suffered by the United States troops 
     were inflicted by friendly fire.
       (11) On January 1st, 1891, Major General Nelson A. Miles, 
     Commander of the Division of Missouri, telegraphed Major 
     General John M. Schofield, Commander-in-Chief of the Army 
     notifying him that ``[I]t is stated that the disposition of 
     four hundred soldiers and four pieces of artillery was 
     fatally defective and large number of soldiers were killed 
     and wounded by the fire from their own ranks and a very large 
     number of women and children were killed in addition to the 
     Indian men''.
       (12) The United States awarded 20 Medals of Honor to 
     soldiers of the U.S. 7th Cavalry following their 
     participation in the Wounded Knee Massacre.
       (13) In 2001, the Cheyenne River Sioux Tribe, a member 
     Tribe of the Great Sioux Nation, upon information provided by 
     Lakota elders and by veterans, passed Tribal Council 
     Resolution No. 132-01, requesting that the Federal Government 
     revoke the Medals of Honor from the soldiers of the United 
     States Army, 7th Cavalry issued following the massacre of 
     unarmed men, women, children, and elderly of the Great Sioux 
     Nation on December 29, 1890, on Tribal Lands near Wounded 
     Knee Creek.
       (14) The National Congress of American Indians requested in 
     a 2007 Resolution that the Congress ``renounce the issuance 
     of said medals, and/or to proclaim that the medals are null 
     and void, given the atrocities committed upon unarmed men, 
     women, children and elderly of the Great Sioux Nation''.
       (15) General Miles contemporaneously stated that a 
     ``[w]holesale massacre occurred and I have never heard of a 
     more brutal, cold-blooded massacre than that at Wounded 
     Knee''.
       (16) Allowing any Medal of Honor, the United States highest 
     and most prestigious military decoration, to recognize a 
     member of the Armed Forces for distinguished service for 
     participating in the massacre of hundreds of unarmed Native 
     Americans is a disservice to the integrity of the United 
     States and its citizens, and impinges on the integrity of the 
     award and those who have earned the Medal since.
       (c) Rescission of Medals of Honor Awarded for Acts at 
     Wounded Knee Creek on December 29, 1890.--
       (1) In general.--Each Medal of Honor awarded for acts at 
     Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, 
     South Dakota, on December 29, 1890, is rescinded.
       (2) Medal of honor roll.--The Secretary concerned shall 
     remove the name of each individual awarded a Medal of Honor 
     for acts described in paragraph (1) from the Army, Navy, Air 
     Force, and Coast Guard Medal of Honor Roll maintained under 
     section 1134a of title 10, United States Code.
       (3) Return of medal not required.--No person may be 
     required to return to the Federal Government a Medal of Honor 
     rescinded under paragraph (1).
       (4) No denial of benefits.--This section shall not be 
     construed to deny any individual any benefit from the Federal 
     Government.
                                 ______
                                 
  SA 325. Ms. WARREN (for herself, Ms. Collins, Mr. King, Mr. Tester, 
Mr. Hoeven, Mr. Casey, Mr. Van Hollen, Mr. Daines, and Mr. Reed) 
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. __. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS 
                   WHO SERVED IN UNITED STATES CADET NURSE CORPS 
                   DURING WORLD WAR II.

       Section 106 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g)(1)(A) Service as a member of the United States Cadet 
     Nurse Corps during the period beginning on July 1, 1943, and 
     ending on December 31, 1948, of any individual who was 
     honorably discharged therefrom pursuant to subparagraph (B) 
     shall be considered active duty for purposes of eligibility 
     and entitlement to benefits under chapters 23 and 24 of this 
     title (including with respect to headstones and markers), 
     other than such benefits relating to the interment of the 
     individual in Arlington National Cemetery provided solely by 
     reason of such service.
       ``(B)(i) Not later than one year after the date of the 
     enactment of this subsection, the Secretary of Defense shall 
     issue to each individual who served as a member of the United 
     States Cadet Nurse Corps during the period beginning on July 
     1, 1943, and ending on December 31, 1948, a discharge from 
     such service under honorable conditions if the Secretary 
     determines that the nature and duration of the service of the 
     individual so warrants.
       ``(ii) A discharge under clause (i) shall designate the 
     date of discharge. The date of discharge shall be the date, 
     as determined by the Secretary, of the termination of service 
     of the individual concerned as described in that clause.
       ``(2) An individual who receives a discharge under 
     paragraph (1)(B) for service as a member of the United States 
     Cadet Nurse Corps shall be honored as a veteran but shall not 
     be entitled by reason of such service to any benefit under a 
     law administered by the Secretary of Veterans Affairs, except 
     as provided in paragraph (1)(A).
       ``(3) The Secretary of Defense may design and produce a 
     service medal or other commendation, or memorial plaque or 
     grave marker, to honor individuals who receive a discharge 
     under paragraph (1)(B).''.
                                 ______
                                 
  SA 326. Ms. WARREN (for herself, Mr. Warner, Mr. Warnock, Ms. Smith, 
Ms. Cortez Masto, Mr. King, Mr. Durbin, and Mr. Reed) 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 title X, add the following:

      Subtitle __--Digital Asset Sanctions Compliance Enhancement

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Digital Asset Sanctions 
     Compliance Enhancement Act of 2023''.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees and leadership.--
     The term ``appropriate congressional committees and 
     leadership'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the majority and 
     minority leaders of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Speaker, the majority leader, and 
     the minority leader of the House of Representatives.
       (2) Digital asset.--The term ``digital asset'' means any 
     digital representation of value, financial asset or 
     instrument, or claim that is used to make payments or 
     investments, or to transmit or exchange funds or the 
     equivalent thereof, and is issued or represented in digital 
     form through the use of distributed ledger technology.
       (3) Digital asset trading platform.--The term ``digital 
     asset trading platform'' means a person, or group of persons, 
     that operates as an exchange or other trading facility for 
     the purchase, sale, lending, or borrowing of digital assets.
       (4) Digital asset transaction facilitator.--The term 
     ``digital asset transaction facilitator'' means--
       (A) any person, or group of persons, that significantly and 
     materially facilitates the purchase, sale, lending, 
     borrowing, exchange, custody, holding, validation, or 
     creation of digital assets on the account of others, 
     including any communication protocol, decentralized finance 
     technology, smart contract, or other software, including 
     open-source computer code--

[[Page S2524]]

       (i) deployed through the use of distributed ledger or any 
     similar technology; and
       (ii) that provides a mechanism for multiple users to 
     purchase, sell, lend, borrow, or trade digital assets; and
       (B) any person, or group of persons, that the Secretary of 
     the Treasury otherwise determines to be significantly and 
     materially facilitating digital assets transactions in 
     violation of sanctions.
       (5) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (6) 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; or
       (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.

     SEC. __03. IMPOSITION OF SANCTIONS WITH RESPECT TO THE USE OF 
                   DIGITAL ASSETS TO FACILITATE TRANSACTIONS BY 
                   RUSSIAN PERSONS SUBJECT TO SANCTIONS.

       (a) Report Required.--Not later than 90 days after the date 
     of enactment of this Act, and periodically thereafter as 
     necessary, the President shall submit to Congress a report 
     identifying any foreign person that--
       (1) operates a digital asset trading platform or is a 
     digital asset transaction facilitator; and
       (2)(A) has significantly and materially assisted, 
     sponsored, or provided financial, material, or technological 
     support to, or has provided goods or services to or in 
     support of, any person with respect to which sanctions have 
     been imposed by the United States relating to the Russian 
     Federation, including by facilitating transactions that evade 
     such sanctions; or
       (B) is owned or controlled by, or is acting or purporting 
     to act for or on behalf of, any person with respect to which 
     sanctions have been imposed by the United States relating to 
     the Russian Federation.
       (b) Imposition of Sanctions.--The President may exercise 
     all of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in property and interests in property of a 
     foreign person identified in a report submitted under 
     subsection (a) 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.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702, 
     1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section 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) National Security Waiver.--The President may waive the 
     imposition of sanctions under this section with respect to a 
     person if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to Congress a notification of the waiver and 
     the reasons for the waiver.
       (e) Exceptions.--
       (1) Exception for intelligence activities.--This section 
     shall not apply with respect to activities subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subsection (b) shall not include the authority or a 
     requirement to impose sanctions on the importation of goods.
       (B) Good.--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.

     SEC. __04. DISCRETIONARY PROHIBITION OF TRANSACTIONS.

       The Secretary of the Treasury may require that no digital 
     asset trading platform or digital asset transaction 
     facilitator that does business in the United States transact 
     with, or fulfill transactions of, digital asset addresses 
     that are known to be, or could reasonably be known to be, 
     affiliated with persons headquartered or domiciled in the 
     Russian Federation if the Secretary--
       (1) determines that exercising such authority is important 
     to the national interest of the United States; and
       (2) not later than 90 days after the date on which the 
     Secretary exercises the authority described in paragraph (1), 
     submits to the appropriate congressional committees and 
     leadership a report on the basis for any determination under 
     that paragraph.

     SEC. __05. TRANSACTION REPORTING.

       Not later than 120 days after the date of enactment of this 
     Act, the Financial Crimes Enforcement Network of the 
     Department of the Treasury shall require United States 
     persons engaged in a transaction with a value greater than 
     $10,000 in digital assets through 1 or more accounts outside 
     of the United States to file a report described in section 
     1010.350 of title 31, Code of Federal Regulations, or any 
     successor regulation,using the form described in that 
     section, in accordance with section 5314 of title 31, United 
     States Code.

     SEC. __06. REPORTS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to the appropriate congressional committees and 
     leadership a report on the progress of the Department of the 
     Treasury in carrying out this subtitle, including any 
     resources needed by the Department to improve implementation 
     and progress in coordinating with governments of countries 
     that are allies or partners of the United States.
       (b) Other Reports.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of the Treasury shall submit to the appropriate congressional 
     committees and leadership and make publicly available a 
     report identifying the digital asset trading platforms that 
     the Office of Foreign Assets Control of the Department of the 
     Treasury determines to be high risk for sanctions evasion, 
     money laundering, or other illicit activities.
       (2) Petition.--Any exchange included in a report submitted 
     under paragraph (1) may petition the Office of Foreign Assets 
     Control of the Department of the Treasury for removal, which 
     shall be granted upon demonstrating that the exchange is 
     taking steps sufficient to comply with applicable United 
     States law.
                                 ______
                                 
  SA 327. Ms. WARREN 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 VII, insert the 
     following:

     SEC. 7__. COMPTROLLER GENERAL STUDY ON BIOMEDICAL RESEARCH 
                   AND DEVELOPMENT FUNDED BY DEPARTMENT OF 
                   DEFENSE.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the management by the Department of 
     Defense of biomedical research and development funded by the 
     Department, including a review of--
       (1) patents for drugs approved by the Food and Drug 
     Administration that were supported with intramural or 
     extramural funding from the Department;
       (2) requirements of the Department for how grant 
     recipients, contractors, and labs of the Department should 
     disclose support by the Department in patents generated with 
     funding from the Department; and
       (3) the data systems of the Department for cataloging 
     information about patents generated with funding from the 
     Department.
       (b) Briefing.--Not later than March 31, 2024, the 
     Comptroller General shall brief the Committees on Armed 
     Services of the Senate and the House of Representatives on 
     the study conducted under subsection (a).
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 328. Ms. WARREN (for herself, Mr. Grassley, Mr. Lee, and Mr. 
Braun) 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 A of title X, add the following:

     SEC. 1005. REPEAL OF REPORTING REQUIREMENTS RELATED TO 
                   UNFUNDED PRIORITIES.

       Chapter 9 of title 10, United States Code, is amended--
       (1) by repealing section 222a;
       (2) by repealing section 222b; and
       (3) in the table of sections at the beginning of the 
     chapter, by striking the items relating to sections 222a and 
     222b.
                                 ______
                                 
  SA 329. Ms. WARREN (for herself and Ms. Ernst) 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

[[Page S2525]]

other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2__. DISCLOSURE REQUIREMENTS FOR PERSONS PERFORMING 
                   RESEARCH OR DEVELOPMENT PROJECTS FOR DEPARTMENT 
                   OF DEFENSE.

       (a) Research and Development Projects.--Section 4001 of 
     title 10, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(e) Disclosure Requirements.--Whenever issuing a 
     statement, press release, request for proposals, bid 
     solicitation, or other document describing a project or 
     program that is funded in whole or in part with Federal 
     funding, a person performing a research or development 
     project under paragraph (1) or (5) of subsection (b) shall 
     clearly state the following:
       ``(1) The percentage of the total costs of the program or 
     project financed with Federal funding.
       ``(2) The dollar amount of Federal funds obligated for the 
     project or program.
       ``(3) The percentage and dollar amount of the total costs 
     of the project or program that will be financed from 
     nongovernmental sources.''.
       (b) Cooperative Research and Development Agreements Under 
     Stevenson-Wydler Technology Innovation Act of 1980.--Section 
     4026 of such title is amended--
       (1) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(a) Authority.--The Secretary of Defense'';
       (2) in subsection (a), as designated by paragraph (1), in 
     the second sentence, by striking ``Technology may'' and 
     inserting the following:
       ``(b) Technology Transfer.--Technology may''; and
       (3) by adding at the end the following new subsection:
       ``(c) Disclosure Requirements.--Whenever issuing a 
     statement, press release, request for proposals, bid 
     solicitation, or other document describing a project or 
     program that is funded in whole or in part with Federal 
     funding, a person performing a research or development 
     project pursuant to a cooperative research and development 
     agreement entered into under subsection (a) shall clearly 
     state the following:
       ``(1) The percentage of the total costs of the program or 
     project financed with Federal funding.
       ``(2) The dollar amount of Federal funds obligated for the 
     project or program.
       ``(3) The percentage and dollar amount of the total costs 
     of the project or program that will be financed from 
     nongovernmental sources.''.
       (c) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should direct the operating 
     divisions of the Department of Defense to design and 
     implement processes to manage and administer grantees' 
     compliance with the requirements added by this section, 
     including determining to what extent to provide guidance to 
     grantees on calculations.
                                 ______
                                 
  SA 330. Mr. SCHATZ (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 F of title III, insert the 
     following:

     SEC. 359. REQUIREMENT FOR SECRETARY OF DEFENSE TO DEVELOP 
                   PLAN FOR TRANSITION OF JOINT TASK FORCE RED 
                   HILL.

       (a) Plan for Termination Required.--
       (1) In general.--The Secretary of Defense, in consultation, 
     to the maximum extent practicable, with appropriate Federal, 
     State, and local stakeholders, shall develop a plan for the 
     termination of and transition from the Joint Task Force Red 
     Hill.
       (2) Elements.--Under the plan required under paragraph (1), 
     the Secretary shall--
       (A) subject to subsection (c), determine the date on which 
     the Joint Task Force Red Hill (or any successor organization) 
     shall be terminated;
       (B) designate appropriate officials or entities to be 
     responsible for--
       (i) engaging and communicating with communities in 
     proximity to the Red Hill Bulk Fuel Storage Facility 
     following such termination;
       (ii) communicating, in a clear and consistent manner, with 
     the heads of relevant Federal and State agencies and such 
     communities with respect to all operations involving the Red 
     Hill Bulk Fuel Storage Facility; and
       (iii) ensuring the attendance of appropriate experts and 
     public relations professionals at any public meeting or event 
     relating to such operations;
       (C) coordinate and communicate with such communities and 
     the heads of applicable State regulatory authorities with 
     respect to--
       (i) such termination; and
       (ii) the responsibilities designated under subparagraph 
     (B);
       (D) ensure adequate resourcing and personnel to meet 
     continued community engagement requirements and priorities of 
     the Department of Defense; and
       (E) provide for or update any plan relating to the 
     defueling of the Red Hell Bulk Fuel Storage Facility and 
     removal of other potential contaminants stored at such 
     facility following such termination.
       (3) Deadline.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees the plan under 
     paragraph (1).
       (b) Availability of Plan.--The Secretary shall make the 
     plan required under subsection (a)(1) and any supporting 
     documents for such plan available to the public and State and 
     local elected officials.
       (c) Restriction on Termination Authority.--The Secretary of 
     Defense may not terminate the Joint Task Force Red Hill 
     before the date that is 30 days after the date on which the 
     Secretary submits to the congressional defense committees the 
     plan required under subsection (a)(1) and any supporting 
     documents for such plan.
                                 ______
                                 
  SA 331. Mr. SCHATZ (for himself, Mr. Welch, Mr. Padilla, Mr. 
Fetterman, Mr. Kaine, Mr. Wyden, Mr. Kelly, and Mr. Booker) 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--Veterans Medical Marijuana Safe Harbor Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Veterans Medical 
     Marijuana Safe Harbor Act''.

     SEC. 1092. FINDINGS.

       Congress finds the following:
       (1) Chronic pain affects the veteran population, with 
     almost 60 percent of veterans returning from serving in the 
     Armed Forces in the Middle East, and more than 50 percent of 
     older veterans, who are using the health care system of the 
     Department of Veterans Affairs living with some form of 
     chronic pain.
       (2) In 2020, opioids accounted for approximately 75 percent 
     of all drug overdose deaths in the United States.
       (3) Veterans are twice as likely to die from opioid related 
     overdoses than nonveterans.
       (4) States with recreational cannabis laws experienced a 
     7.6 percent reduction in opioid-related emergency department 
     visits during the 180-day period after the implementation of 
     such laws.
       (5) Marijuana and its compounds show promise for pain 
     management and treating a wide-range of diseases and 
     disorders, including post-traumatic stress disorder.
       (6) Medical marijuana in States where it is legal may serve 
     as a less harmful alternative to opioids in treating 
     veterans.

     SEC. 1093. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 
                   MARIJUANA.

       (a) Safe Harbor.--Notwithstanding the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
     and Export Act (21 U.S.C. 951 et seq.), or any other Federal 
     law, it shall not be unlawful for--
       (1) a veteran to use, possess, or transport medical 
     marijuana in a State or on Indian land if the use, 
     possession, or transport is authorized and in accordance with 
     the law of the applicable State or Indian Tribe;
       (2) a physician to discuss with a veteran the use of 
     medical marijuana as a treatment if the physician is in a 
     State or on Indian land where the law of the applicable State 
     or Indian Tribe authorizes the use, possession, distribution, 
     dispensation, administration, delivery, and transport of 
     medical marijuana; or
       (3) a physician to recommend, complete forms for, or 
     register veterans for participation in a treatment program 
     involving medical marijuana that is approved by the law of 
     the applicable State or Indian Tribe.
       (b) Definitions.--In this section:
       (1) Indian land.--The term ``Indian land'' means any of the 
     Indian lands, as that term is defined in section 824(b) of 
     the Indian Health Care Improvement Act (25 U.S.C. 1680n).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (3) Physician.--The term ``physician'' means a physician 
     appointed by the Secretary of Veterans Affairs under section 
     7401(1) of title 38, United States Code.
       (4) State.--The term ``State'' has the meaning given that 
     term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (5) Veteran.--The term ``veteran'' has the meaning given 
     that term in section 101 of title 38, United States Code.
       (c) Sunset.--This section shall cease to have force or 
     effect on the date that is five years after the date of the 
     enactment of this Act.

     SEC. 1094. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.

       (a) Research on Effects of Medical Marijuana on Veterans.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S2526]]

     the Secretary of Veterans Affairs shall support clinical 
     research on the use of medical marijuana--
       (A) by veterans to manage pain; and
       (B) for the treatment of veterans for diseases and 
     disorders such as post-traumatic stress disorder.
       (2) Interagency coordination.--The Secretary shall 
     coordinate and collaborate with other relevant Federal 
     agencies to support and facilitate clinical research under 
     paragraph (1).
       (3) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the ongoing clinical research supported by the 
     Secretary under paragraph (1), which shall include such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate to continue to support 
     the management of pain and the treatment of diseases and 
     disorders of veterans.
       (b) Study on Use by Veterans of State Medical Marijuana 
     Programs.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall conduct a 
     study on the relationship between treatment programs 
     involving medical marijuana that are approved by States, the 
     access of veterans to such programs, and a reduction in 
     opioid use and misuse among veterans.
       (2) Report.--Not later than 180 days after the date on 
     which the study required under paragraph (1) is completed, 
     the Secretary shall submit to Congress a report on the study, 
     which shall include such recommendations for legislative or 
     administrative action as the Secretary considers appropriate.
       (c) Veteran Defined.--In this section, the term ``veteran'' 
     has the meaning given that term in section 101 of title 38, 
     United States Code.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Veterans Affairs such 
     sums as may be necessary to carry out this section.
                                 ______
                                 
  SA 332. Mr. SCHATZ (for himself, Mr. Young, and Mrs. Gillibrand) 
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 section 536, add the following:
       (e) Relief for Impacted Former Members.--
       (1) Review of discharge.--
       (A) In general.--The Secretary of Defense shall review and 
     update existing guidance to ensure that the appropriate 
     discharge board for the military departments concerned shall 
     review a discharge characterization of the covered member as 
     required under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 at the request of a 
     covered member, or their representative, notwithstanding any 
     requirements to provide documentation necessary to initiate a 
     review of a discharge characterization.
       (B) Exception.--The appropriate discharge board for the 
     military departments concerned shall not be required to 
     initiate a request for a review of a discharge as described 
     in paragraph (1) if there is evidence available to the 
     discharge board that is unrelated to the material request of 
     the covered member or the representative of the covered 
     member but that would have reasonably substantiated the 
     discharge decision of the military department.
       (2) Veterans benefits.--
       (A) Effective date of change of characterization for 
     veterans benefits.--For purposes of the provision of benefits 
     to which veterans are entitled under the laws administered by 
     the Secretary of Veterans Affairs to a covered member whose 
     discharge characterization is changed pursuant to section 527 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (Public Law 116-92; 10 U.S.C. 1552 note), the date of 
     discharge of the member from the Armed Forces shall be deemed 
     to be the effective date of the change of discharge 
     characterization under that section.
       (A) Rule of construction.--Nothing in this paragraph shall 
     be construed to authorize any benefit to a covered member in 
     connection with the change of discharge characterization of 
     the member under section 527 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
     U.S.C. 1552 note) for any period before the effective date of 
     the change of discharge characterization.
                                 ______
                                 
  SA 333. Mr. REED (for himself and Mr. Wicker) 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:



 =========================== NOTE =========================== 

  
  On page S2526, July 13, 2023, in the second column, the 
following appears: SA 233. Mr. REED submitted and amendment 
intended to be proposed by . . .
  
  The online Record has been corrected to read: SA 233. Mr. REED 
(for himself and Mr. Wicker) submitted and amendment intended to 
be proposed by . . .


 ========================= END NOTE ========================= 


        Strike section 706.
                                 ______
                                 
  SA 334. 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 G of title X, add the following:

     SEC. 1083. INFORMATION REGARDING CLAIMS RELATING TO WATER AT 
                   CAMP LEJEUNE, NORTH CAROLINA.

       The Camp Lejeune Justice Act of 2022 (28 U.S.C. 2671 note 
     prec.) is amended by adding at the end the following:
       ``(k) Acknowledgments.--
       ``(1) Definition.--In this subsection, the term 
     `administrative claim' means an administrative action 
     relating to an action under subsection (b) (as described in 
     section 2675 of title 28, United States Code).
       ``(2) Claims assistance.--An individual, the legal 
     representative of an individual, or (if applicable) the 
     attorney for the individual or legal representative bringing 
     an administrative claim shall file with the Secretary of the 
     Navy a written acknowledgment signed by the individual, legal 
     representative, or attorney indicating that the individual or 
     legal representative understands--
       ``(A) the alternative sources of assistance with respect to 
     claims under laws administered by the Secretary of Veterans 
     Affairs available, free of charge, from organizations 
     recognized under section 5902 of title 38, United States 
     Code;
       ``(B) that the individual or legal representative may seek 
     claims assistance from the congressional representatives of 
     the individual or legal representative; and
       ``(C) that the individual or legal representative may seek 
     claims assistance from the Tort Claims Unit of the Department 
     of the Navy.
       ``(3) Other required acknowledgments.--An attorney 
     representing an individual or the legal representative of an 
     individual in an administrative claim shall file with the 
     Secretary of the Navy a written acknowledgment signed by the 
     individual or legal representative indicating that the 
     individual or legal representative understands--
       ``(A) that the individual or legal representative is not 
     required to be represented by an attorney to file an 
     administrative claim; and
       ``(B) the attorney's fee arrangement regarding 
     representation in the administrative claim, which shall 
     include an acknowledgment of whether the fee arrangement is 
     one under which the total amount of the fee payable to the 
     attorney is--
       ``(i) to be paid to the attorney by the claimant, 
     subsequent to the allocation of the award; or
       ``(ii) contingent on whether the matter is resolved in a 
     manner favorable to the claimant.
       ``(4) Application to pending matters.--For any 
     administrative claim that is pending on the date of enactment 
     of this subsection, not later than 90 days after such date of 
     enactment, the individual bringing the administrative claim, 
     the legal representative of the individual, or the attorney 
     for the individual or legal representative, as applicable, 
     shall file the acknowledgments described in paragraphs (2) 
     and (3).''.
                                 ______
                                 
  SA 335. Mr. VAN HOLLEN (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 title X, add the following:

Subtitle H--Granting Recognition to Accomplished Talented Employees for 
                         Unwavering Loyalty Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Granting Recognition to 
     Accomplished Talented Employees for Unwavering Loyalty Act'' 
     or ``GRATEFUL Act''.

     SEC. 1092. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) In 1952, with the enactment of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Congress established 
     an immigrant visa program to reward foreign nationals who are 
     United States Government employees for their service to the 
     United States (referred to in this Act as the ``Government 
     Employee Immigrant Visa program'').
       (2) For 71 years, the Government Employee Immigrant Visa 
     program has allowed foreign nationals with at least 15 years 
     of exceptional service to the United States to immigrate to 
     the United States with their families.
       (3) Such foreign national employees of the United States 
     Government are the bulwark of United States foreign policy, 
     risking their lives year after year through civil unrest, 
     terrorism, natural disasters, and war.
       (4) The work of such foreign nationals--
       (A) ensures the safety and well-being of United States 
     citizens;

[[Page S2527]]

       (B) provides security and logistics for visiting 
     delegations; and
       (C) supports United States Government operations abroad.
       (5) Such foreign nationals include employees of the 
     Department of State, the United States Agency for 
     International Development, the Department of Defense, the 
     Department of Homeland Security, the Department of Justice, 
     the Department of Commerce, and the Department of 
     Agriculture.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should preserve the immigrant visa program 
     for foreign nationals who are employees of the United States 
     Government abroad or of the American Institute in Taiwan, and 
     who have provided exceptional service over a long term to the 
     United States, by providing a dedicated allocation of visas 
     for such employees and their immediate family members when 
     visas are not immediately available in the corresponding visa 
     category.

     SEC. 1093. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE 
                   IMMIGRANT VISA PROGRAM.

       (a) In General.--Beginning in fiscal year 2024, subject to 
     subsection (b), visas shall be made available to a special 
     immigrant described in section 101(a)(27)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if 
     a visa is not immediately available for issuance to the 
     special immigrant under section 203(b)(4) of that Act (8 
     U.S.C. 1153(b)(4)).
       (b) Numerical Limitations.--
       (1) Fiscal year 2024.--For fiscal year 2024, not more than 
     3,500 visas shall be made available under subsection (a).
       (2) Subsequent fiscal years.--For fiscal year 2025 and each 
     fiscal year thereafter, not more than 3,000 visas shall be 
     made available under subsection (a).
       (c) Temporary Reduction in Diversity Visas.--Section 
     203(d)(2) of the Nicaraguan Adjustment and Central America 
     Relief Act (8 U.S.C. 1151 note; Public Law 105-100) is 
     amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) In no case shall the reduction under paragraph (1) 
     for a fiscal year exceed the amount by which--
       ``(A) the sum of--
       ``(i) one-half of the total number of individuals described 
     in subclauses (I), (II), (III), and (IV) of section 
     309(c)(5)(C)(i) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note; 
     Public Law 104-208) who have adjusted their status to that of 
     aliens lawfully admitted for permanent residence under 
     section 202 of the Nicaraguan Adjustment and Central American 
     Relief Act (Public Law 105-100; 8 U.S.C. 1255 note) as of the 
     end of the previous fiscal year; and
       ``(ii) the total number of individuals described in section 
     101(a)(27)(D) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(D)) for whom visas shall be made available 
     for the applicable fiscal year under section 1093(b) of the 
     Granting Recognition to Accomplished Talented Employees for 
     Unwavering Loyalty Act; exceeds
       ``(B) the total of the reductions in available visas under 
     this subsection for all previous fiscal years.''; and
       (2) by adding at the end the following:
       ``(3)(A) Paragraph (1) shall not apply in a fiscal year 
     following a fiscal year for which the total number of aliens 
     described in subparagraph (B) is zero.
       ``(B) For a fiscal year, the total number of aliens 
     described in this subparagraph is the total number of 
     individuals described in section 101(a)(27)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) who 
     have been issued visas during the previous fiscal year under 
     the Granting Recognition to Accomplished Talented Employees 
     for Unwavering Loyalty Act.
       ``(C) Nothing in this paragraph may be construed--
       ``(i) to repeal, modify, or render permanently inapplicable 
     paragraph (1); or
       ``(ii) to prevent the offsetting of the number of visas 
     described in that paragraph for the purpose of providing visa 
     availability for aliens described in subparagraph (B).
       ``(4) In the event that the number of visas available for a 
     fiscal year under section 201(e) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(e)) is reduced to a number 
     fewer than 50,000, not fewer than 3,000 visas shall be made 
     available for individuals described in section 1093(a) of the 
     Granting Recognition to Accomplished Talented Employees for 
     Unwavering Loyalty Act.''.
       (d) Rule of Construction.--Nothing in this section or the 
     amendments made by this section may be construed to modify 
     the number of visas available under section 203(b)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to 
     special immigrants described in section 101(a)(27)(D) of that 
     Act (8 U.S.C. 1101(a)(27)(D)).
                                 ______
                                 
  SA 336. 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, add the following:

     SEC. ___. PERMITTING FOR INTERNATIONAL BRIDGES.

       The International Bridge Act of 1972 (33 U.S.C. 535 et 
     seq.) is amended--
       (1) by redesignating sections 7 through 10 as sections 8 
     through 11, respectively; and
       (2) by inserting after section 5 the following:

     ``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.

       ``(a) Definitions.--In this section and section 7:
       ``(1) Presidential permit.--
       ``(A) In general.--The term `Presidential permit' means--
       ``(i) an approval by the President to construct, maintain, 
     and operate an international bridge under section 4; or
       ``(ii) an approval by the President to construct, maintain, 
     and operate an international bridge pursuant to a process 
     described in Executive Order 13867 (84 Fed. Reg. 15491; 
     relating to Issuance of Permits With Respect to Facilities 
     and Land Transportation Crossings at the International 
     Boundaries of the United States) (or any successor Executive 
     Order).
       ``(B) Inclusion.--The term `Presidential permit' includes 
     an amendment to an approval described in clause (i) or (ii) 
     of subparagraph (A).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of State.
       ``(b) Application.--An applicant for a Presidential permit 
     to construct, maintain, and operate an international bridge 
     shall submit an application for the permit to the Secretary.
       ``(c) Recommendation.--
       ``(1) In general.--Not later than 60 days after the date on 
     which the Secretary receives an application under subsection 
     (b), the Secretary shall make a recommendation to the 
     President--
       ``(A) to grant the Presidential permit; or
       ``(B) to deny the Presidential permit.
       ``(2) Consideration.--The sole basis for a recommendation 
     under paragraph (1) shall be whether the international bridge 
     is in the foreign policy interests of the United States.
       ``(d) Presidential Action.--
       ``(1) In general.--The President shall grant or deny the 
     Presidential permit by not later than 60 days after the 
     earlier of--
       ``(A) the date on which the Secretary makes a 
     recommendation under subsection (c)(1); and
       ``(B) the date on which the Secretary is required to make a 
     recommendation under subsection (c)(1).
       ``(2) No action.--If the President does not grant or deny 
     the Presidential permit by the deadline described in 
     paragraph (1), the Presidential permit shall be considered to 
     have been granted as of that deadline.
       ``(e) No NEPA Documents Required.--Notwithstanding any 
     other provision of law, the Secretary shall not require an 
     applicant for a Presidential permit--
       ``(1) to include in the application under subsection (b) 
     environmental documents prepared pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
       ``(2) to have completed any environmental review under that 
     Act.

     ``SEC. 7. AUTHORIZATION OF CERTAIN INTERNATIONAL BRIDGES.

       ``(a) In General.--An applicant for a Presidential permit 
     for an international bridge described in subsection (b)--
       ``(1) may construct, operate, and maintain that bridge if 
     the applicant submits to the Secretary an application for a 
     Presidential permit for the bridge during the period 
     beginning on December 1, 2020, and ending on December 31, 
     2024; and
       ``(2) shall be considered to have been granted a 
     Presidential permit for that bridge as of the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024.
       ``(b) International Bridges Described.--The international 
     bridges referred to in subsection (a) are--
       ``(1) international bridges in Webb County, Texas;
       ``(2) an international bridge in Cameron County, Texas; and
       ``(3) an international bridge in Maverick County, Texas.''.
                                 ______
                                 
  SA 337. 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, insert the following:

     SEC. ___. REQUIREMENT FOR CERTAIN FLAGS OF UNITED STATES TO 
                   BE MADE IN UNITED STATES.

       (a) Requirement for Certain Flags of United States To Be 
     Made in United States.--Chapter 1 of title 4, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 11. Display on Federal property; procurement by 
       Federal agencies

       ``(a) Display on Federal Property.--A Federal agency may 
     not display a flag of the United States on Federal property 
     unless such flag has been made in the United States.

[[Page S2528]]

       ``(b) Procurement by Federal Agencies.--Funds appropriated 
     or otherwise made available to a Federal agency may not be 
     used for the procurement of a flag of the United States 
     unless such flag has been made in the United States.
       ``(c) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       ``(d) Rule of Construction.--Nothing in this section may be 
     construed to apply to the display or procurement of a flag of 
     the United States by a private actor.
       ``(e) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' means--
       ``(A) an Executive agency;
       ``(B) a military department;
       ``(C) an office, agency, or other establishment in the 
     legislative branch;
       ``(D) an office, agency, or other establishment in the 
     judicial branch;
       ``(E) the Government of the District of Columbia; and
       ``(F) Government controlled corporations.
       ``(2) Federal property.--The term `Federal property' means 
     real property owned, leased, or occupied by a Federal agency 
     or an instrumentality wholly owned by the United States.
       ``(3) Made in the united states.--The term `made in the 
     United States' means 100 percent manufactured in the United 
     States from articles, materials, or supplies that have been 
     100 percent produced or manufactured in the United States.
       ``(4) United states.--The term `United States', when used 
     in a geographic sense, includes each of the several States, 
     the District of Columbia, Tribal lands, and the territories 
     or possessions of the United States.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 4, United States Code, is amended by adding at the 
     end the following:

``11. Display on Federal property; procurement by Federal agencies.''.
       (c) Applicability.--Section 11 of title 4, United States 
     Code, as added by subsection (a), shall apply--
       (1) with respect to the display of a flag of the United 
     States by a Federal agency, on and after the date that is 2 
     years after the date of the enactment of this Act; and
       (2) with respect to the procurement of a flag of the United 
     States by a Federal agency, on and after the date that is 90 
     days after the date of the enactment of this Act.
       (d) Study on Country-of-origin Labeling for Flags of the 
     United States.--
       (1) Study.--The Chair of the Federal Trade Commission shall 
     conduct a study that--
       (A) assesses and describes the enforcement scheme for 
     country-of-origin labeling for flags of the United States;
       (B) determines how many fines or penalties, if any, have 
     been imposed for violations of such enforcement scheme; and
       (C) identifies the percentage of violations of such 
     enforcement scheme that are subsequent violations committed 
     by an entity that has previously been found to have violated 
     such scheme.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Chair of the Federal Trade 
     Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     containing--
       (A) the results of the study conducted under paragraph (1); 
     and
       (B) any recommendations to improve--
       (i) the enforcement scheme for country-of-origin labeling 
     for flags of the United States; and
       (i) the deterrent effect of such scheme.
                                 ______
                                 
  SA 338. 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. __. ADDITIONAL FUNDING FOR COMMON SENSOR PAYLOADS FOR 
                   MQ-1C GRAY EAGLE AIRCRAFT.

       The amount authorized to be appropriated for fiscal year 
     2024 by section 101 and available for procurement for the 
     Army, as specified in the corresponding funding table in 
     section 4101, is hereby increased by $35,000,000, with the 
     amount of the increase to be available for common sensor 
     payloads for MQ-1C Gray Eagle aircraft.
                                 ______
                                 
  SA 339. Ms. DUCKWORTH 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. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF 
                   NATURALIZATION PROCESS FOR SUCH ALIEN 
                   ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) 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)).
       (4) Military department.--The term ``military department'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense or the Secretary concerned, the same security or 
     suitability vetting processes as are required of qualified 
     individuals seeking enlistment in an armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force as are required of qualified individuals; 
     and
       ``(IV)(aa) has received a grant of deferred action pursuant 
     to the Deferred Action for Childhood Arrivals policy of the 
     Department of Homeland Security, or successor policy, 
     regardless of whether a court order terminates such policy;
       ``(bb) has been granted temporary protected status under 
     section 244 of the Immigration and Nationality Act (8 U.S.C. 
     1254a); or
       ``(cc) is the beneficiary of an approved petition for an 
     immigrant visa, but has been unable to adjust status to that 
     of an alien lawfully admitted for permanent residence 
     pursuant to section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) because a visa number has not become 
     available or the beneficiary turned 21 years of age prior to 
     a visa becoming available.
       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the absence of the alien was pursuant to advance approval of 
     travel by the Secretary of Homeland Security and within the 
     scope of such travel authorization.''.
       (c) Stay of Removal Proceedings.--Section 237 of the 
     Immigration and Nationality Act (8 U.S.C. 1227) is amended by 
     adding at the end the following:
       ``(e) If an alien described in section 504(b)(1)(D) of 
     title 10, United States Code, who is subject to a ground of 
     removability has served honorably in the Armed Forces, and if 
     separated from such service, was never separated except under 
     honorable conditions, the Secretary of Homeland Security 
     shall grant such alien an administrative stay of removal 
     under section 241(c)(2) until the earlier of--
       ``(1) the date on which the head of the military department 
     (as defined in section 101 of title 10, United States Code) 
     under which the alien served determines that the alien did 
     not served honorably in active-duty status, and if separated 
     from such service, that such separation was not under 
     honorable conditions as required by sections 328 and 329; or
       ``(2) the date on which the alien's application for 
     naturalization under section 328 or 329 has been denied or 
     revoked and all administrative appeals have been 
     exhausted.''.
       (d) Timely Determination by the Secretary of Defense.--Not 
     later than 90 days after receiving a request by an alien who 
     has enlisted in the Armed Forces pursuant to section 
     504(b)(1)(D) of title 10, United States Code, for a 
     certification of service in the Armed Forces, the head of the 
     military department under which the alien served shall issue 
     a determination certifying whether the alien has served 
     honorably in an active-duty status, and whether separation 
     from such service was under honorable conditions as required 
     by sections 328 and 329 of the Immigration and Nationality 
     Act (8 U.S.C. 1439, 1440), unless the head of the military 
     department concerned requires additional time to vet national 
     security or counter-intelligence concerns.
       (e) Medical Exception.--An alien who otherwise meets the 
     qualifications for enlistment under section 504(b)(1)(D) of 
     title 10, United States Code, but who, after reporting for 
     initial entry training, has not successfully completed such 
     training primarily for medical reasons shall be considered to 
     have separated from service in the Armed Forces under 
     honorable conditions for purposes of sections 328 and 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1439, 1440), if 
     such medical reasons are certified by the head of the 
     military department under which the individual so served.
       (f) Good Moral Character.--In determining whether an alien 
     who has enlisted in the Armed Forces pursuant to section

[[Page S2529]]

     504(b)(1)(D) of title 10, United States Code, has good moral 
     character for purposes of section 101(f) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(f)), the Secretary of 
     Homeland Security--
       (1) shall consider the alien's honorable service in the 
     Armed Forces; and
       (2) may make a finding of good moral character 
     notwithstanding--
       (A)(i) any single misdemeanor offense, if the alien has not 
     been convicted of any offense during the 5-year period 
     preceding the date on which the alien applies for 
     naturalization; or
       (ii) not more than 2 misdemeanor offenses, if the alien has 
     not been convicted of any offense during the 10-year period 
     preceding the date on which the alien applies for 
     naturalization.
       (g) Confidentiality of Information.--
       (1) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (A) documentation filed under this section or an amendment 
     made by this section; or
       (B) enlistment applications filed, or inquiries made, under 
     section 504(b)(1)(D) of title 10, United States Code.
       (2) Treatment of records.--
       (A) In general.--Documentation filed under this section or 
     an amendment made by this section--
       (i) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (ii) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.
       (B) Destruction.--In the case of an alien who attempts to 
     enlist under section 504(b)(1)(D) of title 10, United States 
     Code, but does not successfully do so (except in the case of 
     an alien described in subsection (e)), the Secretary of 
     Homeland Security and the Secretary of Defense shall destroy 
     information provided in documentation filed under this 
     section or an amendment made by this section not later than 
     60 days after the date on which the alien concerned is denied 
     enlistment or fails to complete basic training, as 
     applicable.
       (3) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense), 
     based solely on information provided in an application for 
     naturalization submitted by an alien who has enlisted in the 
     Armed Forces under section 504(b)(1)(D) of title 10, United 
     States Code, or an enlistment application filed or an inquiry 
     made under that section, may not refer the individual 
     concerned to U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection.
       (4) Limited exception.--Notwithstanding paragraphs (1) 
     through (3), information provided in an application for 
     naturalization submitted by an individual who has enlisted in 
     the Armed Forces under section 504(b)(1)(D) of title 10, 
     United States Code, may be shared with Federal security and 
     law enforcement agencies--
       (A) for assistance in the consideration of an application 
     for naturalization;
       (B) to identify or prevent fraudulent claims;
       (C) for national security purposes pursuant to section 6611 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (50 U.S.C. 3352f); or
       (D) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--
       (i) related to immigration status; or
       (ii) a petty offense (as defined in section 19 of title 18, 
     United States Code).
       (5) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section or an 
     amendment made by this section, and in violation of this 
     subsection, shall be guilty of a misdemeanor and fined not 
     more than $5,000.
       (h) Rule of Construction.--Nothing in this section or an 
     amendment made by this section may be construed to modify--
       (1) except as otherwise specifically provided in this 
     section, the process prescribed by sections 328 and 329A of 
     the Immigration and Nationality Act ( 8 U.S.C. 1439, 1440-1) 
     by which a person may naturalize, or be granted posthumous 
     United States citizenship, through service in the Armed 
     Forces; or
       (2) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
                                 ______
                                 
  SA 340. Ms. DUCKWORTH 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. __. EXTENSION OF CERTAIN EDUCATIONAL BENEFITS TO MEMBERS 
                   OF THE PUBLIC HEALTH SERVICE READY RESERVE 
                   CORPS.

       (a) In General.--Section 16131 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``each military department'' and inserting 
     ``the reserve component of that Secretary's uniformed 
     service''
       (B) by striking ``and'' after ``Secretary of Defense,'';
       (C) by inserting ``, and the Secretary of Health and Human 
     Services with respect to the Public Health Service Ready 
     Reserve Corps,'' after ``Navy''; and
       (D) by striking ``of the armed forces under the 
     jurisdiction of the Secretary concerned'' and inserting ``of 
     the uniformed services under the jurisdiction of such 
     Secretary'';
       (2) in subsection (b)(1), by inserting ``or the Secretary 
     of Health and Human Services, as the case may be'' after 
     ``Secretary concerned'';
       (3) in subsection (c)(3)(B)(i), by inserting ``or section 
     203 of the Public Health Service Act (42 U.S.C. 204(a)(4))'' 
     after ``of this title'';
       (4) in subsection (g)(2)(A), by inserting ``or the 
     Secretary of Health and Human Services, as the case may be'' 
     after ``Secretary concerned''; and
       (5) in subsection (i)--
       (A) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary of 
     Defense'' each place it appears; and
       (B) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary concerned'' 
     each place it appears.
       (b) Eligibility.--Section 16132(c) of title 10, United 
     States Code, is amended by inserting ``or the Secretary of 
     Health and Human Services, as the case may be,'' after 
     ``Secretary of Defense''.
       (c) Authority to Transfer Unused Education Benefits to 
     Family Members.--Section 16132a of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``or the Secretary of 
     Health and Human Services, as the case may be,'' after 
     ``Secretary concerned'';
       (2) in subsection (b)(1), by striking ``member of the armed 
     forces'' and inserting ``member of the reserve component of 
     such member's uniformed service'';
       (3) in subsection (d), by inserting ``and the Secretary of 
     Health and Human Services'' after ``Secretary of Defense'';
       (4) in subsection (f)(2), by inserting ``or the Secretary 
     of Health and Human Services, as the case may be,'' after 
     ``Secretary concerned'';
       (5) in subsection (g), by striking ``armed forces'' and 
     inserting ``uniformed services'' both places it appears;
       (6) in subsection (h)(5)(B)--
       (A) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary 
     concerned''; and
       (B) by inserting ``or a member of the Public Health Service 
     Commissioned Corps, as the case may be'' after ``enlisted 
     member''; and
       (7) in subsection (j), by inserting ``and the Secretary of 
     Health and Human Services'' after ``Secretary of Defense''.
       (d) Failure to Participate Satisfactorily; Penalties.--
     Section 16135(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be'' after ``Secretary concerned''; 
     and
       (2) by striking ``of an armed force'' and inserting ``of a 
     uniformed service'';
       (e) Administration of the Program.--Section 16136(a) of 
     title 10, United States Code, is amended--
       (1) by striking ``and by the Secretary of Homeland 
     Security'' and inserting ``by the Secretary of Homeland 
     Security, and by the Secretary of Health and Human 
     Services''; and
       (2) by inserting ``or the Secretary of Health and Human 
     Services, as the case may be,'' after ``Secretary 
     concerned''.
       (f) Applicability.--The amendments made by subsections (a) 
     through (e) shall apply with respect to service occurring on 
     or after March 27, 2020.
                                 ______
                                 
  SA 341. Ms. DUCKWORTH 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. __. PUBLIC HEALTH SERVICE READY RESERVE CORPS.

       (a) Establishment.--Section 10141 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``in each armed force'' 
     and inserting ``in each uniformed service''; and
       (2) in subsection (c), striking ``the same for all armed 
     forces'' and inserting ``the same for all reserve components 
     of the uniformed services''.
       (b) Organization and Unit Structure.--Section 10143(b) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``and the Public Health Service Ready 
     Reserve Corps'' after ``other than the Coast Guard''; and

[[Page S2530]]

       (B) by striking ``war plans; and'' and inserting ``war 
     plans;'';
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in the case of the Public Health Service Ready 
     Reserve Corps, by the Secretary of Health and Human Services 
     upon the recommendation of the Assistant Secretary for 
     Health.''.
       (c) Placement in Ready Reserves.--Section 10145(a) of title 
     10, United States Code, is amended by striking ``Ready 
     Reserve of his armed force for his prescribed term of 
     service, unless he is transferred'' and inserting ``Ready 
     Reserve of the reserve component of the member's uniformed 
     service for his or her prescribed term of service, unless 
     such member is transferred''.
       (d) Standby Reserves.--
       (1) Transfers to.--Section 10146 of title 10, United States 
     Code, is amended--
       (A) in subsection (a), by inserting ``and the Secretary of 
     Health and Human Services with respect to Public Health 
     Service Ready Reserve Corps'' after ``operating as a service 
     in the Navy''; and
       (B) in subsection (b), by inserting ``or the Secretary of 
     Health and Human Services, as the case may be,'' after 
     ``prescribed by the Secretary concerned''.
       (2) Transfers from.--Section 10150 of title 10, United 
     States Code, is amended by inserting ``and the Secretary of 
     Health and Human Services with respect to Public Health 
     Service Ready Reserve Corps'' after ``operating as a service 
     in the Navy''.
       (3) Training requirements.--Section 10147(a) of title 10, 
     United States Code, is amended--
       (A) by striking ``in an armed force'' and inserting ``in a 
     uniformed service''; and
       (B) by inserting ``and the Secretary of Health and Human 
     Services with respect to Public Health Service Ready Reserve 
     Corps'' after ``operating as a service in the Navy''.
       (4) Failure to satisfactorily perform prescribed 
     training.--Section 10148(a) of title 10, United States Code, 
     is amended by inserting ``or the Secretary of Health and 
     Human Services with respect to Public Health Service Ready 
     Reserve Corps'' after ``Secretary of Defense''.
       (e) Inactive Status List.--Section 10152 of title 10, 
     United States Code, is amended by striking ``armed force'' 
     and inserting ``uniformed service''.
       (f) Technical and Conforming Amendments.--
       (1) Authorized end strength of the ready reserves of the 
     armed forces.--Section 10142 of title 10, United States Code, 
     is amended by inserting ``of the armed forces'' after ``Ready 
     Reserve'' both places it appears.
       (2) Continuous screening provisions applicable to armed 
     forces.--Section 10149 of title 10, United States Code, is 
     amended--
       (A) in subsection (a), by inserting ``or, in the case of 
     the Public Health Service Ready Reserve Corps, the Secretary 
     of Health and Human Services,'' after ``Secretary 
     concerned''; and
       (B) in subsection (b)(2)(A), by inserting ``or, in the case 
     of a Member of Congress who also is a member of the Public 
     Health Service Ready Reserve Corps, the Secretary of Health 
     and Human Services'' after ``operating as a service in the 
     Navy''.
       (3) Composition of standby reserves of armed forces.--
     Section 10151 of title 10, United States Code, is amended by 
     inserting ``of the armed forces'' after ``The Standby 
     Reserve''.
                                 ______
                                 
  SA 342. Ms. KLOBUCHAR (for herself, Mr. Cramer, Mr. Carper, and Mr. 
Daines) 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. __. CREDIT MONITORING.

       (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 
     1681 et seq.) is amended--
       (1) in section 605A(k) (15 U.S.C. 1681c-1(k)) is amended--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Definitions.--In this subsection:
       ``(A) Uniformed services.--The term `uniformed services' 
     has the meaning given the term in section 101(a) of title 10, 
     United States Code.
       ``(B) Uniformed services member consumer.--The term 
     `uniformed services member consumer' means a consumer who, 
     regardless of duty status, is--
       ``(i) a member of the uniformed services; or
       ``(ii) a spouse, or a dependent who is not less than 18 
     years old, of a member of the uniformed services.''; and
       (B) in paragraph (2)(A), by striking ``active duty military 
     consumer'' and inserting ``uniformed services member 
     consumer''; and
       (2) in section 625 (15 U.S.C. 1681t(b)(1)(K)), by striking 
     ``active duty military consumers'' and inserting ``uniformed 
     services member consumer''.
       (b) Regulations.--The Federal Trade Commission shall issue 
     rules to carry out the amendments made by subsection (a).
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 1 year after the date 
     on which the Federal Trade Commission issues the final rule 
     under subsection (b).
                                 ______
                                 
  SA 343. Mr. MARKEY 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 XV, insert the following:

     SEC. ___. HASTENING ARMS LIMITATIONS TALKS ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Hastening Arms Limitations Talks Act of 2023'' or the 
     ``HALT Act of 2023''.
       (b) Findings.--Congress makes the following findings:
       (1) The use of nuclear weapons poses an existential threat 
     to humanity, a fact that led President Ronald Reagan and 
     Soviet Premier Mikhail Gorbachev to declare in a joint 
     statement in 1987 that a ``nuclear war cannot be won and must 
     never be fought'', a sentiment affirmed by the People's 
     Republic of China, France, the Russian Federation, the United 
     Kingdom, and the United States in January 2022.
       (2) On June 12, 1982, an estimated 1,000,000 people 
     attended the largest peace rally in United States history, in 
     support of a movement to freeze and reverse the nuclear arms 
     race, a movement that helped to create the political will 
     necessary for the negotiation of several bilateral arms 
     control treaties between the United States and former Soviet 
     Union, and then the Russian Federation. Those treaties 
     contributed to strategic stability through mutual and 
     verifiable reciprocal nuclear weapons reductions.
       (3) Since the advent of nuclear weapons in 1945, millions 
     of people around the world have stood up to demand 
     meaningful, immediate international action to halt, reduce, 
     and eliminate the threats posed by nuclear weapons, nuclear 
     weapons testing, and nuclear war, to humankind and the 
     planet.
       (4) In 1970, the Treaty on the Non-Proliferation of Nuclear 
     Weapons done at Washington, London, and Moscow July 1, 1968 
     (21 UST 483) (commonly referred to as the ``Nuclear Non-
     Proliferation Treaty'' or the ``NPT''), entered into force, 
     which includes a binding obligation on the 5 nuclear-weapon 
     states (commonly referred to as the ``P5''), among other 
     things, ``to pursue negotiations in good faith on effective 
     measures relating to the cessation of the nuclear arms race . 
     . . and to nuclear disarmament''.
       (5) Bipartisan United States global leadership has curbed 
     the growth in the number of countries possessing nuclear 
     weapons and has slowed overall vertical proliferation among 
     countries already possessing nuclear weapons, as is 
     highlighted by a more than 90 percent reduction in the United 
     States nuclear weapons stockpile from its Cold War height of 
     31,255 in 1967.
       (6) The United States testing of nuclear weapons is no 
     longer necessary as a result of the following major technical 
     developments since the Senate's consideration of the 
     Comprehensive Nuclear-Test-Ban Treaty (commonly referred to 
     as the ``CTBT'') in 1999:
       (A) The verification architecture of the Comprehensive 
     Nuclear Test-Ban-Treaty Organization (commonly referred to as 
     the ``CTBTO'')--
       (i) has made significant advancements, as seen through its 
     network of 300 International Monitoring Stations and its 
     International Data Centre, which together provide for the 
     near instantaneous detection of nuclear explosives tests, 
     including all 6 such tests conducted by North Korea between 
     2006 and 2017; and
       (ii) is operational 24 hours a day, 7 days a week.
       (B) Since the United States signed the CTBT, confidence has 
     grown in the science-based Stockpile Stewardship and 
     Management Plan of the Department of Energy, which forms the 
     basis of annual certifications to the President regarding the 
     continual safety, security, and effectiveness of the United 
     States nuclear deterrent in the absence of nuclear testing, 
     leading former Secretary of Energy Ernest Moniz to remark in 
     2015 that ``lab directors today now state that they certainly 
     understand much more about how nuclear weapons work than 
     during the period of nuclear testing''.
       (7) Despite the progress made to reduce the number and role 
     of, and risks posed by, nuclear weapons, and to halt the Cold 
     War-era nuclear arms race, tensions between countries that 
     possess nuclear weapons are on the rise, key nuclear risk 
     reduction treaties are under threat, significant stockpiles 
     of weapons-usable fissile material remain, and a qualitative 
     global nuclear arms race is now underway with each of the 
     countries that possess nuclear weapons spending tens of 
     billions of dollars each year to maintain and improve their 
     arsenals.
       (8) The Russian Federation is pursuing the development of 
     destabilizing types of nuclear weapons that are not presently 
     covered under any existing arms control treaty or agreement 
     and the People's Republic of

[[Page S2531]]

     China, India, Pakistan, and the Democratic People's Republic 
     of Korea have each taken concerning steps to diversify their 
     more modest sized, but nonetheless very deadly, nuclear 
     arsenals.
       (9) President Joseph R. Biden's 2022 Nuclear Posture Review 
     was right to label the nuclear-armed sea-launched cruise 
     missile as ``no longer necessary'', as that missile, if 
     deployed, would have the effect of lowering the threshold for 
     nuclear weapons use.
       (10) On February 3, 2021, President Joseph R. Biden 
     preserved binding and verifiable limits on the deployed and 
     non-deployed strategic forces of the largest two nuclear 
     weapons powers through the five-year extension of the Treaty 
     between the United States of America and the Russian 
     Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed April 8, 2010, 
     and entered into force February 5, 2011 (commonly referred to 
     as the ``New START Treaty'').
       (11) In 2013, the report on a nuclear weapons employment 
     strategy of the United States submitted under section 492 of 
     title 10, United States Code, determined that it is possible 
     to ensure the security of the United States and allies and 
     partners of the United States and maintain a strong and 
     credible strategic deterrent while safely pursuing up to a 
     \1/3\ reduction in deployed nuclear weapons from the level 
     established in the New START Treaty.
       (12) On January 12, 2017, then-Vice President Biden stated, 
     ``[G]iven our non-nuclear capabilities and the nature of 
     today's threats--it's hard to envision a plausible scenario 
     in which the first use of nuclear weapons by the United 
     States would be necessary. Or make sense.''.
       (13) In light of moves by the United States and other 
     countries to increase their reliance on nuclear weapons, a 
     global nuclear freeze would seek to halt the new nuclear arms 
     race by seeking conclusion of a comprehensive and verifiable 
     freeze on the testing, deployment, and production of nuclear 
     weapons and delivery vehicles for such weapons.
       (14) The reckless and repeated nuclear threats by Russian 
     President Vladimir Putin since the February 2022 invasion of 
     Ukraine by the Russian Federation underscore the need for a 
     global nuclear freeze.
       (c) Statement of Policy.--The following is the policy of 
     the United States:
       (1) The United States should build upon its decades long, 
     bipartisan efforts to reduce the number and salience of 
     nuclear weapons by leading international negotiations on 
     specific arms-reduction measures as part of a 21st century 
     global nuclear freeze movement.
       (2) Building on the 2021 extension of the New START Treaty, 
     the United States should engage with all other countries that 
     possess nuclear weapons to seek to negotiate and conclude 
     future multilateral arms control, disarmament, and risk 
     reduction agreements, which should contain some or all of the 
     following provisions:
       (A) An agreement by the United States and the Russian 
     Federation on a resumption of on-site inspections and 
     verification measures per the New START Treaty and a follow-
     on treaty or agreement to the New START Treaty that may lower 
     the central limits of the Treaty and cover new kinds of 
     strategic delivery vehicles or non-strategic nuclear weapons.
       (B) An agreement on a verifiable freeze on the testing, 
     production, and further deployment of all nuclear weapons and 
     delivery vehicles for such weapons.
       (C) An agreement that establishes a verifiable numerical 
     ceiling on the deployed shorter-range and intermediate-range 
     and strategic delivery systems (as defined by the Treaty 
     Between the United States of America and the Union of Soviet 
     Socialist Republics on the Elimination of Their Intermediate- 
     Range and Shorter-Range Missiles signed at Washington 
     December 8, 1987, and entered into force June 1, 1988 
     (commonly referred to as the ``Intermediate-Range Nuclear 
     Forces Treaty''), and the New START Treaty, respectively) and 
     the nuclear warheads associated with such systems belonging 
     to the P5, and to the extent possible, all countries that 
     possess nuclear weapons, at August 2, 2019, levels.
       (D) An agreement by each country to adopt a policy of no 
     first use of nuclear weapons or provide transparency into its 
     nuclear declaratory policy.
       (E) An agreement on a proactive United Nations Security 
     Council resolution that expands access by the International 
     Atomic Energy Agency to any country found by the Board of 
     Governors of that Agency to be noncompliant with its 
     obligations under the NPT.
       (F) An agreement to refrain from configuring nuclear forces 
     in a ``launch on warning'' or ``launch under warning'' 
     nuclear posture, which may prompt a nuclear armed country to 
     launch a ballistic missile attack in response to detection by 
     an early-warning satellite or sensor of a suspected incoming 
     ballistic missile.
       (G) An agreement not to target or interfere in the nuclear 
     command, control, and communications (commonly referred to as 
     ``NC3'') infrastructure of another country through a kinetic 
     attack or a cyberattack.
       (H) An agreement on transparency measures or verifiable 
     limits, or both, on hypersonic cruise missiles and glide 
     vehicles that are fired from sea-based, ground, and air 
     platforms.
       (I) An agreement to provide a baseline and continuous 
     exchanges detailing the aggregate number of active nuclear 
     weapons and associated systems possessed by each country.
       (3) The United States should rejuvenate efforts in the 
     United Nations Conference on Disarmament toward the 
     negotiation of a verifiable Fissile Material Treaty or 
     Fissile Material Cutoff Treaty, or move negotiations to 
     another international body or fora, such as a meeting of the 
     P5. Successful conclusion of such a treaty would verifiably 
     prevent any country's production of highly enriched uranium 
     and plutonium for use in nuclear weapons.
       (4) The United States should convene a series of head-of-
     state level summits on nuclear disarmament modeled on the 
     Nuclear Security Summits process, which saw the elimination 
     of the equivalent of 3,000 nuclear weapons.
       (5) The President should seek ratification by the Senate of 
     the CTBT and mobilize all countries covered by Annex 2 of the 
     CTBT to pursue similar action to hasten entry into force of 
     the CTBT. The entry into force of the CTBT, for which 
     ratification by the United States will provide critical 
     momentum, will activate the CTBT's onsite inspection 
     provision to investigate allegations that any country that is 
     a party to the CTBT has conducted a nuclear test of any 
     yield.
       (6) The President should make the accession of North Korea 
     to the CTBT a component of any final agreement in fulfilling 
     the pledges the Government of North Korea made in Singapore, 
     as North Korea is reportedly the only country to have 
     conducted a nuclear explosive test since 1998.
       (7) The United States should--
       (A) refrain from developing any new designs for nuclear 
     warheads or bombs, but especially designs that could add a 
     level of technical uncertainty into the United States 
     stockpile and thus renew calls to resume nuclear explosive 
     testing in order to test that new design; and
       (B) seek reciprocal commitments from other countries that 
     possess nuclear weapons.
       (d) Prohibition on Use of Funds for Nuclear Test 
     Explosions.--
       (1) In general.--None of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2024 
     or any fiscal year thereafter, or authorized to be 
     appropriated or otherwise made available for any fiscal year 
     before fiscal year 2024 and available for obligation as of 
     the date of the enactment of this Act, may be obligated or 
     expended to conduct or make preparations for any explosive 
     nuclear weapons test that produces any yield until such time 
     as--
       (A) the President submits to Congress an addendum to the 
     report required by section 4205 of the Atomic Energy Defense 
     Act (50 U.S.C. 2525) that details any change to the condition 
     of the United States nuclear weapons stockpile from the 
     report submitted under that section in the preceding year; 
     and
       (B) there is enacted into law a joint resolution of 
     Congress that approves the test.
       (1) Rule of construction.--Paragraph (1) does not limit 
     nuclear stockpile stewardship activities that are consistent 
     with the zero-yield standard and other requirements under 
     law.
                                 ______
                                 
  SA 344. Mr. MARKEY 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 F of title XII, add the following:

     SEC. 1282. REPORT ON ARMS TRAFFICKING IN HAITI.

       (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 Secretary of Commerce and the Attorney 
     General, shall submit to the appropriate congressional 
     committees a report on arms trafficking in Haiti.
       (b) Matters to Be Included.--The report shall include the 
     following:
       (1) The number and category of United States-origin weapons 
     in Haiti, including those in possession of the Haitian 
     National Police or other state authorities and diverted 
     outside of their control and the number of United States-
     origin weapons believed to be illegally trafficked from the 
     United States since 1991.
       (2) The major routes by which illegal arms are trafficked 
     into Haiti.
       (3) The major Haitian seaports, airports, and other border 
     crossings where illegal arms are trafficked.
       (4) An accounting of the ways individuals trafficking arms 
     to Haiti evade Haitian and United States law enforcement and 
     customs officials.
       (5) A description of networks among Haitian government 
     officials, Haitian customs officials, and gangs and others 
     illegally involved in arms trafficking.
       (6) Whether any end-use agreements between the United 
     States and Haiti in the issuance of United States-origin 
     weapons have been violated.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--

[[Page S2532]]

       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on the Judiciary of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on the Judiciary of the 
     House of Representatives.
                                 ______
                                 
  SA 345. Mr. MARKEY 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 F of title XII, add the following:

     SEC. 1282. REPORT ON DANGERS POSED BY NUCLEAR REACTORS IN 
                   AREAS THAT MIGHT EXPERIENCE ARMED CONFLICT.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Administrator for Nuclear Security shall jointly submit to 
     the appropriate committees of Congress a report assessing the 
     following:
       (1) The dangers posed to the national security of the 
     United States, to the interests of allies and partners of the 
     United States, and to the safety and security of civilian 
     populations, by nuclear reactors and nuclear power plants in 
     existence as of such date of enactment or scheduled to be 
     completed during the 10-year period beginning on such date of 
     enactment and located in the following areas:
       (A) Regions that have experienced armed conflict in the 25 
     years preceding such date of enactment.
       (B) Areas that are contested or likely to experience armed 
     conflict during the life span of those reactors and plants.
       (C) Areas that would be involved in any of the following 
     hypothetical conflicts:
       (i) An attack by the Russian Federation on the eastern 
     European countries of Estonia, Latvia, Belarus, Lithuania, or 
     Poland.
       (ii) A conflict between India and Pakistan.
       (iii) A conflict over Taiwan.
       (iv) An attack by North Korea on South Korea.
       (2) Steps the United States or allies and partners of the 
     United States can take to prevent, prepare for, and mitigate 
     the risks to the national security of the United States, to 
     the interests of allies and partners of the United States, 
     and to the safety and security of civilian populations, posed 
     by nuclear reactors and power plants in places that may 
     experience armed conflict.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Environment and 
     Public Works of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Energy and Commerce of 
     the House of Representatives.
                                 ______
                                 
  SA 346. Mr. MARKEY 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 XV, insert the following:

     SEC. 15___. SMARTER APPROACHES TO NUCLEAR EXPENDITURES ACT.

       (a) Short Title.--This section may be cited as the 
     ``Smarter Approaches to Nuclear Expenditures Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The United States continues to maintain an excessively 
     large and costly arsenal of nuclear delivery systems and 
     warheads that are a holdover from the Cold War.
       (2) The current nuclear arsenal of the United States 
     includes approximately 3,708 total nuclear warheads in its 
     military stockpile, of which approximately 1,744 are deployed 
     with five delivery components: land-based intercontinental 
     ballistic missiles, submarine-launched ballistic missiles, 
     long-range strategic bomber aircraft armed with nuclear 
     gravity bombs, long-range strategic bomber aircraft armed 
     with nuclear-armed air-launched cruise missiles, and short-
     range fighter aircraft that can deliver nuclear gravity 
     bombs. The strategic bomber fleet of the United States 
     comprises 87 B-52 and 20 B-2 aircraft, over 66 of which 
     contribute to the nuclear mission. The United States also 
     maintains 400 intercontinental ballistic missiles and 14 
     Ohio-class submarines, up to 12 of which are deployed. Each 
     of those submarines is armed with approximately 90 nuclear 
     warheads.
       (3) Between fiscal years 2021 and 2030, the United States 
     will spend an estimated $634,000,000,000 to maintain and 
     recapitalize its nuclear force, according to a January 2019 
     estimate from the Congressional Budget Office, an increase of 
     $140,000,000,000 from the Congressional Budget Office's 2019 
     estimate, with 36 percent of that additional cost stemming 
     ``mainly from new plans for modernizing [the Department of 
     Energy's] production facilities and from [the Department of 
     Defense's] modernization programs moving more fully into 
     production''.
       (4) Adjusted for inflation, the Congressional Budget Office 
     estimates that the United States will spend $634,000,000,000 
     between 2021 and 2030 on new nuclear weapons and 
     modernization and infrastructure programs, an estimate that 
     in total is 28 percent higher than the Congressional Budget 
     Office's most recent previous estimate of the 10-year costs 
     of nuclear forces.
       (5) Inaccurate budget forecasting is likely to continue to 
     plague the Department of Defense and the Department of 
     Energy, as evidenced by the fiscal year 2023 budget request 
     of the President for the National Nuclear Security 
     Administration ``Weapon Activities'' account, which far 
     exceeded what the National Nuclear Security Administration 
     had projected in previous years.
       (6) The projected growth in nuclear weapons spending is 
     coming due as the Department of Defense is seeking to replace 
     large portions of its conventional forces to better compete 
     with the Russian Federation and the People's Republic of 
     China and as internal and external fiscal pressures are 
     likely to limit the growth of, and perhaps reduce, military 
     spending. As then-Air Force Chief of Staff General Dave 
     Goldfein said in 2020, ``I think a debate is that this will 
     be the first time that the nation has tried to simultaneously 
     modernize the nuclear enterprise while it's trying to 
     modernize an aging conventional enterprise. The current 
     budget does not allow you to do both.''.
       (7) In 2023, the Government Accountability Office released 
     a report entitled ``Nuclear Weapons: NNSA Does Not Have a 
     Comprehensive Schedule or Cost Estimate for Pit Production 
     Capability'', stating the National Nuclear Security 
     Administration ``had limited assurance that it would be able 
     to produce sufficient numbers of pits in time'' to meet the 
     requirement under section 4219 of the Atomic Energy Defense 
     Act (50 U.S.C. 2538a) that the National Nuclear Security 
     Administration produce 80 plutonium pits by 2030.
       (8) According to the Government Accountability Office, the 
     National Nuclear Security Administration has still not 
     factored affordability concerns into its planning as was 
     recommended by the Government Accountability Office in 2017, 
     with the warning that ``it is essential for NNSA to present 
     information to Congress and other key decision makers 
     indicating whether the agency has prioritized certain 
     modernization programs or considered trade-offs (such as 
     deferring or cancelling specific modernization programs)''. 
     Instead, the budget estimate of the Department of Energy for 
     nuclear modernization activities during the period of fiscal 
     years 2021 through 2025 was $81,000,000,000--$15,000,000,000 
     more than the 2020 budget estimate of the Department for the 
     same period.
       (9) A December 2020 Congressional Budget Office analysis 
     showed that the projected costs of nuclear forces over the 
     next decade can be reduced by $12,400,000,000 to 
     $13,600,000,000 by trimming back current plans, while still 
     maintaining a triad of delivery systems. Even larger savings 
     would accrue over the subsequent decade.
       (10) The Department of Defense's June 2013 nuclear policy 
     guidance entitled ``Report on Nuclear Employment Strategy of 
     the United States'' found that force levels under the April 
     2010 Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms between the United 
     States and the Russian Federation (commonly known as the 
     ``New START Treaty'') ``are more than adequate for what the 
     United States needs to fulfill its national security 
     objectives'' and can be reduced by up to \1/3\ below levels 
     under the New START Treaty to 1,000 to 1,100 warheads.
       (11) Former President Trump expanded the role of, and 
     spending on, nuclear weapons in United States policy at the 
     same time that he withdrew from, unsigned, or otherwise 
     terminated a series of important arms control and 
     nonproliferation agreements.
       (c) Reductions in Nuclear Forces.--
       (1) Reduction of nuclear-armed submarines.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2024 or any fiscal year thereafter for the Department of 
     Defense may be obligated or expended for purchasing more than 
     eight Columbia-class submarines.
       (2) Reduction of ground-based missiles.--Notwithstanding 
     any other provision of law, beginning in fiscal year 2024, 
     the forces of the Air Force shall include not more than 150 
     intercontinental ballistic missiles.
       (3) Reduction of deployed strategic warheads.--
     Notwithstanding any other provision of law, beginning in 
     fiscal year 2024, the forces of the United States Military 
     shall include not more than 1,000 deployed strategic 
     warheads, as that term is defined in the New START Treaty.
       (4) Limitation on new long-range penetrating bomber 
     aircraft.--Notwithstanding any other provision of law, none 
     of the funds authorized to be appropriated or otherwise made 
     available for any of fiscal

[[Page S2533]]

     years 2024 through 2028 for the Department of Defense may be 
     obligated or expended for purchasing more than 80 B-21 long-
     range penetrating bomber aircraft.
       (5) Prohibition on f-35 nuclear mission.--Notwithstanding 
     any other provision of law, none of the funds authorized to 
     be appropriated or otherwise made available for fiscal year 
     2024 or any fiscal year thereafter for the Department of 
     Defense or the Department of Energy may be used to make the 
     F-35 Joint Strike Fighter aircraft capable of carrying 
     nuclear weapons.
       (6) Prohibition on new air-launched cruise missile.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2024 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of the long-range stand-off 
     weapon or any other new air-launched cruise missile or for 
     the W80 warhead life extension program.
       (7) Prohibition on new intercontinental ballistic 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2024 or any fiscal year thereafter 
     for the Department of Defense may be obligated or expended 
     for the research, development, test, and evaluation or 
     procurement of the LGM-35 Sentinel, previously known as the 
     ground-based strategic deterrent, or any new intercontinental 
     ballistic missile.
       (8) Termination of uranium processing facility.--
     Notwithstanding any other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2024 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the Uranium Processing Facility 
     located at the Y-12 National Security Complex, Oak Ridge, 
     Tennessee.
       (9) Prohibition on procurement and deployment of new low-
     yield warhead.--Notwithstanding any other provision of law, 
     none of the funds authorized to be appropriated or otherwise 
     made available for fiscal year 2024 or any fiscal year 
     thereafter for the Department of Defense or the Department of 
     Energy may be obligated or expended to deploy the W76-2 low-
     yield nuclear warhead or any other low-yield or nonstrategic 
     nuclear warhead.
       (10) Prohibition on new submarine-launched cruise 
     missile.--Notwithstanding any other provision of law, none of 
     the funds authorized to be appropriated or otherwise made 
     available for fiscal year 2024 or any fiscal year thereafter 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the research, development, test, 
     and evaluation or procurement of a new submarine-launched 
     cruise missile capable of carrying a low-yield or 
     nonstrategic nuclear warhead, as the 2022 Nuclear Posture 
     Review found this system ``no longer necessary''.
       (11) Limitation on plutonium pit production.--
       (A) In general.--Notwithstanding any other provision of 
     law, none of the funds authorized to be appropriated or 
     otherwise made available for fiscal year 2024 or any fiscal 
     year thereafter for the Department of Defense or the 
     Department of Energy may be obligated or expended for 
     expanding production of plutonium pits at the Los Alamos 
     National Laboratory, Los Alamos, New Mexico, or the Savannah 
     River Site, South Carolina, until the Administrator for 
     Nuclear Security submits to the appropriate committees of 
     Congress an integrated master schedule and total estimated 
     cost for the National Nuclear Security Administration's 
     overall plutonium pit production effort during the period of 
     2025 through 2035.
       (B) Requirements for schedule.--The schedule required to be 
     submitted under paragraph (1) shall--
       (i) include timelines, resources, and budgets for planned 
     work; and
       (ii) be consistent with modern management standards and 
     best practices as described in guidelines of the Government 
     Accountability Office.
       (12) Prohibition on sustainment of b83-1 bomb.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2024 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the sustainment of the B83-1 bomb, 
     as the 2022 Nuclear Posture Review declared the B83-1 ``will 
     be retired''.
       (13) Prohibition on space-based missile defense.--
     Notwithstanding other provision of law, none of the funds 
     authorized to be appropriated or otherwise made available for 
     fiscal year 2024 or any fiscal year thereafter for the 
     Department of Defense or the Department of Energy may be 
     obligated or expended for the research, development, test, 
     and evaluation or procurement of a space-based missile 
     defense system.
       (14) Prohibition on the w-93 warhead.--Notwithstanding any 
     other provision of law, none of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2024 
     or any fiscal year thereafter for the Department of Defense 
     or the Department of Energy may be obligated or expended for 
     the procurement and deployment of a W-93 warhead on a 
     submarine launched ballistic missile.
       (d) Reports Required.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Energy shall jointly submit to the 
     appropriate committees of Congress a report outlining the 
     plan of each Secretary to carry out subsection (c).
       (2) Annual report.--Not later than March 1, 2024, and 
     annually thereafter, the Secretary of Defense and the 
     Secretary of Energy shall jointly submit to the appropriate 
     committees of Congress a report outlining the plan of each 
     Secretary to carry out subsection (c), including any updates 
     to previously submitted reports.
       (3) Annual nuclear weapons accounting.--Not later than 
     September 30, 2024, and annually thereafter, the President 
     shall transmit to the appropriate committees of Congress a 
     report containing a comprehensive accounting by the Director 
     of the Office of Management and Budget of the amounts 
     obligated and expended by the Federal Government for each 
     nuclear weapon and related nuclear program during--
       (A) the fiscal year covered by the report; and
       (B) the life cycle of such weapon or program.
       (4) Cost estimate report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of Energy shall jointly submit to 
     the appropriate committees of Congress a report outlining the 
     estimated cost savings that result from carrying out 
     subsection (c).
       (e) 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, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, the 
     Committee on Energy and Commerce, and the Committee on 
     Natural Resources of the House of Representatives.
                                 ______
                                 
  SA 347. Mr. MARKEY 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. ___. RESTRICTION ON FIRST-USE NUCLEAR STRIKES.

       (a) Findings and Declaration of Policy.--
       (1) Findings.--Congress finds the following:
       (A) The Constitution gives Congress the sole power to 
     declare war.
       (B) The framers of the Constitution understood that the 
     monumental decision to go to war, which can result in massive 
     death and the destruction of civilized society, must be made 
     by the representatives of the people and not by a single 
     person.
       (C) As stated by section 2(c) of the War Powers Resolution 
     (Public Law 93-148; 50 U.S.C. 1541), ``the constitutional 
     powers of the President as Commander-in-Chief to introduce 
     United States Armed Forces into hostilities, or into 
     situations where imminent involvement in hostilities is 
     clearly indicated by the circumstances, are exercised only 
     pursuant to (1) a declaration of war, (2) specific statutory 
     authorization, or (3) a national emergency created by attack 
     upon the United States, its territories or possessions, or 
     its armed forces''.
       (D) Nuclear weapons are uniquely powerful weapons that have 
     the capability to instantly kill millions of people, create 
     long-term health and environmental consequences throughout 
     the world, directly undermine global peace, and put the 
     United States at existential risk from retaliatory nuclear 
     strikes.
       (E) A first-use nuclear strike carried out by the United 
     States would constitute a major act of war.
       (F) A first-use nuclear strike conducted absent a 
     declaration of war by Congress would violate the 
     Constitution.
       (G) The President has the sole authority to authorize the 
     use of nuclear weapons, an order which military officers of 
     the United States must carry out in accordance with their 
     obligations under the Uniform Code of Military Justice.
       (H) Given its exclusive power under the Constitution to 
     declare war, Congress must provide meaningful checks and 
     balances to the President's sole authority to authorize the 
     use of a nuclear weapon.
       (2) Declaration of policy.--It is the policy of the United 
     States that no first-use nuclear strike should be conducted 
     absent a declaration of war by Congress.
       (b) Prohibition on Conduct of First-use Nuclear Strikes.--
       (1) Prohibition.--No Federal funds may be obligated or 
     expended to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a war declared by Congress 
     that expressly authorizes such strike.
       (2) First-use nuclear strike defined.--In this section, the 
     term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the Secretary of Defense and the

[[Page S2534]]

     Chairman of the Joint Chiefs of Staff first confirming to the 
     President that there has been a nuclear strike against the 
     United States, its territories, or its allies (as specified 
     in section 3(b)(2) of the Arms Export Control Act (22 U.S.C. 
     2753(b)(2))).
                                 ______
                                 
  SA 348. Mr. HICKENLOOPER (for himself, Mr. Scott of South Carolina, 
Mr. Ossoff, and Ms. Collins) 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 XII, insert 
     the following:

     SEC. ___. ESTABLISHMENT OF JOHN LEWIS CIVIL RIGHTS FELLOWSHIP 
                   PROGRAM.

       (a) In General.--The Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       ``(a) Establishment.--There is established the John Lewis 
     Civil Rights Fellowship Program (referred to in this section 
     as the `Fellowship Program') within the J. William Fulbright 
     Educational Exchange Program.
       ``(b) Purposes.--The purposes of the Fellowship Program 
     are--
       ``(1) to honor the legacy of Representative John Lewis by 
     promoting a greater understanding of the history and tenets 
     of nonviolent civil rights movements; and
       ``(2) to advance foreign policy priorities of the United 
     States by promoting studies, research, and international 
     exchange in the subject of nonviolent movements that 
     established and protected civil rights around the world.
       ``(c) Administration.--The Bureau of Educational and 
     Cultural Affairs (referred to in this section as the 
     `Bureau') shall administer the Fellowship Program in 
     accordance with policy guidelines established by the Board, 
     in consultation with the binational Fulbright Commissions and 
     United States Embassies.
       ``(d) Selection of Fellows.--
       ``(1) In general.--The Board shall annually select 
     qualified individuals to participate in the Fellowship 
     Program. The Bureau may determine the number of fellows 
     selected each year, which, whenever feasible, shall be not 
     fewer than 25.
       ``(2) Outreach.--
       ``(A) In general.--To the extent practicable, the Bureau 
     shall conduct outreach at institutions, including--
       ``(i) minority serving institutions, including historically 
     Black colleges and universities; and
       ``(ii) other appropriate institutions, as determined by the 
     Bureau.
       ``(B) Definitions.--In this paragraph:
       ``(i) Historically black college and university.--The term 
     `historically Black college and university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(ii) Minority serving institution.--The term `minority-
     serving institution' means an eligible institution under 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(e) Fellowship Orientation.--Annually, the Bureau shall 
     organize and administer a fellowship orientation, which 
     shall--
       ``(1) be held in Washington, D.C., or at another location 
     selected by the Bureau; and
       ``(2) include programming to honor the legacy of 
     Representative John Lewis.
       ``(f) Structure.--
       ``(1) Work plan.--To carry out the purposes described in 
     subsection (b)--
       ``(A) each fellow selected pursuant to subsection (d) shall 
     arrange an internship or research placement--
       ``(i) with a nongovernmental organization, academic 
     institution, or other organization approved by the Bureau; 
     and
       ``(ii) in a country with an operational Fulbright U.S. 
     Student Program; and
       ``(B) the Bureau shall, for each fellow, approve a work 
     plan that identifies the target objectives for the fellow, 
     including specific duties and responsibilities relating to 
     those objectives.
       ``(2) Conferences; presentations.--Each fellow shall--
       ``(A) attend a fellowship orientation organized and 
     administered by the Bureau under subsection (e);
       ``(B) not later than the date that is 1 year after the end 
     of the fellowship period, attend a fellowship summit 
     organized and administered by the Bureau, which--
       ``(i) whenever feasible, shall be held in Atlanta, Georgia, 
     or another location of importance to the civil rights 
     movement in the United States; and
       ``(ii) may coincide with other events facilitated by the 
     Bureau; and
       ``(C) at such summit, give a presentation on lessons 
     learned during the period of fellowship.
       ``(3) Fellowship period.--Each fellowship under this 
     section shall continue for a period determined by the Bureau, 
     which, whenever feasible, shall be not fewer than 10 months.
       ``(g) Fellowship Award.--The Bureau shall provide each 
     fellow under this section with an allowance that is equal to 
     the amount needed for--
       ``(1) the reasonable costs of the fellow during the 
     fellowship period; and
       ``(2) travel and lodging expenses related to attending the 
     orientation and summit required under subsection (e)(2).
       ``(h) Annual Report.--Not later than 1 year after the date 
     of the completion of the Fellowship Program by the initial 
     cohort of fellows selected under subsection (d), and annually 
     thereafter, 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 implementation of the Fellowship Program, including--
       ``(1) a description of the demographics of the cohort of 
     fellows who completed a fellowship during the preceding 1-
     year period;
       ``(2) a description of internship and research placements, 
     and research projects selected by such cohort, under the 
     Fellowship Program, including feedback from--
       ``(A) such cohort on implementation of the Fellowship 
     Program; and
       ``(B) the Secretary on lessons learned; and
       ``(3) an analysis of trends relating to the diversity of 
     each cohort of fellows and the topics of projects completed 
     since the establishment of the Fellowship Program.''.
       (b) Technical and Conforming Amendments to the Mutual 
     Educational and Cultural Exchange Act of 1961.--Section 
     112(a) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2460(a)) is amended--
       (1) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(10) the John Lewis Civil Rights Fellowship Program 
     established under section 115, which provides funding for 
     international internships and research placements for early- 
     to mid-career individuals from the United States to study 
     nonviolent civil rights movements in self-arranged placements 
     with universities or nongovernmental organizations in foreign 
     countries.''.
                                 ______
                                 
  SA 349. Mr. HICKENLOOPER (for himself and Mr. Bennet) 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 1509.
                                 ______
                                 
  SA 350. Mr. CORNYN (for himself, Mr. Whitehouse, and 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, insert the following

     SEC. ___. TREATMENT OF EXEMPTIONS UNDER FARA.

       (a) Definition.--Section 1 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611) is 
     amended by adding at the end the following:
       ``(q) The term `country of concern' means--
       ``(1) the People's Republic of China;
       ``(2) the Russian Federation;
       ``(3) the Islamic Republic of Iran;
       ``(4) the Democratic People's Republic of Korea;
       ``(5) the Republic of Cuba; and
       ``(6) the Syrian Arab Republic.''.
       (b) Exemptions.--Section 3 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 613), is 
     amended, in the matter preceding subsection (a), by inserting 
     ``, except that the exemptions under subsections (d)(1) and 
     (h) shall not apply to any agent of a foreign principal that 
     is a country of concern'' before the colon.
       (c) Sunset.--The amendments made by subsections (a) and (b) 
     shall terminate on October 1, 2025.
                                 ______
                                 
  SA 351. Ms. STABENOW (for herself and Mr. Thune) 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 XXXI, add the following:

     SEC. 31___. DEPARTMENT OF ENERGY STUDY ON ESTABLISHING 
                   NATIONAL STRATEGIC PROPANE RESERVE.

       (a) Study.--

[[Page S2535]]

       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Administrator of the Energy Information 
     Administration, shall complete a study to determine the 
     feasibility and effectiveness of establishing a national 
     strategic propane reserve, separate from the Strategic 
     Petroleum Reserve established under part B of title I of the 
     Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.).
       (2) Elements.--The study under paragraph (1) shall 
     include--
       (A) an assessment of the current state of the propane 
     supply chain in the United States to meet current and 
     forecasted consumer demands;
       (B) an assessment of the risks of regional propane supply 
     disruptions, including--
       (i) past causes of disruptions;
       (ii) possible causes of disruptions in the future; and
       (iii) whether disruptions justify the establishment of a 
     national strategic propane reserve;
       (C) an evaluation of--
       (i) appropriate and most suitable locations for a strategic 
     propane reserve;
       (ii) the quantity of propane storage that would be 
     appropriate at each such location; and
       (iii) the suitability of existing infrastructure to 
     facilitate transportation and delivery of propane from a 
     strategic propane reserve during a drawdown;
       (D) an evaluation of the additional infrastructure needed 
     for a strategic propane reserve to function properly;
       (E) consideration of the means by which a strategic propane 
     reserve would prevent and manage degradation of the propane 
     in storage;
       (F) an evaluation of appropriate triggers (including price 
     and supply) for making available propane from a strategic 
     reserve;
       (G) an evaluation of the appropriate manner of acquiring 
     propane and propane storage for a strategic reserve, while 
     minimizing market implications, including an assessment of--
       (i) unutilized and under-utilized storage; and
       (ii) new storage opportunities;
       (H) an evaluation of the appropriate transactions 
     (including direct sales, exchanges, or other options) for 
     delivering propane in a strategic reserve to the market when 
     a release is triggered;
       (I) an evaluation of likely consumers (including 
     individuals, agricultural producers, and the Armed Forces) of 
     propane from a strategic reserve, including--
       (i) identification and categorization of those consumers;
       (ii) a State-by-State breakdown of propane usage by those 
     consumers; and
       (iii) an evaluation of the expected impacts of a strategic 
     propane reserve on those categories of consumers and States;
       (J) an evaluation of the market implications of 
     establishing and administering a strategic propane reserve, 
     including an assessment of potential price and supply 
     effects; and
       (K) identification, preliminary assessment, and evaluation 
     of alternatives to a strategic propane reserve that could 
     provide supply and price relief during regional propane 
     supply disruptions.
       (3) Recommendations.--In conducting the study under this 
     subsection, the Secretary of Energy shall develop 
     recommendations with respect to each element of the study 
     described in paragraph (2) regarding--
       (A) whether a national strategic propane reserve should be 
     established; and
       (B) if such a reserve should be established, the most 
     practicable method of establishment.
       (b) Plan.--Not later than 180 days after the date of 
     completion of the study under subsection (a), the Secretary 
     of Energy shall develop a plan for implementing the 
     recommendations developed under paragraph (3) of that 
     subsection.
       (c) Industry Coordination.--In conducting the study under 
     subsection (a) and developing the plan under subsection (b), 
     the Secretary of Energy is encouraged to coordinate with 
     entities in the propane industry, including representatives 
     from the entire propane supply chain.
       (d) Submission to Congress.--The Secretary of Energy shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report describing--
       (1) the study completed under subsection (a); and
       (2) the plan developed under subsection (b).
       (e) Protection of National Security Information.--Before 
     submitting the report under subsection (d), or otherwise 
     publishing the study completed under subsection (a) or the 
     plan developed under subsection (b), the Secretary of Energy 
     shall adopt such procedures with respect to confidentiality 
     (including procedures for redaction of information) as the 
     Secretary determines to be necessary to ensure the protection 
     of classified information relating to specific 
     vulnerabilities to United States energy security or 
     reliability.
                                 ______
                                 
  SA 352. Mr. WHITEHOUSE (for himself and Mr. Cornyn) 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__. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND 
                   CORRUPTION.

       Section 101 of the National Security Act of 1947 (50 U.S.C. 
     3021) is amended--
       (1) 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) coordinate, without assuming operational authority, 
     the United States Government efforts to identify and seize 
     assets that are the proceeds of corruption pertaining to 
     China, Iran, North Korea, Russia, or any other country of 
     concern and identifying the national security implications of 
     strategic corruption in such countries.''.
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) Coordinator for Combating Foreign Kleptocracy and 
     Corruption.--
       ``(1) In general.--The President shall designate an 
     employee of the National Security Council to be responsible 
     for--
       ``(A) the coordination of the interagency process for 
     identifying and seizing assets that are the proceeds of 
     corruption pertaining to China, Iran, North Korea, Russia, or 
     any other country of concern; and
       ``(B) identifying the national security implications of 
     strategic corruption in such countries.
       ``(2) Responsibilities.--In addition to coordination and 
     identification described in paragraph (1), the employee 
     designated pursuant to paragraph (1) shall be responsible for 
     the following:
       ``(A) Coordinating and deconflicting anti-corruption and 
     counter-kleptocracy initiatives across the Federal 
     Government, including those at the Department of State, the 
     Department of Justice, and the United States Agency for 
     International Development.
       ``(B) Informing deliberations of the Council by 
     highlighting the wide-ranging and destabilizing effects of 
     corruption on a variety of issues, including drug 
     trafficking, arms trafficking, sanctions evasion, cybercrime, 
     voting rights and global democracy initiatives, and other 
     matters of concern to the Council.
       ``(3) Coordination with coordinator for combating malign 
     foreign influence operations and campaigns.--The employee 
     designated under paragraph (1) of this subsection shall 
     coordinate with the employee designated under subsection 
     (g)(1).
       ``(4) Liaison.--The employee designated under paragraph (1) 
     shall serve as a liaison, for purposes of coordination 
     described in such paragraph and paragraph (2)(A), with the 
     following:
       ``(A) The Department of the Treasury.
       ``(B) The Department of Justice.
       ``(C) The Department of Defense.
       ``(D) The intelligence community.
       ``(E) The Department of State.
       ``(F) The United States Agency for International 
     Development.
       ``(G) Good government transparency groups in civil 
     society.''.
                                 ______
                                 
  SA 353. Mr. WHITEHOUSE (for himself and 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 X, insert the following:

     SEC. ___. AMENDMENT TO DEPARTMENT OF STATE REWARDS PROGRAM.

       Section 36(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2708(b)) is amended--
       (1) in paragraph (13), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(15) the identification or location of any person that--
       ``(A) knowingly, directly or indirectly, imports, exports, 
     or reexports to, into, or from any country any good, service, 
     or technology controlled for export by the United States 
     because of the use of such good, service, or technology in 
     contravention of a sanction imposed by the United States or 
     the United Nations; or
       ``(B) knowingly, directly or indirectly, provides training, 
     advice, or other services or assistance, or engages in 
     significant financial transactions, relating to any such 
     good, service, or technology in contravention of such 
     sanction.''.
                                 ______
                                 
  SA 354. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for

[[Page S2536]]

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__. AUTHORITY FOR MANAGEMENT OF CERTAIN RECREATIONAL 
                   RESOURCES IN CALIFORNIA THROUGH COOPERATIVE 
                   AGREEMENTS.

       (a) In General.--Section 2684 of title 10, United States 
     Code, is amended--
       (1) in the section header, by inserting ``and 
     recreational'' after ``cultural'';
       (2) in subsection (a)--
       (A) in the first sentence--
       (i) by inserting ``or recreational resources'' after 
     ``cultural resources''; and
       (ii) by striking ``the cultural resources'' and inserting 
     ``those resources''; and
       (B) in the second sentence, by inserting ``, if any funds 
     are required'' before the period at the end;
       (3) in subsection (b)--
       (A) in the subsection header, by striking ``Cultural 
     Resources''; and
       (B) by striking ``cultural''; and
       (4) in subsection (d)--
       (A) by amending the subsection header to read as follows: 
     ``Definitions.--'';
       (B) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and moving those 
     subparagraphs, as so redesignated, two ems to the right;
       (C) by striking ``In this section, the term'' and inserting 
     ``In this section:
       ``(1) The term''; and
       (D) by adding at the end the following new paragraph:
       ``(2) The term `recreational resource' means a site that is 
     included in the state seashore of California, as described in 
     section 5001.6 of the Public Resources Code of California, or 
     successor similar provision, and will be operated as a park 
     unit in the California State Park system by the California 
     Department of Parks and Recreation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 159 of such title is amended by striking 
     the item relating to section 2684 and inserting the following 
     new item:

``2684. Cooperative agreements for management of cultural and 
              recreational resources.''.
                                 ______
                                 
  SA 355. Mr. MARKEY 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 XV, insert the following:

     SEC. ___. REQUIREMENT FOR MEANINGFUL HUMAN CONTROL TO LAUNCH 
                   NUCLEAR WEAPONS.

       The Secretary of Defense shall ensure that meaningful human 
     control is required to launch any nuclear weapon.
                                 ______
                                 
  SA 356. Mr. COTTON 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. REFERENCE TO AMERICA'S COLD WAR CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) The BAFB Cold War Museum, Inc., a nonprofit corporation 
     under section 501(c)(3) of the Internal Revenue Code of 1986, 
     is responsible for the finances and management of the 
     National Cold War Museum at Blytheville/Eaker Air Force Base 
     in Blytheville, Arkansas.
       (2) The National Cold War Center, located on the 
     Blytheville/Eaker Air Force Base, will be recognized as a 
     major tourist attraction in Arkansas that will provide an 
     immersive and authoritative experience in informing, 
     interpreting, and honoring the legacy of the Cold War.
       (3) The Blytheville/Eaker Air Force Base has the only 
     intact, publicly accessible Alert Facility and Weapons 
     Storage Facility in the United States.
       (4) There is an urgent need to preserve the stories, 
     artifacts, and heroic achievements of the Cold War.
       (5) The United States has a need to preserve forever the 
     knowledge and history of the United States' achievements in 
     the Cold War century and to portray that history to citizens, 
     visitors, and school children for centuries to come.
       (6) The National Cold War Center seeks to educate a diverse 
     group of audiences through its collection of artifacts, 
     photographs, and firsthand personal accounts of the 
     participants in the war on the home front.
       (b) Purposes.--The purposes of this section are--
       (1) to authorize references to the museum located at 
     Blytheville/Eaker Air Force Base in Blytheville, Arkansas, 
     including its future and expanded exhibits, collections, and 
     educational programs, as the ``National Cold War Center'';
       (2) to ensure the continuing preservation, maintenance, and 
     interpretation of the artifacts, documents, images, and 
     history collected by the Center;
       (3) to enhance the knowledge of the American people of the 
     experience of the United States during the Cold War years;
       (4) to provide and support a facility for the public 
     display of the artifacts, photographs, and personal histories 
     of the Cold War years; and
       (5) to ensure that all future generations understand the 
     sacrifices made to preserve freedom and democracy, and the 
     benefits of peace for all future generations in the 21st 
     century and beyond.
       (a) Reference.--The museum located at Blytheville/Eaker Air 
     Force Base in Blytheville, Arkansas, is hereby authorized to 
     be referred to as the ``National Cold War Center''.
                                 ______
                                 
  SA 357. Mr. LEE (for himself and Mr. Padilla) 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. PROTECTION AND LEGAL PREPAREDNESS FOR 
                   SERVICEMEMBERS ABROAD.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Secretary of State, shall seek to ensure that 
     members of the Armed Forces stationed in each foreign country 
     with which the United States maintains a Status of Forces 
     Agreement are afforded, at a minimum:
       (1) the right to legal counsel for his or her defense, in 
     accordance with the Status of Forces Agreement or other 
     binding law or agreement with another country;
       (2) access to competent language translation services;
       (3) a prompt and speedy trial;
       (4) the right to be confronted with the witnesses against 
     him or her; and
       (5) a compulsory process for obtaining witnesses in his or 
     her favor if they are within the foreign country's 
     jurisdiction.
       (b) Review Required.--Not later than December 31, 2024, the 
     Secretary of Defense, in collaboration with the Secretary of 
     State, shall--
       (1) review the 10 largest foreign countries by United 
     States Armed Forces presence and evaluate local legal 
     systems, protections afforded by bilateral agreements between 
     the United States and countries being evaluated, and how the 
     rights and privileges afforded under such agreements may 
     differ from United States law; and
       (2) brief the Committee on Armed Services and the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate on the findings of the review.
       (c) Training Required.--The Secretary of Defense shall 
     review and improve as necessary training and educational 
     materials for members of the Armed Forces, their spouses, and 
     dependents, as appropriate, who are stationed in a country 
     reviewed pursuant to subsection (b)(1) regarding relevant 
     foreign laws, how such foreign laws may differ from the laws 
     of the United States, and the rights of accused in common 
     scenarios under such foreign laws.
       (d) Translation Standards and Readiness.--The Secretary of 
     Defense, in coordination with the Secretary of State, shall 
     review foreign language standards for servicemembers and 
     employees of the Department of Defense and Department of 
     State who are responsible for providing foreign language 
     translation services in situations involving foreign law 
     enforcement where a servicemember may be being detained, to 
     ensure such persons maintain an appropriate proficiency in 
     the legal terminology and meaning of essential terms in a 
     relevant language.
                                 ______
                                 
  SA 358. Mr. DURBIN (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 end of title X, add the following:

                Subtitle H--Keep STEM Talent Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the `` `Keep STEM Talent Act 
     of 2023' ''.

[[Page S2537]]

  


     SEC. 1092. VISA REQUIREMENTS.

       (a) Graduate Degree Visa Requirements.--To be approved for 
     or maintain nonimmigrant status under section 101(a)(15)(F) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(F)), a student seeking to pursue an advanced 
     degree in a STEM field (as defined in section 
     201(b)(1)(F)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)(F)(ii))) (as amended by section 1093(a)) 
     for a degree at the master's level or higher at a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) must apply for admission prior to beginning such 
     advanced degree program.
       (b) Strengthened Vetting Process.--The Secretary of 
     Homeland Security and the Secretary of State shall establish 
     procedures to ensure that aliens described in subsection (a) 
     are admissible pursuant to section 212(a)(3)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)). 
     Such procedures shall ensure that such aliens seeking 
     admission from within the United States undergo verification 
     of academic credentials, comprehensive background checks, and 
     interviews in a manner equivalent to that of an alien seeking 
     admission from outside of the United States. To the greatest 
     extent practicable, the Secretary of Homeland Security and 
     the Secretary of State shall also take steps to ensure that 
     such applications for admission are processed in a timely 
     manner to allow the pursuit of graduate education.
       (c) Reporting Requirement.--The Secretary of Homeland 
     Security and the Secretary of State shall submit an annual 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives detailing the implementation and 
     effectiveness of the requirement for foreign graduate 
     students pursuing advanced degrees in STEM fields to seek 
     admission prior to pursuing a graduate degree program. The 
     report shall include data on visa application volumes, 
     processing times, security outcomes, and economic impacts.

     SEC. 1093. LAWFUL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ADVANCED STEM DEGREE HOLDERS.

       (a) Aliens Not Subject to Direct Numerical Limitations.--
     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)(i) Aliens who--
       ``(I) have earned a degree in a STEM field at the master's 
     level or higher while physically present in the United States 
     from a United States institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     ( 20 U.S.C. 1001(a))) accredited by an accrediting entity 
     recognized by the Department of Education;
       ``(II) have an offer of employment from, or are employed 
     by, a United States employer to perform work that is directly 
     related to such degree at a rate of pay that is higher than 
     the median wage level for the occupational classification in 
     the area of employment, as determined by the Secretary of 
     Labor; and
       ``(III) have an approved labor certification under section 
     212(a)(5)(A)(i); or
       ``(IV) are the spouses and children of aliens described in 
     subclauses (I) through (III) who are accompanying or 
     following to join such aliens.
       ``(ii) In this subparagraph, the term `STEM field' means a 
     field of science, technology, engineering, or mathematics 
     described in the most recent version of the Classification of 
     Instructional Programs of the Department of Education 
     taxonomy under the summary group of--

       ``(I) computer and information sciences and support 
     services;
       ``(II) engineering;
       ``(III) mathematics and statistics;
       ``(IV) biological and biomedical sciences;
       ``(V) physical sciences;
       ``(VI) agriculture sciences; or
       ``(VII) natural resources and conservation sciences.''.

       (b) Procedure for Granting Immigration Status.--Section 
     204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(F)) is amended--
       (1) by striking ``203(b)(2)'' and all that follows through 
     ``Attorney General''; and
       (2) by inserting ``203(b)(2), 203(b)(3), or 201(b)(1)(F) 
     may file a petition with the Secretary of Homeland 
     Security''.
       (c) Labor Certification.--Section 212(a)(5)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(D)) is 
     amended by inserting ``section 201(b)(1)(F) or under'' after 
     ``adjustment of status under''.
       (d) Dual Intent for F Nonimmigrants Seeking Advanced STEM 
     Degrees at United States Institutions of Higher Education.--
     Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i) 
     and1184(b)), an alien who is a bona fide student admitted to 
     a program in a STEM field (as defined in subparagraph (F)(ii) 
     of section 201(b)(1) of the Immigration and Nationality Act 
     (8 U.S.C. 1151(b)(1))) for a degree at the master's level or 
     higher at a United States institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) accredited by an accrediting entity 
     recognized by the Department of Education may obtain a 
     student visa, be admitted to the United States as a 
     nonimmigrant student, or extend or change nonimmigrant status 
     to pursue such degree even if such alien seeks lawful 
     permanent resident status in the United States. Nothing in 
     this subsection may be construed to modify or amend section 
     101(a)(15)(F)(i) or 214(b) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(F)(i) or 1184(b)), or any 
     regulation interpreting these authorities for an alien who is 
     not described in this subsection.
                                 ______
                                 
  SA 359. Mr. DURBIN (for himself 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 title I, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF C-40 
                   AIRCRAFT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2024 for the Air 
     Force may be obligated to retire, prepare to retire, or place 
     in storage or on backup aircraft inventory status any C-40 
     aircraft.
       (b) Exception.--
       (1) In general.--The limitation under subsection (a) shall 
     not apply to an individual C-40 aircraft that the Secretary 
     of the Air Force determines, on a case-by-case basis, to be 
     no longer mission capable because of a Class A mishap.
       (2) Certification required.--If the Secretary determines 
     under paragraph (1) that an aircraft is no longer mission 
     capable, the Secretary shall submit to the congressional 
     defense committees a certification that the status of such 
     aircraft is due to a Class A mishap and not due to lack of 
     maintenance or repairs or other reasons.
                                 ______
                                 
  SA 360. Mr. SULLIVAN 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 1299K and insert the following:

     SEC. 1299K. MODIFICATION OF FOREIGN MILITARY SALES 
                   PROCESSING.

       (a) Deadlines.--
       (1) Responses.--
       (A) Letters of request for pricing and availability.--The 
     Secretary of Defense shall ensure that an eligible foreign 
     purchaser that has submitted a letter of request for pricing 
     and availability data receives a response to the letter not 
     later than 45 days after the date on which the letter is 
     received by a United States security cooperation 
     organization, the Defense Security Cooperation Agency, or 
     other implementing agency.
       (B) Letters of request for letters of offer and 
     acceptance.--The Secretary of Defense and the Secretary of 
     State shall ensure that an eligible foreign purchaser that 
     has submitted a letter of request for a letter of offer and 
     acceptance receives a response--
       (i) in the case of a letter of request for a blanket-order 
     letter of offer and acceptance, cooperative logistics supply 
     support arrangements, or associated amendments and 
     modifications, not later than 45 days after the date on which 
     the letter of request is received by a United States security 
     cooperation organization, the Defense Security Cooperation 
     Agency, or other implementing agency;
       (ii) in the case of a letter of request for a defined-order 
     letter of offer and acceptance or associated amendments and 
     modifications, not later than 100 days after such date; and
       (iii) in the case of a letter of request for a defined-
     order letter of offer and acceptance or associated amendments 
     that involve extenuating factors, as approved by the Director 
     of the Defense Security Cooperation Agency, not later than 
     150 days after such date.
       (C) Waiver.--The Secretary of Defense may waive 
     subparagraphs (A) and (B) if--
       (i) such a waiver is in the national security interests of 
     the United States; and
       (ii) not later than 5 days after exercising such waiver 
     authority, the Secretary provides to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives notice of the exercise of 
     such authority, including an explanation of the one or more 
     reasons for failing to meet the applicable deadline.
       (2) Expansion of country prioritization.--With respect to 
     foreign military sales to member countries of the North 
     Atlantic Treaty Organization, major non-NATO allies, major 
     defense partners, and major security partners, the Secretary 
     of Defense may assign a Defense Priorities and Allocations 
     System order rating of DX (within the meaning of section 
     700.11 of title 15, Code of Federal Regulations (as in effect 
     on the date of the enactment of this Act)).
       (3) Definitions.--In this subsection:

[[Page S2538]]

       (A) Blanket-order letter of offer and acceptance.--The term 
     ``blanket-order letter of offer and acceptance'' means an 
     agreement between an eligible foreign purchaser and the 
     United States Government for a specific category of items or 
     services (including training) that--
       (i) does not include a definitive listing of items or 
     quantities; and
       (ii) specifies a maximum dollar amount against which orders 
     for defense articles and services may be placed.
       (B) Cooperative logistics supply support arrangement.--The 
     term ``cooperative logistics supply support arrangement'' 
     means a military logistics support arrangement designed to 
     provide responsive and continuous supply support at the depot 
     level for United States-made military materiel possessed by 
     foreign countries or international organizations.
       (C) Defined-order letter of offer and acceptance.--The term 
     ``defined-order letter of offer and acceptance'' means a 
     foreign military sales case characterized by an order for a 
     specific defense article or service that is separately 
     identified as a line item on a letter of offer and 
     acceptance.
       (D) Implementing agency.--The term ``implementing agency'' 
     means the military department or defense agency assigned, by 
     the Director of the Defense Security Cooperation Agency, the 
     responsibilities of--
       (i) preparing a letter of offer and acceptance;
       (ii) implementing a foreign military sales case; and
       (iii) carrying out the overall management of the activities 
     that--

       (I) will result in the delivery of the defense articles or 
     services set forth in the letter of offer and acceptance; and
       (II) was accepted by an eligible foreign purchaser.

       (E) Letter of request.--The term ``letter of request''--
       (i) means a written document--

       (I) submitted to a United States security cooperation 
     organization, the Defense Security Cooperation Agency, or an 
     implementing agency by an eligible foreign purchaser for the 
     purpose of requesting to purchase or otherwise obtain a 
     United States defense article or defense service through the 
     foreign military sales process; and
       (II) that contains all relevant information in such form as 
     may be required by the Secretary of Defense; and

       (ii) includes--

       (I) a formal letter;
       (II) an e-mail;
       (III) signed meeting minutes from a recognized official of 
     the government of an eligible foreign purchaser; and
       (IV) any other form of written document, as determined by 
     the Secretary of Defense or the Director of the Defense 
     Security Cooperation Agency.

       (F) Major defense partner.--The term ``major defense 
     partner'' means--
       (i) India; and
       (ii) any other country, as designated by the Secretary of 
     Defense.
       (G) Major non-nato ally.--The term ``major non-NATO 
     ally''--
       (i) has the meaning given the term in section 644 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2403)); and
       (ii) includes Taiwan, as required by section 1206 of the 
     Security Assistance Act of 2002 (Public Law 107-228; 22U.S.C. 
     2321k note).
       (H) Major security partner.--The term ``major security 
     partner'' means--
       (i) the United Arab Emirates;
       (ii) Bahrain;
       (iii) Saudi Arabia; and
       (iv) any other country, as designated by the Secretary of 
     Defense, in consultation with the Secretary of State and the 
     Director of National Intelligence.
       (b) Limitation on Period of Department of State 
     Consultation With Respect to Proposed Foreign Military Sales 
     to Certain Countries.--
       (1) In general.--Any period of consultation between the 
     Secretary of State and Congress with respect to a proposed 
     foreign military sale to Israel, Japan, the Republic of 
     Korea, New Zealand, Australia, or an eligible foreign 
     purchaser that is a member of the North Atlantic Treaty 
     Organization may not be longer than 10 days.
       (2) Notification.--In the case of a proposed foreign 
     military sale described in paragraph (1) for which the 10-day 
     period under that paragraph has elapsed without objection 
     from the Committee on Foreign Relations of the Senate or the 
     Committee on Foreign Affairs of the House of Representatives, 
     such sale shall be considered approved for formal 
     notification under section 36(c)(2) of the Arms Export 
     Control Act (22 U.S.C. 2776(c)(2)).
       (c) Limitations on Price Modifications for Sale of Defense 
     Articles or Services.--
       (1) In general.--With respect to the dollar amount of an 
     offer to sell or the sale of United States defense articles 
     or services developed by a military department and the 
     Defense Security Cooperation Agency for purposes of the 
     foreign military sales process documented in a letter of 
     offer to an eligible foreign purchaser and submitted to the 
     Secretary of State for review, the Secretary of Defense may 
     subsequently direct an increase of--
       (A) not more than 20 percent of such dollar amount to 
     account for supply chain disruptions, including the 
     unavailability of materials and inflation; and
       (B) not less than 20 percent of such dollar amount, subject 
     to review by the Foreign Military Sales Cost Review Board.
       (2) Foreign military sales cost review board.--
       (A) Establishment.--The Secretary of Defense shall 
     establish within the Department of Defense a board, to be 
     known as the ``Foreign Military Sales Cost Review Board'' (in 
     this paragraph referred to as the ``Board'')--
       (i) to review requests by the Director of the Defense 
     Security Cooperation Agency for an increase in the dollar 
     amount described in paragraph (1) that is more than 20 
     percent of the dollar amount documented in a letter of offer 
     and acceptance to an eligible foreign purchaser and submitted 
     to the Secretary of State for review; and
       (ii) to make recommendations to the Secretary of Defense as 
     to whether such an increase in such dollar amount should be 
     directed, and if so, the recommended amount of such increase 
     to be implemented.
       (B) Consultation.--The Board shall conduct reviews under 
     subparagraph (A)(i) in consultation with the eligible foreign 
     purchaser concerned.
       (3) Justification for price increase.--In the case of an 
     increase in the dollar amount described in paragraph (1), the 
     Secretary of Defense shall provide to the eligible foreign 
     purchaser and the primary defense industry provider concerned 
     documentation justifying such increase.
       (4) Report.--Beginning on December 15, 2025, and annually 
     thereafter, the Under Secretary of Defense for Acquisition 
     and Sustainment and the Under Secretary of Defense for Policy 
     shall submit a report, and provide a briefing, to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on each request for a dollar amount increase 
     reviewed by the Board during the fiscal year ending on 
     September 30 of the applicable year.
       (d) Clarification With Respect to Special Defense 
     Acquisition Fund.--Section 51 of the Arms Export Control Act 
     (22 U.S.C. 2795) is amended by adding at the end the 
     following new subsection:
       ``(d) Decisions with respect to the use of a portion of the 
     Fund for the acquisition of defense articles and defense 
     services in anticipation of their transfer pursuant to this 
     Act, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), or as otherwise authorized by law, to eligible foreign 
     countries and international organizations shall be made 
     independently of acquisition decisions relating to the 
     requirements of the United States Armed Forces.''.
       (e) Expedited Deliveries to Priority Foreign Purchasers.--
       (1) Acquisition strategies.--
       (A) In general.--With respect to a foreign country or 
     capability identified by the Secretary of Defense as a 
     regional or country-level foreign defense capability-building 
     priority, the Secretary shall establish a requirement that, 
     in developing letters of offer and acceptance, the 
     acquisition program office of each military department shall 
     develop, at program inception--
       (i) an acquisition strategy that documents the standard 
     acquisition path; and
       (ii) an acquisition strategy that documents the fastest 
     acquisition path.
       (B) Associated risk.--In developing each acquisition 
     strategy required by clauses (i) and (ii) of subparagraph 
     (A), the acquisition program office of the military 
     department concerned shall--
       (i) measure, and justify with respect to the urgency of 
     delivering a capability in full or in phases, the associated 
     risk, risk mitigation, and risk cost; and
       (ii) provide, in coordination with the appropriate regional 
     directorate of the Office of the Under Secretary of Defense 
     for Policy and the Director of the Defense Security 
     Cooperation Agency, to the acquisition leadership of such 
     military department a briefing on the results of the 
     measurements under clause (i).
       (C) Decision.--Not later than 30 days after the date of a 
     briefing under subparagraph (B)(ii), the acquisition 
     leadership of the military department concerned shall issue a 
     decision with respect to the acquisition strategy selected.
       (2) Input from eligible foreign purchaser.--
       (A) In general.--The Secretary of Defense shall ensure 
     that, in the development of acquisition strategies for 
     priority countries and capabilities under paragraph (1), the 
     foreign purchaser is provided an opportunity to provide input 
     with respect to risk tolerance.
       (B) Information sharing.--In carrying out subparagraph (A), 
     the Secretary of Defense shall ensure that a foreign 
     purchaser is briefed on risks identified, alternate 
     approaches that may be taken, and the schedule, cost, and 
     capability tradeoffs associated with such alternate 
     approaches.
       (C) Inclusion in briefing.--Foreign purchaser input 
     gathered under this paragraph shall be included in the 
     briefing required by paragraph (1)(B)(ii) and appropriately 
     weighted in making final a decision with respect to the 
     appropriate acquisition approach.
       (3) Agreements with manufacturers.--
       (A) In general.--The Secretary of Defense shall allow 
     United States companies to enter into agreements with 
     manufacturers to begin the process of acquiring long-lead 
     Government-furnished equipment on forecast.
       (B) High-demand systems.--United States companies that 
     produce high-demand systems shall purchase certain sensitive 
     and closely controlled items, such as communications security 
     devices, military grade

[[Page S2539]]

     GPS, and anti-spoofing devices, as Government-furnished 
     equipment.
       (C) Department of defense policy.--
       (i) In general.--The Secretary of Defense shall implement 
     policies, and ensure that the head of each military 
     department implements policies, that allow United States 
     companies to enter into agreements with manufacturers of 
     Government-furnished equipment so that production on long-
     lead Government-furnished equipment may begin before the 
     execution of a signed commercial contract or the issuance of 
     a letter of offer and acceptance.
       (ii) Elements.--The policies required by clause (i) shall 
     require that--

       (I) United States companies shall--

       (aa) before entering into an agreement under this 
     paragraph, obtain the concurrence or approval of the head of 
     the military department concerned to do so; and
       (bb) be responsible for--
       (AA) negotiating directly with the manufacturer of 
     Government-furnished equipment; and
       (BB) providing any payment to such manufacturer; and

       (II) transfer of Government-furnished equipment from such 
     manufacturer to the purchasing company shall not occur until 
     the date on which a letter of offer and acceptance or 
     commercial contract is produced.

       (D) Recovery of costs for certain sales.--In the case of 
     defense sales, purchasing companies may recoup costs 
     associated with ordering the Government-furnished equipment 
     described in the applicable letter of offer and acceptance.
       (f) Modifications to Reporting and Notification 
     Requirements for Foreign Military Sales.--Section 36 of the 
     Arms Export Control Act (22 U.S.C. 2776) is amended--
       (1) in subsection (a)--
       (A) in paragraph (11)(D), by striking ``; and'' and 
     inserting a semicolon;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; and''; and
       (C) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) with respect to each letter of offer listed under 
     paragraph (1), the date on which the corresponding letter of 
     request for a letter of offer and acceptance was 
     submitted.'';
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(7) In addition to the other information required to be 
     contained in a certification submitted to Congress under this 
     subsection, each such certification shall include the date on 
     which the corresponding letter of request for a letter of 
     offer and acceptance was submitted.''; and
       (3) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(7) In addition to the other information required to be 
     contained in a certification submitted to Congress under this 
     subsection, each such certification shall include the date on 
     which the corresponding letter of request for a letter of 
     offer and acceptance was submitted.''.
                                 ______
                                 
  SA 361. Mr. CORNYN (for himself and Mr. Padilla) 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. __. EISENHOWER EXCHANGE FELLOWSHIP USE OF INCOME.

       Section 6 of the Eisenhower Exchange Fellowship Act of 1990 
     (20 U.S.C. 5205) is amended by adding at the end the 
     following:
       ``(e) Strategy to Increase Latin American Participation.--
     In order to increase the impact of the Eisenhower Exchange 
     Fellowships program in developing societal leaders in Latin 
     America, the Department of State shall, not later than 180 
     days after the date of enactment of this subsection, publish 
     a strategy for increasing the number of applications received 
     from Latin American countries and the number of fellowships 
     awarded to applicants from Latin America.''.
                                 ______
                                 
  SA 362. Ms. ROSEN (for herself and 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. ___. CENTRALIZED WEBSITE FOR BUSINESS PERMIT AND 
                   LICENSING REQUIREMENTS.

       (a) Definitions.--In this section--
       (1) the term ``Director'' means the Director of the Office 
     of Entrepreneurship Education of the Small Business 
     Administration; and
       (2) the term ``small business concern'' has the meaning 
     given the term in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)).
       (b) Website.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish, and 
     thereafter the Director shall maintain, a publicly available 
     website that provides information regarding Federal, State, 
     and local business permitting and licensing requirements with 
     respect to the operation of a small business concern, which 
     shall be organized based on the location and type of small 
     business concern.
                                 ______
                                 
  SA 363. Mr. TESTER (for himself, Mr. Grassley, 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. DEPARTMENT OF AGRICULTURE OFFICE OF THE SPECIAL 
                   INVESTIGATOR FOR COMPETITION MATTERS.

       (a) In General.--The Department of Agriculture 
     Reorganization Act of 1994 is amended by inserting after 
     section 216 (7 U.S.C. 6916) the following:

     ``SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR 
                   COMPETITION MATTERS.

       ``(a) Establishment.--There is established in the 
     Department an office, to be known as the `Office of the 
     Special Investigator for Competition Matters' (referred to in 
     this section as the `Office').
       ``(b) Special Investigator for Competition Matters.--The 
     Office shall be headed by the Special Investigator for 
     Competition Matters (referred to in this section as the 
     `Special Investigator'), who shall be a senior career 
     employee appointed by the Secretary.
       ``(c) Duties.--The Special Investigator shall--
       ``(1) use all available tools, including subpoenas, to 
     investigate and prosecute violations of the Packers and 
     Stockyards Act, 1921 (7 U.S.C. 181 et seq.), by packers and 
     live poultry dealers with respect to competition and trade 
     practices in the food and agriculture sector;
       ``(2) serve as a Department liaison to, and act in 
     consultation with, the Department of Justice and the Federal 
     Trade Commission with respect to competition and trade 
     practices in the food and agricultural sector;
       ``(3) act in consultation with the Department of Homeland 
     Security with respect to national security and critical 
     infrastructure security in the food and agricultural sector;
       ``(4) maintain a staff of attorneys and other professionals 
     with appropriate expertise; and
       ``(5) in carrying out paragraphs (1) through (4), 
     coordinate with the Office of the General Counsel and the 
     Packers and Stockyards Division of the Agricultural Marketing 
     Service.
       ``(d) Prosecutorial Authority.--
       ``(1) In general.--Notwithstanding title 28, United States 
     Code, the Special Investigator shall have the authority to 
     bring any civil or administrative action authorized under the 
     Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), 
     against a packer or a live poultry dealer.
       ``(2) Notification.--With respect to any action brought 
     under this section in Federal district court, the Special 
     Investigator shall notify the Attorney General.
       ``(3) Effect.--Nothing in this section alters the authority 
     of the Secretary to issue a subpoena pursuant to the Packers 
     and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).
       ``(e) Limitation on Scope.--The Special Investigator may 
     not bring an action under this section with respect to an 
     entity that is not regulated under the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 181 et seq.).''.
       (b) Conforming Amendment.--Section 296(b) of the Department 
     of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) 
     is amended by adding at the end the following:
       ``(11) The authority of the Secretary to carry out section 
     217.''.
       (c) Technical Amendment.--Subtitle A of the Department of 
     Agriculture Reorganization Act of 1994 is amended by 
     redesignating the first section 225 (relating to Food Access 
     Liaison) (7 U.S.C. 6925) as section 224A.
                                 ______
                                 
  SA 364. Mr. MANCHIN (for himself, Mr. Blumenthal, Mr. Rounds, and Mr. 
Scott of Florida) 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. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO 
                   REMEDIATE HARMS TO UKRAINE FROM RUSSIAN 
                   AGGRESSION.

       (a) In General.--Subsection (c) of section 1708 of the 
     Additional Ukraine Supplemental Appropriations Act, 2023 
     (division M of Public Law 117-328) is amended--

[[Page S2540]]

       (1) in paragraph (2), by striking ``which property 
     belonged'' and all that follows and inserting the following: 
     ``which property--
       ``(A) belonged to, was possessed by, or was controlled by a 
     person subject to sanctions imposed by the United States with 
     respect to the Russian Federation under any provision of law;
       ``(B) was involved in an act in violation of--
       ``(i) any sanction described in subparagraph (A); or
       ``(ii) any restriction on the export, reexport, or in-
     country transfer of items imposed by the United States under 
     the Export Administration Regulations, or any restriction on 
     the export, reexport, or retransfer of defense articles under 
     the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations, with respect to--

       ``(I) the Russian Federation, Belarus, the Crimea, or the 
     so-called Donetsk and Luhansk People's Republic regions of 
     Ukraine;
       ``(II) any person in any such country or region on a 
     restricted parties list; or
       ``(III) any person located in any other country that has 
     been added to a restricted parties list in connection with 
     the malign conduct of the Russian Federation in Ukraine, 
     including the annexation of the Crimea region of Ukraine in 
     March 2014 and the invasion beginning in February 2022 of 
     Ukraine, as substantially enabled by Belarus; or

       ``(C) was involved in any related conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, the Russian Federation, 
     Belarus, or the Crimea, or the so-called Donetsk and Luhansk 
     People's Republic regions of Ukraine.''; and
       (2) by adding at the end the following:
       ``(3) The term `Export Administration Regulations' has the 
     meaning given that term in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801).
       ``(4) The term `restricted parties list' means any of the 
     following lists maintained by the Bureau of Industry and 
     Security:
       ``(A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       ``(B) The Denied Persons List maintained pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       ``(C) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.''.
       (b) Semiannual Reports.--Such section is further amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Not later than 180 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024, and every 180 days thereafter, the Attorney 
     General, in consultation with the Secretary of the Treasury 
     and the Secretary of State, shall submit to the appropriate 
     congressional committees a report on--
       ``(1) transfers made under subsection (a) during the 180 
     days preceding submission of the report; and
       ``(2) progress made in remediating the harms of Russian 
     aggression towards Ukraine as a result of such transfers.''.
       (c) Plan Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of State, shall submit to the appropriate 
     congressional committees a plan for using the authority 
     provided by section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023, as amended by this 
     section.
       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term by section 1708 of the 
     Additional Ukraine Supplemental Appropriations Act, 2023, as 
     amended by this section.
                                 ______
                                 
  SA 365. 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:

     SECTION 12__. MILLENNIUM CHALLENGE CORPORATION.

       (a) Short Title.--This section may be cited as the 
     ``Millennium Challenge Corporation Candidate Country Reform 
     Act''.
       (b) Modifications of Requirements to Become a Candidate 
     Country.--Section 606 of the Millennium Challenge Act of 2003 
     (22 U.S.C. 7705) is amended to read as follows:

     ``SEC. 606. CANDIDATE COUNTRIES.

       ``(a) In General.--A country shall be a candidate country 
     for purposes of eligibility to receive assistance under 
     section 605 if--
       ``(1) the per capita income of the country in a fiscal year 
     is equal to or less than the World Bank threshold for 
     initiating the International Bank for Reconstruction and 
     Development graduation process for the fiscal year; and
       ``(2) subject to subsection (b), the country is not 
     ineligible to receive United States economic assistance under 
     part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
     et seq.) by reason of the application of any provision of the 
     Foreign Assistance Act of 1961 or any other provision of law.
       ``(b) Rule of Construction.--For the purposes of 
     determining whether a country is eligible, pursuant to 
     subsection (a)(2), to receive assistance under section 605, 
     the exercise by the President, the Secretary of State, or any 
     other officer or employee of the United States Government of 
     any waiver or suspension of any provision of law referred to 
     in subsection (a)(2), and notification to the appropriate 
     congressional committees in accordance with such provision of 
     law, shall be construed as satisfying the requirements under 
     subsection (a).
       ``(c) Determination by the Board.--The Board shall 
     determine whether a country is a candidate country for 
     purposes of this section.''.
       (c) Conforming Amendments.--
       (1) Amendment to report identifying candidate countries.--
     Section 608(a)(1) of the Millennium Challenge Act of 2003 (22 
     U.S.C. 7707(a)(1)) is amended by striking ``section 
     606(a)(1)(B)'' and inserting ``section 606(a)(2)''.
       (2) Amendment to millennium challenge compact authority.--
     Section 609(b)(2) of such Act (22 U.S.C. 7708(b)(2)) is 
     amended--
       (A) by amending the paragraph heading to read as follows: 
     ``Country contributions''; and
       (B) by striking ``with respect to a lower middle income 
     country described in section 606(b),''.
       (3) Amendment to authorization to provide assistance for 
     candidate countries.--Section 616(b)(1) of such Act (22 
     U.S.C. 7715(b)(1)) is amended by striking ``subsection (a) or 
     (b) of section 606'' and inserting ``section 606(a)''.
       (d) Modification to Factors in Determining Eligibility.--
     Section 607(c)(2) of the Millennium Challenge Act of 2003 (22 
     U.S.C. 7706(c)(2)) is amended, in the matter preceding 
     subparagraph (A), by striking ``consider'' and inserting 
     ``prioritize need and impact by considering''.
                                 ______
                                 
  SA 366. Mr. MORAN 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. OUTREACH TO VETERANS ABOUT AVAILABILITY OF HEALTH 
                   CARE SERVICES.

       (a) Transitional Services Upon Separation From Armed 
     Forces.--Section 1144(f)(1)(B)(i) of title 10, United States 
     Code, is amended by inserting ``, including how to enroll in 
     the system of annual patient enrollment established and 
     operated under section 1705 of title 38, the ability to seek 
     care and services under sections 1703 and 1710 of such 
     title'' before the semicolon.
       (b) Solid Start Program.--Section 6320(a)(2)(A) of title 
     38, United States Code, is amended by inserting ``, including 
     how to enroll in the system of annual patient enrollment 
     established and operated under section 1705 of this title and 
     the ability to seek care and services under sections 1703 and 
     1710 of this title'' before the semicolon.
       (c) Comptroller General Report on Outreach Regarding 
     Eligibility for Community Care.--Not later than two years 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States, in consultation with the 
     Secretary of Veterans Affairs and the Secretary of Defense, 
     shall submit to Congress a report on the efforts of the 
     Department of Veterans Affairs to ensure that veterans are 
     informed of the conditions for eligibility for care and 
     services under section 1703 of title 38, United States Code.
                                 ______
                                 
  SA 367. Mr. JOHNSON 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. __. STUDY ON PHARMACEUTICAL INGREDIENTS.

       The Secretary of Health and Human Services shall seek to 
     enter into an agreement with the RAND Corporation under which 
     the RAND Corporation--
       (1) studies--
       (A) the extent to which drug manufacturers use foreign 
     sources for precursor chemicals and active pharmaceutical 
     ingredients for the manufacture of drugs for the United 
     States market; and
       (B) any statutory, regulatory, or other barriers to 
     domestic production of such chemicals and ingredients; and

[[Page S2541]]

       (2) submits a report on such study to the Secretary of 
     Health and Human Services and Congress.
                                 ______
                                 
  SA 368. Mr. MORAN (for himself, Mr. Warnock, Ms. Murkowski, Mr. 
Merkley, Mr. Carper, Mr. Hickenlooper, Ms. Rosen, 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:

                  TITLE __--LOVE LIVES ON ACT OF 2023

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Love Lives On Act of 
     2023''.

     SEC. __2. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN FOR 
                   CERTAIN SURVIVING SPOUSES WHO REMARRY.

       Section 1450(b)(2) of title 10, United States Code, is 
     amended--
       (1) by striking ``An annuity'' and inserting the following:
       ``(A) In general.--(A) Subject to subparagraph (B), an 
     annuity''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Treatment of survivors of members who die on active 
     duty.--The Secretary may not terminate payment of an annuity 
     for a surviving spouse described in subparagraph (A) or (B) 
     of section 1448(d)(1) solely because that surviving spouse 
     remarries. In the case of a surviving spouse who remarried 
     before reaching age 55 and before the date of the enactment 
     of Love Lives On Act of 2023, the Secretary shall resume 
     payment of the annuity to that surviving spouse--
       ``(i) except as provided by clause (ii), for each month 
     that begins on or after the date that is one year after such 
     date of enactment; or
       ``(ii) on January 1, 2024, in the case of a surviving 
     spouse who elected to transfer payment of that annuity to a 
     surviving child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on December 31, 2019.''.

     SEC. __3. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR 
                   REMARRIED SPOUSES.

       (a) Benefits.--Section 1062 of title 10, United States 
     Code, is amended--
       (1) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(a) Certain Unremarried Former Spouses.--The Secretary of 
     Defense'';
       (2) by striking ``commissary and exchange privileges'' and 
     inserting ``use commissary stores and MWR retail 
     facilities'';
       (3) by adding at the end the following new subsection:
       ``(b) Certain Remarried Surviving Spouses.--The Secretary 
     of Defense shall prescribe such regulations as may be 
     necessary to provide that a surviving spouse of a deceased 
     member of the armed forces, regardless of the marital status 
     of the surviving spouse, is entitled to use commissary stores 
     and MWR retail facilities to the same extent and on the same 
     basis as an unremarried surviving spouse of a member of the 
     uniformed services.''; and
       (4) by adding at the end the following new subsection:
       ``(c) MWR Retail Facilities Defined.--In this section, the 
     term `MWR retail facilities' has the meaning given that term 
     in section 1063(e) of this title.''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of section 1062 of title 
     10, United States Code, is amended to read as follows:

     ``Sec. 1062. Certain former spouses and surviving spouses''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 54 of title 10, United States Code, is 
     amended by striking the item relating to section 1062 and 
     inserting the following new item:

``1062. Certain former spouses and surviving spouses.''.

     SEC. __4. EXPANSION OF DEFINITION OF DEPENDENT UNDER TRICARE 
                   PROGRAM TO INCLUDE A REMARRIED WIDOW OR WIDOWER 
                   WHOSE SUBSEQUENT MARRIAGE HAS ENDED.

       Section 1072(2) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (H), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (I)(v), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(J) a remarried widow or widower whose subsequent 
     marriage has ended due to death, divorce, or annulment.''.
                                 ______
                                 
  SA 369. Mrs. HYDE-SMITH (for herself and Ms. Hassan) 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. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.

       Section 484C(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1091c(a)) is amended to read as follows:
       ``(a) Definition of Service in the Uniformed Services.--In 
     this section, the term `service in the uniformed services' 
     means service (whether voluntary or involuntary) on active 
     duty in the Armed Forces, including such service by a member 
     of the National Guard or Reserve on active duty, active duty 
     for training, or National Guard duty under State order or 
     Federal authority.''.
                                 ______
                                 
  SA 370. Ms. SINEMA 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 title X of division A, add the following:

       Subtitle H--Combating Cartels on Social Media Act of 2023

     SEC. 1091. SHORT TITLE.

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

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Covered operator.--The term ``covered operator'' means 
     the operator, developer, or publisher of a covered service.
       (3) Covered service.--The term ``covered service'' means--
       (A) a social media platform;
       (B) a mobile or desktop service with direct or group 
     messaging capabilities, but not including text messaging 
     services without other substantial social functionalities or 
     electronic mail services, that the Secretary determines is 
     being or has been used by transnational criminal 
     organizations in connection with matters described in section 
     1093; and
       (C) a digital platform, or an electronic application 
     utilizing the digital platform, involving real-time 
     interactive communication between multiple individuals, 
     including multi-player gaming services and immersive 
     technology platforms or applications, that the Secretary 
     determines is being or has been used by transnational 
     criminal organizations in connection with matters described 
     in section 1093.
       (4) Criminal enterprise.--The term ``criminal enterprise'' 
     has the meaning given the term ``continuing criminal 
     enterprise'' in section 408 of the Controlled Substances Act 
     (21 U.S.C. 848).
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Illicit activities.--The term ``illicit activities'' 
     means the following criminal activities that transcend 
     national borders:
       (A) A violation of section 401 of the Controlled Substances 
     Act (21 U.S.C. 841).
       (B) Narcotics trafficking, as defined in section 808 of the 
     Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
       (C) Trafficking of weapons, as defined in section 922 of 
     title 18, United States Code.
       (D) Migrant smuggling, defined as a violation of section 
     274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(1)(A)(ii)).
       (E) Human trafficking, defined as--
       (i) a violation of section 1590, 1591, or 1592 of title 18, 
     United States Code; or
       (ii) engaging in severe forms of trafficking in persons, as 
     defined in section 103 of the Victims of Trafficking and 
     Violence Protection Act of 2000 (22 U.S.C. 7102).
       (F) Cyber crime, defined as a violation of section 1030 of 
     title 18, United States Code.
       (G) A violation of any provision that is subject to 
     intellectual property enforcement, as defined in section 302 
     of the Prioritizing Resources and Organization for 
     Intellectual Property Act of 2008 (15 U.S.C. 8112).
       (H) Bulk cash smuggling of currency, defined as a violation 
     of section 5332 of title 31, United States Code.
       (I) Laundering the proceeds of the criminal activities 
     described in subparagraphs (A) through (H).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (8) Transnational criminal organization.--The term 
     ``transnational criminal organization'' means groups, 
     networks, and associated individuals who operate 
     transnationally for the purposes of obtaining power, 
     influence, or monetary or commercial gain, wholly or in part 
     by certain illegal means, while advancing their activities

[[Page S2542]]

     through a pattern of crime, corruption, or violence, and 
     while protecting their illegal activities through a 
     transnational organizational structure and the exploitation 
     of public corruption or transnational logistics, financial, 
     or communication mechanisms.

     SEC. 1093. ASSESSMENT OF ILLICIT USAGE.

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

     SEC. 1094. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL 
                   MEDIA AND ONLINE PLATFORMS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a strategy, to be known 
     as the National Strategy to Combat Illicit Recruitment 
     Activity by Transnational Criminal Organizations on Social 
     Media and Online Platforms, to combat the use of covered 
     services by transnational criminal organizations, or criminal 
     enterprises acting on behalf of transnational criminal 
     organizations, to recruit individuals located in the United 
     States to engage in or provide support with respect to 
     illicit activities occurring in the United States, Mexico, or 
     otherwise in proximity to an international boundary of the 
     United States.
       (b) Elements.--
       (1) In general.--The strategy required under subsection (a) 
     shall, at a minimum, include the following:
       (A) A proposal to improve cooperation and thereafter 
     maintain cooperation between the Secretary and relevant law 
     enforcement entities with respect to the matters described in 
     subsection (a).
       (B) Recommendations to implement a process for the 
     voluntary reporting of information regarding the recruitment 
     efforts of transnational criminal organizations in the United 
     States involving covered services.
       (C) A proposal to improve intragovernmental coordination 
     with respect to the matters described in subsection (a), 
     including between the Department and State, Tribal, and local 
     governments.
       (D) A proposal to improve coordination within the 
     Department and between the components of the Department with 
     respect to the matters described in subsection (a).
       (E) Activities to facilitate increased intelligence 
     analysis for law enforcement purposes of efforts of 
     transnational criminal organizations to utilize covered 
     services for recruitment to engage in or provide support with 
     respect to illicit activities.
       (F) Activities to foster international partnerships and 
     enhance collaboration with foreign governments and, as 
     applicable, multilateral institutions with respect to the 
     matters described in subsection (a).
       (G) Activities to specifically increase engagement and 
     outreach with youth in border communities, including 
     regarding the recruitment tactics of transnational criminal 
     organizations and the consequences of participation in 
     illicit activities.
       (H) A detailed description of the measures used to ensure--
       (i) law enforcement and intelligence activities focus on 
     the recruitment activities of transitional criminal 
     organizations not individuals the transnational criminal 
     organizations attempt to or successfully recruit; and
       (ii) the privacy rights, civil rights, and civil liberties 
     protections in carrying out the activities described in 
     clause (i), with a particular focus on the protections in 
     place to protect minors and constitutionally protected 
     activities.
       (2) Limitation.--The strategy required under subsection (a) 
     shall not include legislative recommendations or elements 
     predicated on the passage of legislation that is not enacted 
     as of the date on which the strategy is submitted under 
     subsection (a).
       (c) Consultation.--In drafting and implementing the 
     strategy required under subsection (a), the Secretary shall, 
     at a minimum, consult and engage with--
       (1) the heads of relevant components of the Department, 
     including--
       (A) the Under Secretary for Intelligence and Analysis;
       (B) the Under Secretary for Strategy, Policy, and Plans;
       (C) the Under Secretary for Science and Technology;
       (D) the Commissioner of U.S. Customs and Border Protection;
       (E) the Director of U.S. Immigration and Customs 
     Enforcement;
       (F) the Officer for Civil Rights and Civil Liberties;
       (G) the Privacy Officer; and
       (H) the Assistant Secretary of the Office for State and 
     Local Law Enforcement;
       (2) the Secretary of State;
       (3) the Attorney General;
       (4) the Secretary of Health and Human Services; and
       (5) the Secretary of Education; and
       (6) as selected by the Secretary or his or her designee in 
     the Office of Public Engagement, representatives of border 
     communities, including representatives of--
       (A) State, Tribal, and local governments, including school 
     districts and local law enforcement; and
       (B) nongovernmental experts in the fields of--
       (i) civil rights and civil liberties;
       (ii) online privacy;
       (iii) humanitarian assistance for migrants; and
       (iv) youth outreach and rehabilitation.
       (d) Implementation.--
       (1) In general.--Not later than 90 days after the date on 
     which the strategy required under subsection (a) is submitted 
     to the appropriate congressional committees, the Secretary 
     shall commence implementation of the strategy.
       (2) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the strategy required under subsection (a) is 
     implemented under paragraph (1), and semiannually thereafter 
     for 5 years, the Secretary shall submit to the appropriate 
     congressional committees a report describing the efforts of 
     the Secretary to implement the strategy required under 
     subsection (a) and the progress of those efforts, which shall 
     include a description of--
       (i) the recommendations, and corresponding implementation 
     of those recommendations, with respect to the matters 
     described in subsection (b)(1)(B);
       (ii) the interagency posture with respect to the matters 
     covered by the strategy required under subsection (a), which 
     shall include a description of collaboration between the 
     Secretary, other Federal entities, State, local, and Tribal 
     entities, and foreign governments; and
       (iii) the threat landscape, including new developments 
     related to the United States recruitment efforts of 
     transnational criminal organizations and the use by those 
     organizations of new or emergent covered services and 
     recruitment methods.
       (B) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       (3) Civil rights, civil liberties, and privacy 
     assessment.--Not later than 2 years after the date on which 
     the strategy required under subsection (a) is implemented 
     under paragraph (1), the Office for Civil Rights and Civil 
     Liberties and the Privacy Office of the Department shall 
     submit to the appropriate congressional committees a joint 
     report that includes--
       (A) a detailed assessment of the measures used to ensure 
     the protection of civil rights, civil liberties, and privacy 
     rights in carrying out this section; and
       (B) recommendations to improve the implementation of the 
     strategy required under subsection (a).

     SEC. 1095. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to expand the 
     statutory law enforcement or regulatory authority of the 
     Department.
                                 ______
                                 
  SA 371. 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:

     SEC. ____. REPEAL OF WAIVER AUTHORITY FOR PROVISION OF 
                   ASSISTANCE TO THE GOVERNMENT OF AZERBAIJAN.

       Title II of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2002 (Public Law 107-
     115; 22 U.S.C. 5812 note) is amended, in subsection (g) of 
     the matter under the heading ``assistance for the independent 
     states of the former soviet union'' under the heading ``Other 
     Bilateral Economic Assistance''--
       (1) by striking paragraphs (2) through (6); and
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(1) Section'' and inserting ``Section''; and
       (B) by redesignating subparagraphs (A) through (F) as 
     paragraphs (1) through (6), respectively.
                                 ______
                                 
  SA 372. Mr. MENENDEZ (for himself and Mr. Hagerty) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for

[[Page S2543]]

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 __--Iran Sanctions

     SEC. 12_1. SHORT TITLES.

       This subtitle may be cited as the ``Making Iran Sanctions 
     Stick In Lieu of Expiration of Sanctions Act'' or the 
     ``MISSILES Act''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) Annex B to United Nations Security Council Resolution 
     2231 (2015) restricts certain missile-related activities and 
     transfers to and from Iran, including all items, materials, 
     equipment, goods, and technology set out in the Missile 
     Technology Control Regime Annex, absent advance, case-by-case 
     approval from the United Nations Security Council.
       (2) Iran has transferred Shahed and Mohajer drones, covered 
     under the Missile Technology Control Regime Annex, to the 
     Russian Federation, the Government of Ethiopia, and other 
     Iran-aligned entities, including the Houthis in Yemen and 
     militia units in Iraq, without prior authorization from the 
     United Nations Security Council, in violation of the 
     restrictions set forth in Annex B to United Nations Security 
     Council Resolution 2231.
       (3) Absent action by the United Nations Security Council, 
     certain missile-related restrictions in Annex B to United 
     Nations Security Council Resolution 2231 will expire in 
     October 2023, removing international legal restrictions on 
     missile-related activities and transfers to and from Iran.

     SEC. 12_3. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to combat and deter the transfer of conventional and 
     non-conventional arms, equipment, material, and technology to 
     or from Iran, or involving the Government of Iran;
       (2) to ensure countries, individuals, and entities engaged 
     in, or attempting to engage in, the acquisition, 
     facilitation, or development of arms and related components 
     and technology and subject to restrictions under Annex B to 
     United Nations Security Council Resolution 2231 are held to 
     account under United States and international law, including 
     through the application and enforcement of sanctions and use 
     of export controls, regardless of whether the restrictions 
     under Annex B to United Nations Security Council Resolution 
     2231 remain in effect following their anticipated expiration 
     in October 2023;
       (3) to urgently seek the extension of missile-related 
     restrictions set forth in Annex B to United Nations Security 
     Council Resolution 2231 (2015); and
       (4) to use all available authorities to constrain Iran's 
     domestic ballistic missile production capabilities.

     SEC. 12_4. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Covered technology.--The term ``covered technology'' 
     means--
       (A) any goods, technology, software, or related material 
     specified in the Missile Technology Control Regime Annex, as 
     in effect on the day before the date of the enactment of this 
     subtitle; and
       (B) any additional goods, technology, software, or related 
     material added to the Missile Technology Control Regime Annex 
     after the day before the date of the enactment of this Act.
       (3) Family member.--The term ``family member'' means--
       (A) a child, grandchild, parent, grandparent, sibling, or 
     spouse; and
       (B) any spouse, widow, or widower of an individual 
     described in subparagraph (A).
       (4) Foreign person.--The term ``foreign person''--
       (A) means an individual or entity that is not a United 
     States person; and
       (B) includes a foreign state (as such term is defined in 
     section 1603 of title 28, United States Code).
       (5) Government of iran.--The term ``Government of Iran'' 
     has the meaning given such term in section 560.304 of title 
     31, Code of Federal Regulations, as such section was in 
     effect on January 1, 2021.
       (6) Iran-aligned entity.--The term ``Iran-aligned entity'' 
     means a foreign person that--
       (A) is controlled or reports directly to the Government of 
     Iran; and
       (B) knowingly receives material or financial support from 
     the Government of Iran, including Hezbollah, Ansar Allah, or 
     another Iranian-backed proxy group.
       (7) Knowingly.--The term ``knowingly'' has the meaning 
     given such term in section 14(13) of the Iran Sanctions Act 
     of 1996 (50 U.S.C. 1701 note).
       (8) Missile technology control regime.--The term ``Missile 
     Technology Control Regime'' means the policy statement 
     between the United States, the United Kingdom, the Federal 
     Republic of Germany, France, Italy, Canada, and Japan that 
     was announced on April 16, 1987, to restrict sensitive 
     missile-relevant transfers based on the Missile Technology 
     Control Regime Annex, and any amendments thereto or 
     expansions thereof, as in effect on the day before the date 
     of the enactment of this Act.
       (9) Missile technology control regime annex.--The term 
     ``Missile Technology Control Regime Annex'' means the 
     Guidelines and Equipment and Technology Annex of the Missile 
     Technology Control Regime, and any amendments thereto or 
     updates thereof, as in effect on the day before the date of 
     the enactment of this Act.
       (10) United states person.--The terms ``United States 
     person'' means--
       (A) a United States citizen;
       (B) a permanent resident alien of the United States;
       (C) 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; or
       (D) a person in the United States.

     SEC. 12_5. DEPARTMENT OF STATE REPORT ON DIPLOMATIC STRATEGY 
                   AND OTHER ASPECTS OF UNITED NATIONS SECURITY 
                   COUNCIL RESOLUTION 2231 EXPIRATIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, and annually thereafter for the following 4 years, 
     the Secretary of State, in coordination with the heads of 
     other relevant departments and agencies, shall submit to the 
     appropriate congressional committees an unclassified report, 
     with a classified annex, if necessary, that includes--
       (1) a diplomatic strategy to secure the renewal of 
     international restrictions on certain missile-related 
     activities, including transfers to and from Iran set forth in 
     Annex B to United Nations Security Council Resolution 2231 
     (2015) before October 2023;
       (2) an analysis of how the expiration of missile-related 
     restrictions set forth in Annex B to United Nations Security 
     Council Resolution 2231 would impact the Government of Iran's 
     arms proliferation and malign activities, including as the 
     restrictions relate to cooperation with, and support for, 
     Iran-aligned entities and allied countries;
       (3) an assessment of the revenue, or non-cash benefits, to 
     be accrued by the Government of Iran, or Iran-aligned 
     entities, as a result of a lapse in missile-related 
     restrictions set forth in Annex B to United Nations Security 
     Council Resolution 2231;
       (4) a detailed description of the United States strategy to 
     deter, prevent, and disrupt the sale, purchase, or transfer 
     of covered technology involving Iran absent restrictions set 
     forth in Annex B to United Nations Security Council 
     Resolution 2231;
       (5) the identification of any foreign person engaging in, 
     enabling, or otherwise facilitating any activity involving 
     Iran restricted under Annex B to United Nations Security 
     Council Resolution 2231, regardless of whether such 
     restrictions remain in effect after October 2023;
       (6) a description of actions by the United Nations and 
     other multilateral organizations, including the European 
     Union, to hold accountable foreign persons that have violated 
     the restrictions set forth in Annex B to United Nations 
     Security Council Resolution 2231, and efforts to prevent 
     further violations of such restrictions;
       (7) a description of actions by individual member states of 
     the United Nations Security Council to hold accountable 
     foreign persons that have violated restrictions set forth in 
     Annex B to United Nations Security Council Resolution 2231 
     and efforts to prevent further violations of such 
     restrictions;
       (8) a description of actions taken by the People's Republic 
     of China, the Russian Federation, or any other country to 
     prevent, interfere with, or undermine efforts to hold 
     accountable foreign persons that have violated the 
     restrictions set forth in Annex B to United Nations Security 
     Council Resolution 2231, including actions to restrict United 
     Nations-led investigations into suspected violations of such 
     restrictions, or limit funding to relevant United Nations 
     offices or experts;
       (9) an analysis of the foreign and domestic supply chains 
     in Iran that directly or indirectly facilitate, support, or 
     otherwise aid the Government of Iran's drone or missile 
     program, including storage, transportation, or flight-testing 
     of related goods, technology, or components;
       (10) the identification of any foreign entity or entities 
     that enables, supports, or otherwise facilitates the 
     operations or maintenance of any Iranian airline subject to 
     United States sanctions or export control restrictions;
       (11) an assessment of how the continued operation of 
     Iranian airlines subject to United States sanctions or export 
     control restrictions impacts the Government of Iran's ability 
     to transport or develop arms, including covered technology; 
     and
       (12) a description of actions taken by the People's 
     Republic of China, the Russian Federation, or any other 
     country that have violated the restrictions set forth in 
     Annex B of United Nations Security Council Resolution 2231, 
     including any purchase, transfer, or acquisition of covered 
     technology or component parts.

     SEC. 12_6. COMBATING THE PROLIFERATION OF IRANIAN MISSILES.

       (a) In General.--The actions, including sanctions, 
     described in subsection (b) shall

[[Page S2544]]

     apply to any foreign person the President determines, on or 
     after the date of the enactment of this Act--
       (1) knowingly engages in any effort to acquire, possess, 
     develop, transport, transfer, or deploy covered technology 
     to, from, or involving the Government of Iran or Iran-aligned 
     entities, regardless of whether the restrictions set forth in 
     Annex B to United Nations Security Council Resolution 2231 
     (2015) remain in effect after October 2023;
       (2) knowingly provides entities owned or controlled by the 
     Government of Iran or Iran-aligned entities with goods, 
     technology, parts, or components, that may contribute to the 
     development of covered technology;
       (3) knowingly participates in joint missile or drone 
     development, including development of covered technology, 
     with the Government of Iran or Iran-aligned entities, 
     including technical training, storage, and transport;
       (4) knowingly imports, exports, or re-exports to, into, or 
     from Iran, whether directly or indirectly, any significant 
     arms or related materiel prohibited under paragraph (5) or 
     (6) to Annex B of United Nations Security Council Resolution 
     2231 (2015) as of April 1, 2023; or
       (5) knowingly provides significant financial, material, or 
     technological support to, or knowingly engages in a 
     significant transaction with, a foreign person subject to 
     sanctions for conduct described in paragraph (1), (2), (3), 
     or (4).
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--The President shall exercise all 
     authorities granted under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in 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 come within the possession 
     or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a) is subject to 
     revocation regardless of the issue date of the visa or other 
     entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i))--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.

       (c) Penalties.--Any person that violates, or attempts to 
     violate, subsection (a) or any regulation, license, or order 
     issued pursuant to that subsection, shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International 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) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a foreign person 
     only if, not later than 15 days before the date on which the 
     waiver is to take effect, the President submits to the 
     appropriate congressional committees a written determination 
     and justification that the waiver is in the vital national 
     security interests of the United States.
       (e) Implementation.--The President may exercise all the 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out the amendments made by this section.
       (f) Rulemaking.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the Secretary of State, shall promulgate any regulations 
     that are necessary to implement this subtitle and the 
     amendments made by this subtitle.
       (2) Notification to congress.--Not less than 10 days before 
     the promulgation of regulations pursuant to paragraph (1), 
     the President shall submit to the appropriate congressional 
     committees--
       (A) a copy of the proposed regulations; and
       (B) a description of the specific provisions of this 
     subtitle and the amendments made by this subtitle that such 
     regulations are implementing.
       (g) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions 
     authorized under this section shall not apply to any activity 
     subject to the reporting requirements under title V of the 
     National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any 
     authorized intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions authorized under 
     this section shall not apply with respect to an alien if 
     admitting or paroling the alien into the United States is 
     necessary--
       (A) 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; or
       (B) to carry out or assist authorized law enforcement 
     activity in the United States.
       (h) Termination of Sanctions.--This section shall cease to 
     be effective beginning on the date that is 30 days after the 
     date on which the President certifies to the appropriate 
     congressional committees that--
       (1) the Government of Iran no longer provides support for 
     international terrorism, as determined by the Secretary of 
     State pursuant to--
       (A) section 1754(c)(1)(A) of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4318(c)(1)(A));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (D) any other provision of law; and
       (2) Iran has ceased the pursuit, acquisition, and 
     development of, and verifiably dismantled, its nuclear, 
     biological, and chemical weapons and ballistic missiles and 
     ballistic missile launch technology.
                                 ______
                                 
  SA 373. 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:

     SEC. __. UNITED STATES-URUGUAY PARTNERSHIP.

       (a) Eligibility of Uruguay for Designation as a Beneficiary 
     Country Under Caribbean Basin Economic Recovery Act.--Section 
     212(b) of the Caribbean Basin Economic Recovery Act (19 
     U.S.C. 2702(b)) is amended by inserting after ``Turks and 
     Caicos Islands'' the following new item:
     ``Uruguay''.
       (b) Nonimmigrant Traders and Investors.--For purposes of 
     clauses (i) and (ii) of section 101(a)(15)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), 
     Uruguay shall be considered to be a foreign state described 
     in such section if the Government of Uruguay provides similar 
     nonimmigrant status to nationals of the United States.
       (c) Visa Waiver Program Eligibility.--
       (1) Sense of congress.--It is the sense of Congress that 
     the Secretary of Homeland Security, in consultation with the 
     Secretary of State, should conduct a review as to whether 
     Uruguay meets the eligibility criteria for designation as a 
     program country for purposes of the visa waiver program under 
     section 217 of the Immigration and Nationality Act (8 U.S.C. 
     1187).
       (2) Visa waiver program eligibility.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, shall submit to Congress a report that 
     includes--
       (A) an assessment as to whether Uruguay meets the 
     eligibility criteria for designation as a program country for 
     purposes of the visa waiver program under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187); and
       (B) in the case of such an assessment that Uruguay does not 
     meet such eligibility criteria, a description of the actions 
     required of Uruguay in order to meet such criteria.
                                 ______
                                 
  SA 374. 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 end, add the following:

       DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

     SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Department of State Authorization Act of 2023''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

       DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.

          TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

Sec. 6101. Passport fee expenditure authority extension.
Sec. 6102. Special hiring authority for passport services.
Sec. 6103. Quarterly report on passport wait times.
Sec. 6104. Passport travel advisories.
Sec. 6105. Strategy to ensure access to passport services for all 
              Americans.
Sec. 6106. Strengthening the National Passport Information Center.

[[Page S2545]]

Sec. 6107. Strengthening passport customer visibility and transparency.
Sec. 6108. Annual Office of Authentications report.
Sec. 6109. Annual special immigrant visa report.
Sec. 6110. Increased accountability in assignment restrictions and 
              reviews.
Sec. 6111. Suitability reviews for Foreign Service Institute 
              instructors.
Sec. 6112. Diplomatic security fellowship programs.

                     TITLE LXII--PERSONNEL MATTERS

             Subtitle A--Hiring, Promotion, and Development

Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program .
Sec. 6207. Consideration of career civil servants as chiefs of 
              missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by 
              Department.
Sec. 6212. Enhanced vetting for senior diplomatic posts.
Sec. 6213. Efforts to improve retention and prevent retaliation.
Sec. 6214. National advertising campaign.
Sec. 6215. Expansion of diplomats in residence programs.

            Subtitle B--Pay, Benefits, and Workforce Matters

Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign 
              Service.
Sec. 6223. Improving mental health services for foreign and civil 
              servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission 
              personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff 
              during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between 
              Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State 
              employees located in United States territories.

         TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer 
              Program.
Sec. 6303. Task force to address artificial intelligence-enabled 
              influence operations.
Sec. 6304. Establishment of the Chief Artificial Intelligence Officer 
              of the Department of State.
Sec. 6305. Strengthening the Chief Information Officer of the 
              Department of State.
Sec. 6306. Sense of Congress on strengthening enterprise governance.
Sec. 6307. Digital connectivity and cybersecurity partnership.
Sec. 6308. Establishment of a cyberspace, digital connectivity, and 
              related technologies (CDT) fund.
Sec. 6309. Cyber protection support for personnel of the Department of 
              State in positions highly vulnerable to cyber attack.

                TITLE LXIV--ORGANIZATION AND OPERATIONS

Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.

                     TITLE LXV--ECONOMIC DIPLOMACY

Sec. 6501. Duties of officers performing economic functions.
Sec. 6502. Report on recruitment, retention, and promotion of Foreign 
              Service economic officers.
Sec. 6503. Mandate to revise Department of State metrics for successful 
              economic and commercial diplomacy.
Sec. 6504. Chief of mission economic responsibilities.
Sec. 6505. Direction to embassy deal teams.
Sec. 6506. Establishment of a ``Deal Team of the Year'' award.

                      TITLE LXVI--PUBLIC DIPLOMACY

Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio 
              Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.

                       TITLE LXVII--OTHER MATTERS

Sec. 6701. Expanding the use of DDTC licensing fees.
Sec. 6702. Prohibition on entry of officials of foreign governments 
              involved in significant corruption or gross violations of 
              human rights.
Sec. 6703. Protection of cultural heritage during crises.
Sec. 6704. National Museum of American Diplomacy.
Sec. 6705. Extraterritorial offenses committed by United States 
              nationals serving with international organizations.
Sec. 6706. Extension of certain privileges and immunities to the 
              International Energy Forum.
Sec. 6707. Extension of certain privileges and immunities to the 
              Conseil Europeen pour la recherche nucleaire (CERN; the 
              European Organization for Nuclear Research).
Sec. 6708. Internships of United States nationals at international 
              organizations.
Sec. 6709. Training for international organizations.
Sec. 6710. Modification to transparency on international agreements and 
              non-binding instruments.
Sec. 6711. Strategy for the efficient processing of all Afghan special 
              immigrant visa applications and appeals.
Sec. 6712. Report on partner forces utilizing United States security 
              assistance identified as using hunger as a weapon of war.
Sec. 6713. Infrastructure projects and investments by the United States 
              and People's Republic of China.
Sec. 6714. Special envoys.
Sec. 6715. US-ASEAN Center.
Sec. 6716. Report on vetting of students from national defense 
              universities and other academic institutions of the 
              People's Republic of China.
Sec. 6717. Briefings on the United States-European Union Trade and 
              Technology Council.
Sec. 6718. Report on participation in exercises with governments that 
              have supported international terrorism .
Sec. 6719. Congressional oversight, quarterly review, and authority 
              relating to concurrence provided by chiefs of mission for 
              support of certain Government operations.
Sec. 6720. Modification and repeal of reports.

               TITLE LXVIII--COMBATING GLOBAL CORRUPTION

Sec. 6801. Short title.
Sec. 6802. Definitions.
Sec. 6803. Publication of tiered ranking list.
Sec. 6804. Minimum standards for the elimination of corruption and 
              assessment of efforts to combat corruption.
Sec. 6805. Imposition of sanctions under Global Magnitsky Human Rights 
              Accountability Act.
Sec. 6806. Designation of embassy anti-corruption points of contact.

                       TITLE LXIX--AUKUS MATTERS

Sec. 6901. Definitions.

              Subtitle A--Outlining the AUKUS Partnership

Sec. 6911. Statement of policy on the AUKUS partnership.
Sec. 6912. Senior Advisor for the AUKUS partnership at the Department 
              of State.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

Sec. 6921. Australia, United Kingdom, and United States submarine 
              security activities.
Sec. 6922. Acceptance of contributions for Australia, United Kingdom, 
              and United States submarine security activities; AUKUS 
              Submarine Security Activities Account.
Sec. 6923. Australia, United Kingdom, and United States submarine 
              security training.

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

Sec. 6931. Priority for Australia and the United Kingdom in Foreign 
              Military Sales and Direct Commercial Sales.
Sec. 6932. Identification and pre-clearance of platforms, technologies, 
              and equipment for sale to Australia and the United 
              Kingdom through Foreign Military Sales and Direct 
              Commercial Sales.

[[Page S2546]]

Sec. 6933. Export control exemptions and standards.
Sec. 6934. Expedited review of export licenses for exports of advanced 
              technologies to Australia, the United Kingdom, and 
              Canada.
Sec. 6935. United States Munitions List.

                    Subtitle D--Other AUKUS Matters

Sec. 6941. Reporting related to the AUKUS partnership.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

          TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

     SEC. 6101. PASSPORT FEE EXPENDITURE AUTHORITY EXTENSION.

       (a) Western Hemisphere Travel Initiative Fee.--To make 
     permanent the Western Hemisphere Travel Initiative fee, 
     section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C. 
     214(b)(1)) is amended--
       (1) in paragraph (1), by striking ``(1)''; and
       (2) by striking paragraphs (2) and (3).
       (b) Passport Fees.--Section 1(b) of the Passport Act of 
     June 4, 1920, as amended by subsection (a), shall be applied 
     through fiscal year 2028 by striking ``such costs'' and 
     inserting ``the costs of providing consular services''.
       (c) Modernization of Passport Processing.--A portion of the 
     expanded expenditure authorities provided in subsections (a) 
     and (b) shall be used--
       (1) to modernize consular systems, with an emphasis on 
     passport and citizenship services; and
       (2) towards a feasibility study on how the Department could 
     provide urgent, in-person passport services to significant 
     populations with the longest travel times to existing 
     passport agencies, including the possibility of building new 
     passport agencies.

     SEC. 6102. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.

       During the 3-year period beginning on the date of the 
     enactment of this Act, the Secretary of State, without regard 
     to the provisions under sections 3309 through 3318 of title 
     5, United States Code, may directly appoint candidates to 
     positions in the competitive service (as defined in section 
     2102 of such title) at the Department in the Passport and 
     Visa Examining Series 0967.

     SEC. 6103. QUARTERLY REPORT ON PASSPORT WAIT TIMES.

       Not later than 30 days after the date of the enactment of 
     this Act, and quarterly thereafter for the following 3 years, 
     the Secretary shall submit a report to the appropriate 
     congressional committees that describes--
       (1) the current estimated wait times for passport 
     processing;
       (2) the steps that have been taken by the Department to 
     reduce wait times to a reasonable time;
       (3) efforts to improve the rollout of the online passport 
     renewal processing program, including how much of passport 
     revenues the Department is spending on consular systems 
     modernization;
       (4) the demand for urgent passport services by major 
     metropolitan area;
       (5) the steps that have been taken by the Department to 
     reduce and meet the demand for urgent passport services, 
     particularly in areas that are greater than 5 hours driving 
     time from the nearest passport agency; and
       (6) how the Department details its staff and resources to 
     passport services programs.

     SEC. 6104. PASSPORT TRAVEL ADVISORIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Department shall make prominently available in 
     United States regular passports, on the first three pages of 
     the passport, the following information:
       (1) A prominent, clear advisory for all travelers to check 
     travel.state.gov for updated travel warnings and advisories.
       (2) A prominent, clear notice urging all travelers to 
     register with the Department prior to overseas travel.
       (3) A prominent, clear advisory--
       (A) noting that many countries deny entry to travelers 
     during the last 6 months of their passport validity period; 
     and
       (B) urging all travelers to renew their passport not later 
     than 1 year prior to its expiration.

     SEC. 6105. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR 
                   ALL AMERICANS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives for ensuring 
     reasonable access to passport services for all Americans, 
     which shall include--
       (1) a detailed strategy describing how the Department 
     could--
       (A) by not later than 1 year after submission of the 
     strategy, reduce passport processing times to an acceptable 
     average for renewals and for expedited service; and
       (B) by not later than 2 years after the submission of the 
     strategy, provide United States residents living in a 
     significant population center more than a 5-hour drive from a 
     passport agency with urgent, in-person passport services, 
     including the possibility of building new passport agencies; 
     and
       (2) a description of the specific resources required to 
     implement the strategy.

     SEC. 6106. STRENGTHENING THE NATIONAL PASSPORT INFORMATION 
                   CENTER.

       (a) Sense of Congress.--It is the sense of Congress that 
     passport wait times since 2021 have been unacceptably long 
     and have created frustration among those seeking to obtain or 
     renew passports.
       (b) Online Chat Feature.--The Department should develop an 
     online tool with the capability for customers to correspond 
     with customer service representatives regarding questions and 
     updates pertaining to their application for a passport or for 
     the renewal of a passport.
       (c) GAO Report.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate a review of NPIC operations, 
     which shall include an analysis of the extent to which NPIC--
       (1) responds to constituent inquiries by telephone, 
     including how long constituents are kept on hold and their 
     ability to be placed in a queue;
       (2) provides personalized customer service;
       (3) maintains its telecommunications infrastructure to 
     ensure it effectively handles call volumes; and
       (4) other relevant issues the Comptroller General deems 
     appropriate.

     SEC. 6107. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND 
                   TRANSPARENCY.

       (a) Online Status Tool.--Not later than 2 years after the 
     date of the enactment of this Act, the Department should 
     modernize the online passport application status tool to 
     include, to the greatest extent possible, step by step 
     updates on the status of their application, including with 
     respect to the following stages:
       (1) Submitted for processing.
       (2) In process at a lockbox facility.
       (3) Awaiting adjudication.
       (4) In process of adjudication.
       (5) Adjudicated with a result of approval or denial.
       (6) Materials shipped.
       (b) Additional Information.--The tool pursuant to 
     subsection (a) should include a display that informs each 
     passport applicant of--
       (1) the date on which his or her passport application was 
     received; and
       (2) the estimated wait time remaining in the passport 
     application process.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Assistant Secretary of State for 
     Consular Affairs shall submit a report to the appropriate 
     congressional committees that outlines a plan for coordinated 
     comprehensive public outreach to increase public awareness 
     and understanding of--
       (1) the online status tool required under subsection (a);
       (2) passport travel advisories required under section 6104; 
     and
       (3) passport wait times.

     SEC. 6108. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.

       (a) Report.--The Assistant Secretary of State for Consular 
     Affairs shall submit an annual report for 5 years to the 
     appropriated congressional committees that describes--
       (1) the number of incoming authentication requests, broken 
     down by month and type of request, to show seasonal 
     fluctuations in demand;
       (2) the average time taken by the Office of Authentications 
     of the Department of State to authenticate documents, broken 
     down by month to show seasonal fluctuations in wait times;
       (3) how the Department of State details staff to the Office 
     of Authentications; and
       (4) the impact that hiring additional, permanent, dedicated 
     staff for the Office of Authentications would have on the 
     processing times referred to in paragraph (2).
       (b) Authorization.--The Secretary of State is authorized to 
     hire additional, permanent, dedicated staff for the Office of 
     Authentications.

     SEC. 6109. ANNUAL SPECIAL IMMIGRANT VISA REPORT.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter for 5 years, the Assistant 
     Secretary of State for Consular Affairs shall submit to the 
     appropriate congressional committees, the Committee on the 
     Judiciary of the Senate, and the Committee on the Judiciary 
     of the House of Representatives a report that identifies --
       (1) the number of approved applications awaiting visas 
     authorized under section 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(4)) (commonly known as EB-4 
     visas) for special immigrants described in section 
     101(a)(27)(D) of such Act (8 U.S.C. 1101(a)(27)(D)) who are 
     employed by the United States Government, broken down by 
     country;
       (2) an estimate of--
       (A) the number of special immigrant visas authorized under 
     such section 101(a)(27)(D) that will be issued during the 
     current fiscal year; and
       (B) the number of special immigrant visa applicants who 
     will not be granted such a visa during the current fiscal 
     year;
       (3) the estimated period between the date on which a 
     qualified applicant for such a special immigrant visa submits 
     a completed application for such a visa and the date on

[[Page S2547]]

     which such applicant would be issued such a visa; and
       (4) the specific high-risk populations, broken down by 
     country, who will face increased hardship due to Department 
     of State delays in processing special immigrant visa 
     applications under such section 101(a)(27)(D).

     SEC. 6110. INCREASED ACCOUNTABILITY IN ASSIGNMENT 
                   RESTRICTIONS AND REVIEWS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the use of policies to restrict personnel from serving 
     in certain assignments may undermine the Department's ability 
     to deploy relevant cultural and linguistic skills at 
     diplomatic posts abroad if not applied judiciously; and
       (2) the Department should continuously evaluate all 
     processes relating to assignment restrictions, assignment 
     title reviews, and preclusions at the Department.
       (b) Notification of Status.--Beginning not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary shall--
       (1) provide a status update for all Department personnel 
     who, prior to such date of enactment, were subject to a prior 
     assignment restriction, assignment review, or preclusion for 
     whom a review or decision related to assignment is pending; 
     and
       (2) on an ongoing basis, provide a status update for any 
     Department personnel who has been the subject of a pending 
     assignment restriction or pending assignment review for more 
     than 30 days.
       (c) Notification Content.--The notification required under 
     subsection (b) shall inform relevant personnel, as of the 
     date of the notification--
       (1) whether any prior assignment restriction has been 
     lifted;
       (2) if their assignment status is subject to ongoing 
     review, and an estimated date for completion; and
       (3) if they are subject to any other restrictions on their 
     ability to serve at posts abroad.
       (d) Adjudication of Ongoing Assignment Reviews.--
       (1) Time limit.--The Department shall establish a 
     reasonable time limit for the Department to complete an 
     assignment review and establish a deadline by which it must 
     inform personnel of a decision related to such a review.
       (2) Appeals.--For any personnel the Department determines 
     are ineligible to serve in an assignment due to an assignment 
     restriction or assignment review, a Security Appeal Panel 
     shall convene not later than 120 days of an appeal being 
     filed.
       (3) Entry-level bidding process.--The Department shall 
     include a description of the assignment review process and 
     critical human intelligence threat posts in a briefing to new 
     officers as part of their entry-level bidding process.
       (4) Point of contact.--The Department shall designate point 
     of contacts in the Bureau of Diplomatic Security and Bureau 
     of Global Talent Management to answer employee and Career 
     Development Officer questions about assignment restrictions, 
     assignment reviews, and preclusions.
       (e) Security Review Panel.--Not later than 90 days after 
     the date of the enactment of this Act, the Security Appeal 
     Panel shall be comprised of--
       (1) the head of an office responsible for human resources 
     or discrimination who reports directly to the Secretary;
       (2) the Principal Deputy Assistant Secretary for the Bureau 
     of Global Talent Management;
       (3) the Principal Deputy Assistant Secretary for the Bureau 
     of Intelligence and Research;
       (4) an Assistant Secretary or Deputy, or equivalent, from a 
     third bureau as designated by the Under Secretary for 
     Management;
       (5) a representative from the geographic bureau to which 
     the restriction applies; and
       (6) a representative from the Office of the Legal Adviser 
     and a representative from the Bureau of Diplomatic Security, 
     who shall serve as non-voting advisors.
       (f) Appeal Rights.--Section 414(a) of the Department of 
     State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) 
     is amended by striking the first two sentences and inserting 
     ``The Secretary shall establish and maintain a right and 
     process for employees to appeal a decision related to an 
     assignment, based on a restriction, review, or preclusion. 
     Such right and process shall ensure that any such employee 
     shall have the same appeal rights as provided by the 
     Department regarding denial or revocation of a security 
     clearance.''.
       (g) FAM Update.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall amend all 
     relevant provisions of the Foreign Service Manual, and any 
     associated or related policies of the Department, to comply 
     with this section.

     SEC. 6111. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE 
                   INSTRUCTORS.

       The Secretary shall ensure that all instructors at the 
     Foreign Service Institute, including direct hires and 
     contractors, who provide language instruction are--
       (1) subject to suitability reviews and background 
     investigations; and
       (2) subject to continuous vetting or reinvestigations to 
     the extend consistent with Department and Executive policy 
     for other Department personnel.

     SEC. 6112. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.

       (a) In General.--Section 47 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2719) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Diplomatic Security Fellowship Programs.--
       ``(1) Establishment.--The Secretary of State, working 
     through the Assistant Secretary for Diplomatic Security, 
     shall establish Diplomatic Security fellowship programs to 
     provide grants to United States nationals pursuing 
     undergraduate studies who commit to pursuing a career as a 
     special agent, security engineering officer, or in the civil 
     service in the Bureau of Diplomatic Security.
       ``(2) Rulemaking.--The Secretary shall promulgate 
     regulations for the administration of Diplomatic Security 
     fellowship programs that set forth--
       ``(A) the eligibility requirements for receiving a grant 
     under this subsection;
       ``(B) the process by which eligible applicants may request 
     such a grant;
       ``(C) the maximum amount of such a grant; and
       ``(D) the educational progress to which all grant 
     recipients are obligated.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,000,000 for each of fiscal years 2024 
     through 2028 to carry out this section.

                     TITLE LXII--PERSONNEL MATTERS

             Subtitle A--Hiring, Promotion, and Development

     SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.

       Section 603(b) of the Foreign Service Act of 1980 (22 
     U.S.C. 4003(b)) is amended--
       (1) by redesignating paragraph (2), (3), and (4) as 
     paragraphs (7), (8), and (9), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) experience serving at an international organization, 
     multilateral institution, or engaging in multinational 
     negotiations;
       ``(3) willingness to serve in hardship posts overseas or 
     across geographically distinct regions;
       ``(4) experience advancing policies or developing expertise 
     that enhance the United States' competitiveness with regard 
     to critical and emerging technologies;
       ``(5) willingness to participate in appropriate and 
     relevant professional development opportunities offered by 
     the Foreign Service Institute or other educational 
     institutions associated with the Department;
       ``(6) willingness to enable and encourage subordinates at 
     various levels to avail themselves of appropriate and 
     relevant professional development opportunities offered by 
     the Foreign Service Institute or other educational 
     institutions associated with the Department;''.

     SEC. 6202. HIRING AUTHORITIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should possess hiring authorities to 
     enable recruitment of individuals representative of the 
     nation with special skills needed to address 21st century 
     diplomacy challenges; and
       (2) the Secretary shall conduct a survey of hiring 
     authorities held by the Department to identify--
       (A) hiring authorities already authorized by Congress;
       (B) others authorities granted through Presidential decree 
     or executive order; and
       (C) any authorities needed to enable recruitment of 
     individuals with the special skills described in paragraph 
     (1).
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that includes a 
     description of all existing hiring authorities and 
     legislative proposals on any new needed authorities.
       (c) Special Hiring Authority.--For an initial period of not 
     more than 3 years after the date of the enactment of this 
     Act, the Secretary may appoint, without regard to the 
     provisions of sections 3309 through 3318 of title 5, United 
     States Code, candidates directly to positions in the 
     competitive service at the Department, as defined in section 
     2102 of that title, in the following occupational series: 
     1560 Data Science, 2210 Information Technology Management, 
     and 0201 Human Resources Management.

     SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT 
                   INTERNS.

       For up to 2 years following the end of a compensated 
     internship at the Department or the United States Agency for 
     International Development, the Department or USAID may offer 
     employment to up to 25 such interns and appoint them directly 
     to positions in the competitive service, as defined in 
     section 2102 of title 5, United States Code, without regard 
     to the provisions of sections 3309 through 3318 of such 
     title.

     SEC. 6204. LATERAL ENTRY PROGRAM.

       (a) In General.--Section 404 of the Department of State 
     Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130 
     Stat. 1928) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``3-
     year'' and inserting ``5-year'';
       (B) in paragraph (5), by striking ``; and'';
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and

[[Page S2548]]

       (D) by adding at the end the following new paragraphs:
       ``(7) does not include the use of Foreign Service-Limited 
     or other noncareer Foreign Service hiring authorities; and
       ``(8) includes not fewer than 30 participants for each year 
     of the pilot program.''; and
       (2) by adding at the end the following new subsection:
       ``(e) Certification.--If the Secretary does not commence 
     the lateral entry program within 180 days after the date of 
     the enactment of this subsection, the Secretary shall submit 
     a report to the appropriate congressional committees--
       ``(1) certifying that progress is being made on 
     implementation of the pilot program and describing such 
     progress, including the date on which applicants will be able 
     to apply;
       ``(2) estimating the date by which the pilot program will 
     be fully implemented;
       ``(3) outlining how the Department will use the Lateral 
     Entry Program to fill needed skill sets in key areas such as 
     cyberspace, emerging technologies, economic statecraft, 
     multilateral diplomacy, and data and other sciences.''.

     SEC. 6205. MID-CAREER MENTORING PROGRAM.

       (a) Authorization.--The Secretary, in collaboration with 
     the Director of the Foreign Service Institute, is authorized 
     to establish a Mid-Career Mentoring Program (referred to in 
     this section as the ``Program'') for employees who have 
     demonstrated outstanding service and leadership.
       (b) Selection.--
       (1) Nominations.--The head of each bureau shall 
     semiannually nominate participants for the Program from a 
     pool of applicants in the positions described in paragraph 
     (2)(B), including from posts both domestically and abroad.
       (2) Submission of slate of nominees to secretary.--The 
     Director of the Foreign Service Institute, in consultation 
     with the Director General of the Foreign Service, shall 
     semiannually--
       (A) vet the nominees most recently nominated pursuant to 
     paragraph (1); and
       (B) submit to the Secretary a slate of applicants to 
     participate in the Program, who shall consist of at least--
       (i) 10 Foreign Service Officers and specialists classified 
     at the FS-03 or FS-04 level of the Foreign Service Salary 
     Schedule;
       (ii) 10 Civil Service employees classified at GS-12 or GS-
     13 of the General Schedule; and
       (iii) 5 Foreign Service Officers from the United States 
     Agency for International Development.
       (3) Final selection.--The Secretary shall select the 
     applicants who will be invited to participate in the Program 
     from the slate received pursuant to paragraph (2)(B) and 
     extend such an invitation to each selected applicant.
       (4) Merit principles.--Section 105 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3905) shall apply to nominations, 
     submissions to the Secretary, and selections for the Program 
     under this section.
       (c) Program Sessions.--
       (1) Frequency; duration.--All of the participants who 
     accept invitations extended pursuant to subsection (b)(3) 
     shall meet 3 to 4 times per year for training sessions with 
     high-level leaders of the Department and USAID, including 
     private group meetings with the Secretary and the 
     Administrator of the United States Agency for International 
     Development.
       (2) Themes.--Each session referred to in paragraph (1) 
     shall focus on specific themes developed jointly by the 
     Foreign Service Institute and the Executive Secretariat 
     focused on substantive policy issues and leadership 
     practices.
       (d) Mentoring Program.--The Secretary and the Administrator 
     each shall establish a mentoring and coaching program that 
     pairs a senior leader of the Department or USAID with each of 
     the program participants who complete the Program during the 
     1-year period immediately following their participation in 
     the Program.
       (e) Annual Report.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     three years, the Secretary shall submit a report to the 
     appropriate congressional committees that describes the 
     activities of the Program during the most recent year and 
     includes disaggregated demographic data on participants in 
     the Program.

     SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE 
                   PROGRAM .

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary shall submit a report to the 
     appropriate congressional committees that includes--
       (1) the average pass and fail rates for language programs 
     at the Foreign Service Institute disaggregated by language 
     during the 5-year period immediately preceding the date of 
     the enactment of this Act;
       (2) the number of language instructors at the Foreign 
     Service Institute, and a comparison of the instructor/student 
     ratio in the language programs at the Foreign Service 
     Institute disaggregated by language;
       (3) salaries for language instructors disaggregated by 
     language, and a comparison to salaries for instructors 
     teaching languages in comparable employment;
       (4) recruitment and retention plans for language 
     instructors, disaggregated by language where necessary and 
     practicable; and
       (5) any plans to increase pass rates for languages with 
     high failure rates.

     SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS 
                   OF MISSIONS.

       Section 304(b) of the Foreign Service Act of 1980 (22 
     U.S.C. 3944) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The Secretary shall also furnish to the President, on 
     an annual basis and to assist the President in selecting 
     qualified candidates for appointments or assignments as chief 
     of mission, the names of between 5 and 10 career civil 
     servants serving at the Department of State or the United 
     States Agency for International Development who are qualified 
     to serve as chiefs of mission, together with pertinent 
     information about such individuals.''.

     SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.

       (a) Establishment of Pilot Rotational Program for Civil 
     Service.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall establish a 
     program to provide qualified civil servants serving at the 
     Department an opportunity to serve at a United States 
     embassy, including identifying criteria and an application 
     process for such program.
       (b) Program.--The program established under this section 
     shall--
       (1) provide at least 20 career civil servants the 
     opportunity to serve for 2 to 3 years at a United States 
     embassy to gain additional skills and experience;
       (2) offer such civil servants the opportunity to serve in a 
     political or economic section at a United States embassy; and
       (3) include clear and transparent criteria for eligibility 
     and selection, which shall include a minimum of 5 years of 
     service at the Department.
       (c) Subsequent Position and Promotion.--Following a 
     rotation at a United States embassy pursuant to the program 
     established by this section, participants in the program must 
     be afforded, at minimum, a position equivalent in seniority, 
     compensation, and responsibility to the position occupied 
     prior serving in the program. Successful completion of a 
     rotation at a United States embassy shall be considered 
     favorably with regard to applications for promotion in civil 
     service jobs at the Department.
       (d) Implementation.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary shall identify 
     not less than 20 positions in United States embassies for the 
     program established under this section and offered at least 
     20 civil servants the opportunity to serve in a rotation at a 
     United States embassy pursuant to this section.

     SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.

       Not later than 30 days following the end of each calendar 
     quarter, the Secretary shall submit to the appropriate 
     congressional committees--
       (1) a list of every chief of mission or United States 
     representative overseas with the rank of Ambassador who, 
     during the prior quarter, was outside a country of assignment 
     for more than 14 cumulative days for purposes other than 
     official travel or temporary duty orders; and
       (2) the number of days each such chief of mission or United 
     States representative overseas with the rank of Ambassador 
     was outside a country of assignment during the previous 
     quarter for purposes other than official travel or temporary 
     duty orders.

     SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF 
                   MISSION.

       Not later than April 1, 2024, and annually thereafter for 
     the next 4 years, the Secretary shall submit to the 
     appropriate congressional committees a report that includes--
       (1) the Foreign Service cone of each current chief of 
     mission and deputy chief of mission (or whoever is acting in 
     the capacity of chief or deputy chief if neither is present) 
     for each United States embassy at which there is a Foreign 
     Service office filling either of those positions; and
       (2) aggregated data for all chiefs of mission and deputy 
     chiefs of mission described in paragraph (1), disaggregated 
     by cone.

     SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR REEMPLOYMENT 
                   BY DEPARTMENT.

       (a) No Termination or Reduction of Retirement Annuity or 
     Pay for Reemployment.--Notwithstanding section 824 of the 
     Foreign Service Act of 1980 (22 U.S.C. 4064), if a covered 
     annuitant becomes employed by the Department--
       (1) the payment of any retirement annuity, retired pay, or 
     retainer pay otherwise payable to the covered annuitant shall 
     not terminate; and
       (2) the amount of the retirement annuity, retired pay, or 
     retainer pay otherwise payable to the covered annuitant shall 
     not be reduced.
       (b) Covered Annuitant Defined.--In this section, the term 
     ``covered annuitant'' means any individual who is receiving a 
     retirement annuity under--
       (1) the Foreign Service Retirement and Disability System 
     under subchapter I of chapter 8 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 4041 et seq.); or
       (2) the Foreign Service Pension System under subchapter II 
     of such chapter (22 U.S.C. 4071 et seq.).

     SEC. 6212. ENHANCED VETTING FOR SENIOR DIPLOMATIC POSTS.

       (a) Comprehensive Policy on Vetting and Transparency.--Not 
     later than one year after the date of the enactment of this 
     Act,

[[Page S2549]]

     the Secretary shall develop a consistent and enhanced vetting 
     process to ensure that individuals with substantiated claims 
     of discrimination, harassment, or bullying are not considered 
     for assignments to senior positions.
       (b) Elements of Comprehensive Vetting Policy.--Following 
     the conclusion of any investigation into an allegation of 
     discrimination, harassment, or bullying, the Office of Civil 
     Rights, Bureau of Global Talent Management, and other offices 
     with responsibilities related to the investigation reporting 
     directly to the Secretary shall jointly or individually 
     submit a written summary of any findings of any substantiated 
     allegations, along with a summary of findings to the 
     Committee responsible for assignments to senior positions 
     prior to such Committee rendering a recommendation for 
     assignment.
       (c) Response.--The Secretary shall develop a process for 
     candidates to respond to any allegations that are 
     substantiated and presented to the Committee responsible for 
     assignments to senior positions.
       (d) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Secretary shall submit to the Department 
     workforce and the appropriate congressional committees a 
     report on the number of candidates confirmed for senior 
     diplomatic posts against whom there were found to have been 
     substantiated allegations.
       (e) Senior Positions Defined.--In this section, the term 
     ``senior positions'' means Chief of Mission, Deputy Assistant 
     Secretary, Deputy Chief of Mission, and Principal Officer 
     (i.e. Consuls General) positions.

     SEC. 6213. EFFORTS TO IMPROVE RETENTION AND PREVENT 
                   RETALIATION.

       (a) Streamlined Reporting.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     establish a single point of initial reporting for allegations 
     of discrimination, bullying, and harassment that provides an 
     initial review of the allegations and, if necessary, the 
     ability to file multiple claims based on a single complaint.
       (b) Ensuring Implementation of Corrective Action and 
     Management Recommendations.--The Secretary shall ensure 
     follow up with each complainant who makes an allegation of 
     discrimination, harassment, or bullying pursuant to 
     subsection (a) and the head of the respective bureau not 
     later than 180 days after the conclusion of any investigation 
     where an allegation is substantiated, and again one year 
     after the conclusion of any such investigation, to ensure 
     that any recommendations for corrective action related to the 
     complainant have been acted on where appropriate. If such 
     recommendations have not be implemented, a written statement 
     shall be provided to the head of the bureau and complainant 
     and affected employees explaining why the recommendations 
     have not been implemented.
       (c) Climate Surveys of Employees of the Department.--
       (1) Required biennial surveys.--Not later than 180 days 
     after the date of the enactment of this Act and every 2 years 
     thereafter, the Secretary shall conduct a Department-wide 
     survey of all Department personnel regarding harassment, 
     discrimination, bullying, and related retaliation that 
     includes workforce perspectives on the accessibility and 
     effectiveness of the Bureau of Global Talent Management and 
     Office of Civil Rights in the efforts and processes to 
     address these issues.
       (2) Required annual surveys.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall conduct an annual employee satisfaction 
     survey to assess the level of job satisfaction, work 
     environment, and overall employee experience within the 
     Department.
       (B) Open-ended responses.--The survey required under 
     subparagraph (A) shall include options for open-ended 
     responses.
       (C) Survey questions.--The survey shall include questions 
     regarding--
       (i) work-life balance;
       (ii) compensation and benefits;
       (iii) career development opportunities;
       (iv) the performance evaluation and promotion process, 
     including fairness and transparency;
       (v) communication channels and effectiveness;
       (vi) leadership and management;
       (vii) organizational culture;
       (viii) awareness and effectiveness of complaint measures;
       (ix) accessibility and accommodations;
       (x) availability of transportation to and from a work 
     station;
       (xi) information technology infrastructure functionality 
     and accessibility;
       (xii) the employee's understanding of the Department's 
     structure, mission, and goals;
       (xiii) alignment and relevance of work to the Department's 
     mission; and
       (xiv) sense of empowerment to affect positive change.
       (3) Required exit surveys.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall develop and 
     implement a standardized, confidential exit survey process 
     that includes anonymous feedback and exit interviews with 
     employees who voluntarily separate from the Department, 
     whether through resignation, retirement, or other means.
       (B) Scope.--The exit surveys conducted pursuant to 
     subparagraph (A)shall--
       (i) be designed to gather insights and feedback from 
     departing employees regarding--

       (I) their reasons for leaving, including caretaking 
     responsibilities, career limitations for partner or spouse, 
     and discrimination, harassment, bullying, or retaliation;
       (II) their overall experience with the Department; and
       (III) any suggestions for improvement; and

       (ii) include questions related to--

       (I) the employee's reasons for leaving;
       (II) job satisfaction;
       (III) work environment;
       (IV) professional growth opportunities;
       (V) leadership effectiveness;
       (VI) suggestions for enhancing the Department's 
     performance; and
       (VII) if applicable, the name and industry of the 
     employee's future employer.

       (C) Compilation of results.--The Secretary shall compile 
     and analyze the anonymized exit survey data collected 
     pursuant to this paragraph to identify trends, common themes, 
     and areas needing improvement within the Department.
       (4) Pilot surveys.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall conduct a 
     Department-wide survey for Locally Employed Staff regarding 
     retention, training, promotion, and other matters, including 
     harassment, discrimination, bullying, and related 
     retaliation, that includes workforce perspectives on the 
     accessibility and effectiveness of complaint measures.
       (5) Report.--Not later than 60 days after the conclusion of 
     each survey conducted pursuant to this subsection, the 
     Secretary shall make the key findings available to the 
     Department workforce and shall submit them to the appropriate 
     congressional committees.
       (d) Retaliation Prevention Efforts.--
       (1) Employee evaluation.--
       (A) In general.--If there is a pending investigation of 
     discrimination, bullying, or harassment against a superior 
     who is responsible for rating or reviewing the complainant 
     employee, the complainant shall be reviewed by the superior's 
     supervisor.
       (B) Effective date.--This paragraph shall take effect 90 
     days after the date of the enactment of this Act.
       (2) Retaliation prevention guidance.--Any Department 
     employee against whom an allegation of discrimination, 
     bullying, or harassment has been made shall receive written 
     guidance (a ``retaliation hold'') on the types of actions 
     that can be considered retaliation against the complainant 
     employee. The employee's immediate supervisor shall also 
     receive the retaliation hold guidance.

     SEC. 6214. NATIONAL ADVERTISING CAMPAIGN.

       Not later than 270 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees that assesses the 
     potential benefits and costs of a national advertising 
     campaign to improve the recruitment in the Civil Service and 
     the Foreign Service by raising public awareness of the 
     important accomplishments of the Department.

     SEC. 6215. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.

       Not later than two years after the date of the enactment of 
     this Act--
       (1) the Secretary shall increase the number of diplomats in 
     the Diplomats in Residence Program from 17 to at least 20; 
     and
       (2) the Administrator of the United States Agency for 
     International Development shall increase the number of 
     development diplomats in the Diplomats in Residence Program 
     from 1 to at least 3.

            Subtitle B--Pay, Benefits, and Workforce Matters

     SEC. 6221. EDUCATION ALLOWANCE.

       (a) In General.--Chapter 9 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 908. EDUCATION ALLOWANCE.

       ``A Department employee who is on leave to perform service 
     in the uniformed services (as defined in section 4303(13) of 
     title 38, United States Code) may receive an education 
     allowance if the employee would, if not for such service, be 
     eligible to receive the education allowance.''.
       (b) Clerical Amendment.--The table of contents in section 2 
     of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is 
     amended by inserting after the item relating to section 907 
     the following:

``Sec. 908. Education allowance''.

     SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE 
                   FOREIGN SERVICE.

       (a) Per Diem Allowance.--
       (1) In general.--Except as provided in paragraph (2), any 
     newly hired Foreign Service employee who is in initial 
     orientation training, or any other training expected to last 
     less than 6 months before transferring to the employee's 
     first assignment, in the Washington, D.C., area shall, for 
     the duration of such training, receive a per diem allowance 
     at the levels prescribed under subchapter I of chapter 57 of 
     title 5, United States Code.
       (2) Limitation on lodging expenses.--A newly hired Foreign 
     Service employee may not receive any lodging expenses under 
     the applicable per diem allowance pursuant to paragraph (1) 
     if that employee--
       (A) has a permanent residence in the Washington, D.C., area 
     (not including Government-supplied housing during such 
     orientation training or other training); and
       (B) does not vacate such residence during such orientation 
     training or other training.

[[Page S2550]]

       (b) Definitions.--In this section--
       (1) the term ``per diem allowance'' has the meaning given 
     that term under section 5701 of title 5, United States Code; 
     and
       (2) the term ``Washington, D.C., area'' means the 
     geographic area within a 50 mile radius of the Washington 
     Monument.

     SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND 
                   CIVIL SERVANTS.

       (a) Additional Personnel to Address Mental Health.--
       (1) In general.--The Secretary shall seek to increase the 
     number of personnel within the Bureau of Medical Services to 
     address mental health needs for both foreign and civil 
     servants.
       (2) Employment targets.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall seek 
     to employ not fewer than 15 additional personnel in the 
     Bureau of Medical Services, compared to the number of 
     personnel employed as of the date of the enactment of this 
     Act.
       (b) Study.--The Secretary shall conduct a study on the 
     accessibility of mental health care providers and services 
     available to Department personnel, including an assessment 
     of--
       (1) the accessibility of mental health care providers at 
     diplomatic posts and in the United States;
       (2) the accessibility of inpatient services for mental 
     health care for Department personnel;
       (3) steps that may be taken to improve such accessibility;
       (4) the impact of the COVID-19 pandemic on the mental 
     health of Department personnel, particularly those who served 
     abroad between March 1, 2020, and December 31, 2022, and 
     Locally Employed Staff, where information is available;
       (5) recommended steps to improve the manner in which the 
     Department advertises mental health services to the 
     workforce; and
       (6) additional authorities and resources needed to better 
     meet the mental health needs of Department personnel.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to 
     appropriate congressional committees a report containing the 
     findings of the study under subsection (b).

     SEC. 6224. EMERGENCY BACK-UP CARE.

       (a) In General.--The Secretary and the Administrator for 
     the United States Agency for International Development are 
     authorized to provide for unanticipated non-medical care, 
     including childcare, eldercare, and essential services 
     directly related to caring for an acute injury or illness, 
     for USAID and Department employees and their family members, 
     including through the provision of such non-medical services, 
     referrals to care providers, and reimbursement of reasonable 
     expenses for such services.
       (b) Limitation.--Services provided pursuant to this section 
     shall not exceed $2,000,000 per fiscal year.

     SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON-CHIEF OF 
                   MISSION PERSONNEL.

       Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 
     4084) is amended--
       (1) in subsection (g), by striking ``abroad for employees 
     and eligible family members'' and inserting ``under this 
     section''; and
       (2) by adding at the end the following new subsection:
       ``(a) Physical and Mental Health Care Services in Special 
     Circumstances.--
       ``(1) In general.--The Secretary is authorized to direct 
     health care providers employed under subsection (c) of this 
     section to furnish physical and mental health care services 
     to an individual otherwise ineligible for services under this 
     section if necessary to preserve life or limb or if intended 
     to facilitate an overseas evacuation, recovery, or return. 
     Such services may be provided incidental to the following 
     activities:
       ``(A) Activities undertaken abroad pursuant to section 3 
     and section 4 of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2670, 2671).
       ``(B) Recovery of hostages or of wrongfully or unlawfully 
     detained individuals abroad, including pursuant to section 
     302 of the Robert Levinson Hostage Recovery and Hostage-
     Taking Accountability Act (22 U.S.C. 1741).
       ``(C) Secretarial dispatches to international disaster 
     sites deployed pursuant to section 207 of the Aviation 
     Security Improvement Act of 1990 (22 U.S.C. 5506).
       ``(D) Deployments undertaken pursuant to section 
     606(a)(6)(A)(iii) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(6)(A)(iii)).
       ``(2) Prioritization of other functions.--The Secretary 
     shall prioritize the allocation of Department resources to 
     the health care program described in subsections (a) through 
     (g) above the functions described in paragraph (1).
       ``(3) Regulations.--The Secretary should prescribe 
     applicable regulations to implement this section, taking into 
     account the prioritization in paragraph (2) and the 
     activities described in paragraph (1).
       ``(4) Reimbursable basis.--Services rendered under this 
     subsection shall be provided on a reimbursable basis to the 
     extent practicable.''.

     SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR 
                   TRANSPORTATION.

       (a) Reducing Hardship for Transportation of Domestic 
     Animals.--
       (1) In general.--Notwithstanding subsections (a) and (c) of 
     section 40118 of title 49, United States Code, the Department 
     is authorized to pay for the transportation by a foreign air 
     carrier of Department personnel and any in-cabin or 
     accompanying checked baggage or cargo if--
       (A) no air carrier holding a certificate under section 
     41102 of such title is willing and able to transport up to 3 
     domestic animals accompanying such Federal personnel; and
       (B) the transportation is from a place--
       (i) outside the United States to a place in the United 
     States;
       (ii) in the United States to a place outside the United 
     States; or
       (iii) outside the United States to another place outside 
     the United States.
       (2) Limitation.--An amount paid pursuant to paragraph (1) 
     for transportation by a foreign carrier may not be greater 
     than the amount that would otherwise have been paid had the 
     transportation been on an air carrier holding a certificate 
     under section 41102 had that carrier been willing and able to 
     provide such transportation. If the amount that would 
     otherwise have been paid to such an air carrier is less than 
     the cost of transportation on the applicable foreign carrier, 
     the Department personnel may pay the difference of such 
     amount.
       (3) Domestic animal defined.--In this subsection, the term 
     ``domestic animal'' means a dog or a cat.

     SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED 
                   STAFF DURING EMERGENCIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) locally employed staff provide essential contributions 
     at United States diplomatic and consular posts around the 
     world, including by providing--
       (A) security to United States government personnel serving 
     in the country;
       (B) advice, expertise, and other services for the promotion 
     of political, economic, public affairs, commercial, security, 
     and other interests of critical importance to the United 
     States;
       (C) a wide range of logistical and administrative support 
     to every office in each mission working to advance United 
     States interests around the world, including services and 
     support vital to the upkeep and maintenance of United States 
     missions;
       (D) consular services to support the welfare and well-being 
     of United States citizens and to provide for the expeditious 
     processing of visa applications;
       (E) institutional memory on a wide range of embassy 
     engagements on bilateral issues; and
       (F) enduring connections to host country contacts, both 
     inside and outside the host government, including within 
     media, civil society, the business community, academia, the 
     armed forces, and elsewhere; and
       (2) locally employed staff make important contributions 
     that should warrant the United States Government to give due 
     consideration for their security and safety when diplomatic 
     missions face emergency situations.
       (b) Authorization to Provide Emergency Support.--In 
     emergency situations, in addition to other authorities that 
     may be available in emergencies or other exigent 
     circumstances, the Secretary is authorized to use funds made 
     available to the Department to provide support to ensure the 
     safety and security of locally employed staff and their 
     immediate family members, including for--
       (1) providing transport or relocating locally employed 
     staff and their immediate family members to a safe and secure 
     environment;
       (2) providing short-term housing or lodging for up to six 
     months for locally employed staff and their immediate family 
     members;
       (3) procuring or providing other essential items and 
     services to support the safety and security of locally 
     employed staff and their immediate family members.
       (c) Temporary Housing.--To ensure the safety and security 
     of locally employed staff and their immediate family members 
     consistent with this section, Chiefs of Missions are 
     authorized to allow locally employed staff and their 
     immediate family members to reside temporarily in the 
     residences of United States direct hire employees, either in 
     the host country or other countries, provided that such stays 
     are offered voluntarily by United States direct hire 
     employees.
       (d) Foreign Affairs Manual.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     amend the Foreign Affairs Manual to reflect the 
     authorizations and requirements of this section.
       (e) Emergency Situation Defined.--In this section, the term 
     ``emergency situation'' means armed conflict, civil unrest, 
     natural disaster, or other types of instability that pose a 
     threat to the safety and security of locally employed staff, 
     particularly when and if a United States diplomatic or 
     consular post must suspend operations.
       (f) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report 
     describing prior actions the Department has taken with regard 
     to locally employed staff and their immediate family members 
     following suspensions or closures of United States diplomatic 
     posts over the prior 10 years, including Kyiv, Kabul, Minsk, 
     Khartoum, and Juba.
       (2) Elements.--The report required under paragraph (1) 
     shall--

[[Page S2551]]

       (A) describe any actions the Department took to assist 
     locally employed staff and their immediate family members;
       (B) identify any obstacles that made providing support or 
     assistance to locally employed staff and their immediate 
     family members difficult;
       (C) examine lessons learned and propose recommendations to 
     better protect the safety and security of locally employed 
     staff and their family members, including any additional 
     authorities that may be required; and
       (D) provide an analysis of and offer recommendations on any 
     other steps that could improve efforts to protect the safety 
     and security of locally employed staff and their immediate 
     family members.

     SEC. 6228. INTERNET AT HARDSHIP POSTS.

        Section 3 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2670) is amended--
       (1) in subsection (l), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subsection (m) by striking the period at the end and 
     by inserting ``; and''; and
       (3) by adding at the end the following new subsection:
       ``(n) pay expenses to provide internet services in 
     residences owned or leased by the United States Government in 
     foreign countries for the use of Department personnel where 
     Department personnel receive a post hardship differential 
     equivalent to 30 percent or more above basic compensation.''.

     SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN.

       (a) Establishment and Implementation of Prevailing Wage 
     Rates Goal.--Section 401(a) of the Department of State 
     Authorities Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is 
     amended in the matter preceding paragraph (1), by striking 
     ``periodically'' and inserting ``every 3 years''.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that includes--
       (1) compensation (including position classification) plans 
     for locally employed staff based upon prevailing wage rates 
     and compensation practices for corresponding types of 
     positions in the locality of employment; and
       (2) an assessment of the feasibility and impact of changing 
     the prevailing wage rate goal for positions in the local 
     compensation plan from the 50th percentile to the 75th 
     percentile.

     SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOREIGN SERVICE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) challenges finding and maintaining spousal employment 
     and family dissatisfaction are one of the leading reasons 
     employees cite for leaving the Department;
       (2) tandem Foreign Service personnel represent important 
     members of the Foreign Service community, who act as force 
     multipliers for our diplomacy;
       (3) the Department can and should do more to keep tandem 
     couples posted together and consider family member employment 
     needs when assigning tandem officers; and
       (4) common sense steps providing more flexibility in the 
     assignments process would improve outcomes for tandem 
     officers without disadvantaging other Foreign Service 
     officers.
       (b) Definitions.--In this section:
       (1) Family togetherness.--The term ``family togetherness'' 
     means facilitating the placement of Foreign Service personnel 
     at the same United States diplomatic post when both spouses 
     are members of a tandem couple of Foreign Service personnel.
       (2) Tandem foreign service personnel; tandem.--The terms 
     ``tandem Foreign Service personnel'' and ``tandem'' mean a 
     member of a couple of which one spouse is a career or career 
     candidate employee of the Foreign Service and the other 
     spouse is a career or career candidate employee of the 
     Foreign Service or an employee of one of the agencies 
     authorized to use the Foreign Service Personnel System under 
     section 202 of the Foreign Service Act of 1980 (22 U.S.C. 
     3922).
       (c) Family Togetherness in Assignments.--Not later than 90 
     days after the date of enactment of this Act, the Department 
     shall amend and update its policies to further promote the 
     principle of family togetherness in the Foreign Service, 
     which shall include the following:
       (1) Entry-level foreign service personnel.--The Secretary 
     shall adopt policies and procedures to facilitate the 
     assignment of entry-level tandem Foreign Service personnel on 
     directed assignments to the same diplomatic post or country 
     as their tandem spouse if they request to be assigned to the 
     same post or country. The Secretary shall also provide a 
     written justification to the requesting personnel explaining 
     any denial of a request that would result in a tandem couple 
     not serving together at the same post or country.
       (2) Tenured foreign service personnel.--The Secretary shall 
     add family togetherness to the criteria when making a needs 
     of the Service determination, as defined by the Foreign 
     Affairs Manual, for the placement of tenured tandem Foreign 
     Service personnel at United States diplomatic posts.
       (3) Updates to antinepotism policy.--The Secretary shall 
     update antinepotism policies so that nepotism rules only 
     apply when an employee and a relative are placed into 
     positions wherein they jointly and exclusively control 
     government resources, property, or money or establish 
     government policy.
       (4) Temporary supervision of tandem spouse.--The Secretary 
     shall update policies to allow for a tandem spouse to 
     temporarily supervise another tandem spouse for up to 90 days 
     in a calendar year, including at a United States diplomatic 
     mission.
       (d) Report.--Not later than 90 days after the date of 
     enactment of this Act, and annually thereafter for two years, 
     the Secretary shall submit to the appropriate congressional 
     committees a report that includes--
       (1) the number of Foreign Service tandem couples currently 
     serving;
       (2) the number of Foreign Service tandems currently serving 
     in separate locations, or, to the extent possible, are on 
     leave without pay (LWOP); and
       (3) an estimate of the cost savings that would result if 
     all Foreign Service tandem couples were placed at a single 
     post.

     SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Department shall submit to the appropriate 
     congressional committees, the Committee on Appropriations of 
     the Senate, and the Committee on Appropriations of the House 
     of Representatives a report that includes--
       (1) a list of the overseas United States diplomatic 
     missions that, as of the date of the enactment of this Act, 
     are not readily accessible to and usable by individuals with 
     disabilities;
       (2) any efforts in progress to make such missions readily 
     accessible to and usable by individuals with disabilities; 
     and
       (3) an estimate of the cost to make all such missions 
     readily accessible to and usable by individuals with 
     disabilities.

     SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report that includes--
       (1) a detailed report on the Department's efforts to equip 
     100 percent of United States embassies and consulates with 
     dedicated lactation spaces, other than bathrooms, that are 
     shielded from view and free from intrusion from coworkers and 
     the public for use by employees, including the expected 
     demand for such space as well as the status of such rooms 
     when there is no demand for such space; and
       (2) a description of costs and other resources needed to 
     provide such spaces.

     SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE 
                   TRANSFERS BETWEEN FOREIGN SERVICE OFFICERS.

       The Secretary shall assess the effectiveness of knowledge 
     transfers between Foreign Service officers who are departing 
     from overseas positions and Foreign Service Officers who are 
     arriving at such positions, and make recommendations for 
     approving such knowledge transfers, as appropriate, by--
       (1) not later than 90 days after the date of the enactment 
     of this Act, conducting a written survey of a representative 
     sample of Foreign Service Officers working in overseas 
     assignments that analyzes the effectiveness of existing 
     mechanisms to facilitate transitions, including training, 
     mentorship, information technology, knowledge management, 
     relationship building, the role of locally employed staff, 
     and organizational culture; and
       (2) not later than 120 days after the date of the enactment 
     of this Act, submitting to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives a report that includes a summary and 
     analysis of results of the survey conducted pursuant to 
     paragraph (1) that--
       (A) identifies best practices and areas for improvement;
       (B) describes the Department's methodology for determining 
     which Foreign Service Officers should receive familiarization 
     trips before arriving at a new post;
       (C) includes recommendations regarding future actions the 
     Department should take to maximize effective knowledge 
     transfer between Foreign Service Officers;
       (D) identifies any steps taken, or intended to be taken, to 
     implement such recommendations, including any additional 
     resources or authorities necessary to implement such 
     recommendations; and
       (E) provides recommendations to Congress for legislative 
     action to advance the priority described in subparagraph (C).

     SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT 
                   OF STATE EMPLOYEES LOCATED IN UNITED STATES 
                   TERRITORIES.

       (a) In General.--An individual employed by the Department 
     at a location described in subsection (b) shall be eligible 
     for a cost-of-living allowance for the education of the 
     dependents of such employee in an amount that does not exceed 
     the educational allowance authorized by the Secretary of 
     Defense for such location.
       (b) Location Described.--A location is described in this 
     subsection if--
       (1) such location is in a territory of the United States; 
     and
       (2) the Secretary of Defense has determined that schools 
     available in such location are unable to adequately provide 
     for the education of--
       (A) dependents of members of the Armed Forces; or
       (B) dependents of employees of the Department of Defense.

[[Page S2552]]

  


         TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

     SEC. 6301. DATA-INFORMED DIPLOMACY.

       (a) Findings.--Congress makes the following findings:
       (1) In a rapidly evolving and digitally interconnected 
     global landscape, access to and maintenance of reliable, 
     readily available data is key to informed decisionmaking and 
     diplomacy and therefore should be considered a strategic 
     asset.
       (2) In order to achieve its mission in the 21st century, 
     the Department must adapt to these trends by maintaining and 
     providing timely access to high-quality data at the time and 
     place needed, while simultaneously cultivating a data-savvy 
     workforce.
       (3) Leveraging data science and data analytics has the 
     potential to improve the performance of the Department's 
     workforce by providing otherwise unknown insights into 
     program deficiencies, shortcomings, or other gaps in 
     analysis.
       (4) While innovative technologies such as artificial 
     intelligence and machine learning have the potential to 
     empower the Department to analyze and act upon data at scale, 
     systematized, sustainable data management and information 
     synthesis remain a core competency necessary for data-driven 
     decisionmaking.
       (5) The goals set out by the Department's Enterprise Data 
     Council (EDC) as the areas of most critical need for the 
     Department, including Cultivating a Data Culture, 
     Accelerating Decisions through Analytics, Establishing 
     Mission-Driven Data Management, and Enhancing Enterprise Data 
     Governance, are laudable and will remain critical as the 
     Department develops into a data-driven agency.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should prioritize the recruitment and 
     retainment of top data science talent in support of its data-
     informed diplomacy efforts as well as its broader 
     modernization agenda; and
       (2) the Department should strengthen data fluency among its 
     workforce, promote data collaboration across and within its 
     bureaus, and enhance its enterprise data oversight.

     SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF 
                   DATA OFFICER PROGRAM.

       (a) Bureau Chief Data Officer Program.--
       (1) Establishment.--The Secretary shall establish a 
     program, which shall be known as the ``Bureau Chief Data 
     Officer Program'' (referred to in this section as the 
     ``Program''), overseen by the Department's Chief Data 
     Officer. The Bureau Chief Data Officers hired under this 
     program shall report to the Department's Chief Data Officer.
       (2) Goals.--The goals of the Program shall include the 
     following:
       (A) Cultivating a data culture by promoting data fluency 
     and data collaboration across the Department.
       (B) Promoting increased data analytics use in critical 
     decisionmaking areas.
       (C) Promoting data integration and standardization.
       (D) Increasing efficiencies across the Department by 
     incentivizing acquisition of enterprise data solutions and 
     subscription data services to be shared across bureaus and 
     offices and within bureaus.
       (b) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives an 
     implementation plan that outlines strategies for--
       (1) advancing the goals described in subsection (a)(2);
       (2) hiring Bureau Chief Data Officers at the GS-14 or GS-15 
     grade or a similar rank;
       (3) assigning at least one Bureau Chief Data Officer to--
       (A) each regional bureau of the Department;
       (B) the Bureau of International Organization Affairs;
       (C) the Office of the Chief Economist;
       (D) the Office of the Science and Technology Advisor;
       (E) the Bureau of Cyber and Digital Policy;
       (F) the Bureau of Diplomatic Security;
       (G) the Bureau for Global Talent Management; and
       (H) the Bureau of Consular Affairs; and
       (4) allocation of necessary resources to sustain the 
     Program.
       (c) Assignment.--In implementing the Bureau Chief Data 
     Officer Program, Bureaus may not dual-hat currently employed 
     personnel as Bureau Chief Data Officers.
       (d) Annual Reporting Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter for the following 3 years, the Secretary shall 
     submit a report to the appropriate congressional committees 
     regarding the status of the implementation plan required 
     under subsection (b).

     SEC. 6303. TASK FORCE TO ADDRESS ARTIFICIAL INTELLIGENCE-
                   ENABLED INFLUENCE OPERATIONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the rapid development of publicly available, affordable 
     generative artificial intelligence (AI) technology, including 
     the use of large language models (LLM) to fuel natural 
     language processing applications, has the potential to 
     fundamentally alter the nature of disinformation and 
     propaganda campaigns by enabling finely tailored, auto-
     generated disinformation swiftly, in any language, at scale, 
     and at low-costs;
       (2) academia and private industry, including social media 
     platforms, play a critical role in establishing safeguards 
     for powerful, publicly available tools for producing AI-
     generated content, and it is in the United States national 
     security interest to ensure that these technologies are not 
     misused by foreign malign actors to enhance influence 
     operations abroad;
       (3) the ability to identify, track, and label original 
     text, audio, and visual content is becoming increasingly 
     vital to United States national interests as sophisticated 
     AI-generated content creation becomes increasingly available 
     to the public at low costs;
       (4) coalitions such as the Content Authenticity Initiative 
     (CAI) and the Coalition for Content Provenance and Authority 
     (C2PA) play important roles in establishing open industry 
     standards for content authenticity and digital content 
     provenance, which will become increasingly vulnerable to 
     manipulation and distortion through AI-powered tools; and
       (5) the Department, as the lead agency for United States 
     public diplomacy, should work within the interagency process 
     to develop a common approach to United States international 
     engagement on issues related to AI-enabled disinformation.
       (b) Statement of Policy.--It shall be the policy of the 
     United States--
       (1) to share knowledge with allies and partners of 
     instances when foreign state actors have leveraged generative 
     AI to augment disinformation campaigns or propaganda;
       (2) to work with private industry and academia to mitigate 
     the risks associated with public research on generative AI 
     technologies; and
       (3) to support efforts in developing digital content 
     provenance detection techniques and technologies in line with 
     United States national security interests.
       (c) Establishment of Countering AI-Enabled Disinformation 
     Task Force.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall establish 
     within the Department a Countering AI-Enabled Disinformation 
     Task Force (referred to in this section as the ``Task 
     Force'') to--
       (A) identify potential responses to the growing threat of 
     AI-enabled disinformation and its use by foreign state actors 
     to augment influence operations and disinformation campaigns;
       (B) work closely with private industry and academia to 
     identify and coordinate efforts in developing digital content 
     provenance detection techniques and technologies;
       (C) develop the Department's internal coordination across 
     regional and functional bureaus on the issue of AI-enabled 
     disinformation;
       (D) develop a unified approach to international 
     coordination on--
       (i) establishing standards around digital content 
     provenance techniques and technologies, specifically as it 
     relates to countering AI-enabled disinformation campaign; and
       (ii) assessing the potential for establishing frameworks 
     around the proliferation of tools that facilitate AI-enabled 
     disinformation; and
       (E) identify any additional tools or resources necessary to 
     enhance the Department's ability to--
       (i) detect AI-enabled foreign disinformation and 
     propaganda;
       (ii) rapidly produce original counter-messaging to address 
     AI-enabled disinformation campaigns;
       (iii) expand digital literacy programming abroad to include 
     education on how media consumers in recipient countries can 
     identify and inoculate themselves from synthetically produced 
     media; and
       (iv) coordinate and collaborate with other governments, 
     international organizations, civil society, the private 
     sector, and others, as necessary.
       (2) Membership.--The Task Force shall be comprised of a 
     representative from relevant offices, as determined by the 
     Secretary, including--
       (A) the Bureau of Cyberspace and Digital Policy;
       (B) the Under Secretary for Public Diplomacy and Public 
     Affairs;
       (C) the Global Engagement Center;
       (D) the Office of the Science and Technology Advisor to the 
     Secretary;
       (E) the Bureau of Oceans and International Environmental 
     and Scientific Affairs;
       (F) the Bureau for Intelligence and Research;
       (G) the Center for Analytics of the Office of Management 
     Strategy and Solutions;
       (H) the Foreign Service Institute School of Applied 
     Information Technology; and
       (I) any others the Secretary determines appropriate.
       (d) Task Force Report.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the appropriate congressional committees on the 
     establishment and progress of the Task Force's work, 
     including in pursuit of the objectives described in 
     subsection(c)(1).
       (e) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given that term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 
     note).

[[Page S2553]]

       (2) Digital content provenance.--The term ``digital content 
     provenance'' means the verifiable chronology of the origin 
     and history of a piece of digital content, such as an image, 
     video, audio recording, or electronic document.

     SEC. 6304. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE 
                   OFFICER OF THE DEPARTMENT OF STATE.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended by adding at the end the 
     following new subsection:
       ``(n) Chief Artificial Intelligence Officer.--
       ``(1) In general.--There shall be within the Department of 
     State a Chief Artificial Intelligence Officer, which may be 
     dual-hatted as the Department's Chief Data Officer, who shall 
     be a member of the Senior Executive Service.
       ``(2) Duties described.--The principal duties and 
     responsibilities of the Chief Artificial Intelligence Officer 
     shall be--
       ``(A) to evaluate, oversee, and, if appropriate, facilitate 
     the responsible adoption of artificial intelligence (AI) and 
     machine learning applications to help inform decisions by 
     policymakers and to support programs and management 
     operations of the Department of State; and
       ``(B) to act as the principal advisor to the Secretary of 
     State on the ethical use of AI and advanced analytics in 
     conducting data-informed diplomacy.
       ``(3) Qualifications.--The Chief Artificial Intelligence 
     Officer should be an individual with demonstrated skill and 
     competency in--
       ``(A) the use and application of data analytics, AI, and 
     machine learning; and
       ``(B) transformational leadership and organizational change 
     management, particularly within large, complex organizations.
       ``(4) Partner with the chief information officer on scaling 
     artificial intelligence use cases.--To ensure alignment 
     between the Chief Artificial Intelligence Officer and the 
     Chief Information Officer, the Chief Information Officer will 
     consult with the Chief Artificial Intelligence Officer on 
     best practices for rolling out and scaling AI capabilities 
     across the Bureau of Information and Resource Management's 
     broader portfolio of software applications.
       ``(5) Artificial intelligence defined.--In this subsection, 
     the term `artificial intelligence' has the meaning given the 
     term in section 238(g) of the National Defense Authorization 
     Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 
     note).''.

     SEC. 6305. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE 
                   DEPARTMENT OF STATE.

       (a) In General.--The Chief Information Officer of the 
     Department shall be consulted on all decisions to approve or 
     disapprove, significant new unclassified information 
     technology expenditures, including software, of the 
     Department, including expenditures related to information 
     technology acquired, managed, and maintained by other bureaus 
     and offices within the Department, in order to--
       (1) encourage the use of enterprise software and 
     information technology solutions where such solutions exist 
     or can be developed in a timeframe and manner consistent with 
     maintaining and enhancing the continuity and improvement of 
     Department operations;
       (2) increase the bargaining power of the Department in 
     acquiring information technology solutions across the 
     Department;
       (3) reduce the number of redundant Authorities to Operate 
     (ATO), which, instead of using one ATO-approved platform 
     across bureaus, requires multiple ATOs for software use cases 
     across different bureaus;
       (4) enhance the efficiency, reduce redundancy, and increase 
     interoperability of the use of information technology across 
     the enterprise of the Department;
       (5) enhance training and alignment of information 
     technology personnel with the skills required to maintain 
     systems across the Department;
       (6) reduce costs related to the maintenance of, or 
     effectuate the retirement of, legacy systems;
       (7) ensure the development and maintenance of security 
     protocols regarding the use of information technology 
     solutions and software across the Department; and
       (8) improve end-user training on the operation of 
     information technology solutions and to enhance end-user 
     cybersecurity practices.
       (b) Strategy and Implementation Plan Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer of 
     the Department shall develop, in consultation with relevant 
     bureaus and offices as appropriate, a strategy and a 5-year 
     implementation plan to advance the objectives described in 
     subsection (a).
       (2) Consultation.--No later than one year after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall submit the strategy required by this subsection to the 
     appropriate congressional committees and shall consult with 
     the appropriate congressional committees, not less than on an 
     annual basis for 5 years, regarding the progress related to 
     the implementation plan required by this subjection.
       (c) Improvement Plan for the Bureau for Information 
     Resources Management.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall develop policies and protocols to improve the customer 
     service orientation, quality and timely delivery of 
     information technology solutions, and training and support 
     for bureau and office-level information technology officers.
       (2) Survey.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter for five 
     years, the Chief Information Officer shall undertake a client 
     satisfaction survey of bureau information technology officers 
     to obtain feedback on metrics related to--
       (A) customer service orientation of the Bureau of 
     Information Resources Management;
       (B) quality and timelines of capabilities delivered;
       (C) maintenance and upkeep of information technology 
     solutions;
       (D) training and support for senior bureau and office-level 
     information technology officers; and
       (E) other matters which the Chief Information Officer, in 
     consultation with client bureaus and offices, determine 
     appropriate.
       (3) Submission of findings.--Not later than 60 days after 
     completing each survey required under paragraph (2), the 
     Chief Information Officer shall submit a summary of the 
     findings to the appropriate congressional committees.
       (d) Significant Expenditure Defined.--For purposes of this 
     section, the term ``significant expenditure'' means any 
     cumulative expenditure in excess of $250,000 total in a 
     single fiscal year for a new unclassified software or 
     information technology capability.

     SEC. 6306. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE 
                   GOVERNANCE.

        It is the sense of Congress that in order to modernize the 
     Department, enterprise-wide governance regarding budget and 
     finance, information technology, and the creation, analysis, 
     and use of data across the Department is necessary to better 
     align resources to strategy, including evaluating trade-offs, 
     and to enhance efficiency and security in using data and 
     technology as tools to inform and evaluate the conduct of 
     United States foreign policy.

     SEC. 6307. DIGITAL CONNECTIVITY AND CYBERSECURITY 
                   PARTNERSHIP.

       (a) Digital Connectivity and Cybersecurity Partnership.--
     The Secretary is authorized to establish a program, which may 
     be known as the ``Digital Connectivity and Cybersecurity 
     Partnership'', to help foreign countries--
       (1) expand and increase secure internet access and digital 
     infrastructure in emerging markets, including demand for and 
     availability of high-quality information and communications 
     technology (ICT) equipment, software, and services;
       (2) protect technological assets, including data;
       (3) adopt policies and regulatory positions that foster and 
     encourage open, interoperable, reliable, and secure internet, 
     the free flow of data, multi-stakeholder models of internet 
     governance, and pro-competitive and secure ICT policies and 
     regulations;
       (4) access United States exports of ICT goods and services;
       (5) expand interoperability and promote the diversification 
     of ICT goods and supply chain services to be less reliant on 
     PRC imports;
       (6) promote best practices and common standards for a 
     national approach to cybersecurity; and
       (7) advance other priorities consistent with paragraphs (1) 
     through (6), as determined by the Secretary.
       (b) Use of Funds.--Funds made available to carry out this 
     section, including unexpended funds from fiscal years 2018 
     through 2022, may be used to strengthen civilian 
     cybersecurity and information and communications technology 
     capacity, including participation of foreign law enforcement 
     and military personnel in non-military activities, 
     notwithstanding any other provision of law, provided that 
     such support is essential to enabling civilian and law 
     enforcement of cybersecurity and information and 
     communication technology related activities in their 
     respective countries.
       (c) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate congressional committees an implementation 
     plan for the coming year to advance the goals identified in 
     subsection (a).
       (d) Consultation.--In developing and operationalizing the 
     implementation plan required under subsection (c), the 
     Secretary shall consult with--
       (1) the appropriate congressional committees, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives;
       (2) United States industry leaders;
       (3) other relevant technology experts, including the Open 
     Technology Fund;
       (4) representatives from relevant United States Government 
     agencies; and
       (5) representatives from like-minded allies and partners.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000,000 for each of fiscal years 2024 
     through 2028 to carry out this section. Such funds, including 
     funds authorized to be appropriated under the heading 
     ``Economic Support Fund'', may be made available, 
     notwithstanding any other provision of law to strengthen 
     civilian cybersecurity and information and communications 
     technology capacity, including for participation of foreign 
     law enforcement and military personnel in

[[Page S2554]]

     non-military activities, and for contributions. Such funds 
     shall remain available until expended.

     SEC. 6308. ESTABLISHMENT OF A CYBERSPACE, DIGITAL 
                   CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT) 
                   FUND.

       Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2301 et seq.) is amended by adding at the end the following 
     new chapter:

      ``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED 
                        TECHNOLOGIES (CDT) FUND

     ``SEC. 591. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Increasingly digitized and interconnected social, 
     political, and economic systems have introduced new 
     vulnerabilities for malicious actors to exploit, which 
     threatens economic and national security.
       ``(2) The rapid development, deployment, and integration of 
     information and communication technologies into all aspects 
     of modern life bring mounting risks of accidents and 
     malicious activity involving such technologies, and their 
     potential consequences.
       ``(3) Because information and communication technologies 
     are globally manufactured, traded, and networked, the 
     economic and national security of the United State depends 
     greatly on cybersecurity practices of other actors, including 
     other countries.
       ``(4) United States assistance to countries and 
     international organizations to bolster civilian capacity to 
     address national cybersecurity and deterrence in cyberspace 
     can help--
       ``(A) reduce vulnerability in the information and 
     communication technologies ecosystem; and
       ``(B) advance national and economic security objectives.

     ``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR 
                   CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED 
                   TECHNOLOGIES (CDT) CAPACITY BUILDING 
                   ACTIVITIES.

       ``(a) Authorization.--The Secretary of State is authorized 
     to provide assistance to foreign governments and 
     organizations, including national, regional, and 
     international institutions, on such terms and conditions as 
     the Secretary may determine, in order to--
       ``(1) advance a secure and stable cyberspace;
       ``(2) protect and expand trusted digital ecosystems and 
     connectivity;
       ``(3) build the cybersecurity capacity of partner countries 
     and organizations; and
       ``(4) ensure that the development of standards and the 
     deployment and use of technology supports and reinforces 
     human rights and democratic values, including through the 
     Digital Connectivity and Cybersecurity Partnership.
       ``(b) Scope of Uses.--Assistance under this section may 
     include programs to--
       ``(1) advance the adoption and deployment of secure and 
     trustworthy information and communications technology (ICT) 
     infrastructure and services, including efforts to grow global 
     markets for secure ICT goods and services and promote a more 
     diverse and resilient ICT supply chain;
       ``(2) provide technical and capacity building assistance 
     to--
       ``(A) promote policy and regulatory frameworks that create 
     an enabling environment for digital connectivity and a 
     vibrant digital economy;
       ``(B) ensure technologies, including related new and 
     emerging technologies, are developed, deployed, and used in 
     ways that support and reinforce democratic values and human 
     rights;
       ``(C) promote innovation and competition; and
       ``(D) support digital governance with the development of 
     rights-respecting international norms and standards;
       ``(3) help countries prepare for, defend against, and 
     respond to malicious cyber activities, including through--
       ``(A) the adoption of cybersecurity best practices;
       ``(B) the development of national strategies to enhance 
     cybersecurity;
       ``(C) the deployment of cybersecurity tools and services to 
     increase the security, strength, and resilience of networks 
     and infrastructure;
       ``(D) support for the development of cybersecurity watch, 
     warning, response, and recovery capabilities, including 
     through the development of cybersecurity incident response 
     teams;
       ``(E) support for collaboration with the Cybersecurity and 
     Infrastructure Security Agency (CISA) and other relevant 
     Federal agencies to enhance cybersecurity;
       ``(F) programs to strengthen allied and partner 
     governments' capacity to detect, investigate, deter, and 
     prosecute cybercrimes;
       ``(G) programs to provide information and resources to 
     diplomats engaging in discussions and negotiations around 
     international law and capacity building measures related to 
     cybersecurity;
       ``(H) capacity building for cybersecurity partners, 
     including law enforcement and military entities as described 
     in subsection (f);
       ``(I) programs that enhance the ability of relevant 
     stakeholders to act collectively against shared cybersecurity 
     threats;
       ``(J) the advancement of programs in support of the 
     Framework of Responsible State Behavior in Cyberspace; and
       ``(K) the fortification of deterrence instruments in 
     cyberspace; and
       ``(4) such other purpose and functions as the Secretary of 
     State may designate.
       ``(c) Responsibility for Policy Decisions and 
     Justification.--The Secretary of State shall be responsible 
     for policy decisions regarding programs under this chapter, 
     with respect to--
       ``(1) whether there will be cybersecurity and digital 
     capacity building programs for a foreign country or entity 
     operating in that country;
       ``(2) the amount of funds for each foreign country or 
     entity; and
       ``(3) the scope and nature of such uses of funding.
       ``(d) Detailed Justification for Uses and Purposes of 
     Funds.--The Secretary of State shall provide, on an annual 
     basis, a detailed justification for the uses and purposes of 
     the amounts provided under this chapter, including 
     information concerning--
       ``(1) the amounts and kinds of grants;
       ``(2) the amounts and kinds of budgetary support provided, 
     if any; and
       ``(3) the amounts and kinds of project assistance provided 
     for what purpose and with such amounts.
       ``(e) Assistance and Funding Under Other Authorities.--The 
     authority granted under this section to provide assistance or 
     funding for countries and organizations does not preclude the 
     use of funds provided to carry out other authorities also 
     available for such purpose.
       ``(f) Availability of Funds.--Amounts appropriated to carry 
     out this chapter may be used, notwithstanding any other 
     provision of law, to strengthen civilian cybersecurity and 
     information and communications technology capacity, including 
     participation of foreign law enforcement and military 
     personnel in non-military activities, provided that such 
     support is essential to enabling civilian and law enforcement 
     of cybersecurity and information and communication technology 
     related activities in their respective countries.
       ``(g) Notification Requirements.--Funds made available 
     under this section shall be obligated in accordance with the 
     procedures applicable to reprogramming notifications pursuant 
     to section 634A of this Act.

     ``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.

       ``(a) In General.--The Secretary of State, in consultation 
     as appropriate with other relevant Federal departments and 
     agencies is authorized to conduct a review that--
       ``(1) analyzes the United States Government's capacity to 
     promptly and effectively deliver emergency support to 
     countries experiencing major cybersecurity and ICT incidents;
       ``(2) identifies relevant factors constraining the support 
     referred to in paragraph (1); and
       ``(3) develops a strategy to improve coordination among 
     relevant Federal agencies and to resolve such constraints.
       ``(b) Report.--Not later than one year after the date of 
     the enactment of this chapter, the Secretary of State shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that contains the results of the review 
     conducted pursuant to subsection (a).

     ``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated $150,000,000 
     during the 5-year period beginning on October 1, 2023, to 
     carry out the purposes of this chapter.''.

     SEC. 6309. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE 
                   DEPARTMENT OF STATE IN POSITIONS HIGHLY 
                   VULNERABLE TO CYBER ATTACK.

       (a) Definitions.--In this section:
       (1) At-risk personnel.--The term ``at-risk personnel'' 
     means personnel of the Department--
       (A) whom the Secretary determines to be highly vulnerable 
     to cyber attacks and hostile information collection 
     activities because of their positions in the Department; and
       (B) whose personal technology devices or personal accounts 
     are highly vulnerable to cyber attacks and hostile 
     information collection activities.
       (2) Personal accounts.--The term ``personal accounts'' 
     means accounts for online and telecommunications services, 
     including telephone, residential internet access, email, text 
     and multimedia messaging, cloud computing, social media, 
     health care, and financial services, used by personnel of the 
     Department outside of the scope of their employment with the 
     Department.
       (3) Personal technology devices.--The term ``personal 
     technology devices'' means technology devices used by 
     personnel of the Department outside of the scope of their 
     employment with the Department, including networks to which 
     such devices connect.
       (b) Requirement to Provide Cyber Protection Support.--The 
     Secretary, in consultation with the Director of National 
     Intelligence--
       (1) shall offer cyber protection support for the personal 
     technology devices and personal accounts of at-risk 
     personnel; and
       (2) may provide the support described in paragraph (1) to 
     any Department personnel who request such support.
       (c) Nature of Cyber Protection Support.--Subject to the 
     availability of resources, the cyber protection support 
     provided to personnel pursuant to subsection (b) may include 
     training, advice, assistance, and other services relating to 
     protection against cyber attacks and hostile information 
     collection activities.
       (d) Privacy Protections for Personal Devices.--The 
     Department is prohibited from accessing or retrieving any 
     information

[[Page S2555]]

     from any personal technology device or personal account of 
     Department employees receiving cyber protection support 
     described by this section unless--
       (1) access or information retrieval is necessary for 
     carrying out the cyber protection support specified in this 
     section; and
       (2) the Department has received explicit consent from the 
     employee to access a personal technology device or personal 
     account prior to each time such device or account is 
     accessed.
       (e) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to encourage Department personnel to use personal 
     technology devices for official business; or
       (2) to authorize cyber protection support for senior 
     Department personnel using personal devices, networks, and 
     personal accounts in an official capacity.
       (f) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees regarding the 
     provision of cyber protection support pursuant to subsection 
     (b), which shall include--
       (1) a description of the methodology used to make the 
     determination under subsection (a)(1); and
       (2) guidance for the use of cyber protection support and 
     tracking of support requests for personnel receiving cyber 
     protection support pursuant to subsection (b).

                TITLE LXIV--ORGANIZATION AND OPERATIONS

     SEC. 6401. PERSONAL SERVICES CONTRACTORS.

       (a) Exigent Circumstances and Crisis Response.--To assist 
     the Department in addressing and responding to exigent 
     circumstances and urgent crises abroad, the Department is 
     authorized to employ, domestically and abroad, a limited 
     number of personal services contractors in order to meet 
     exigent needs, subject to the requirements of this section.
       (b) Authority.--The authority to employ personal services 
     contractors is in addition to any existing authorities to 
     enter into personal services contracts and authority provided 
     in the Afghanistan Supplemental Appropriations Act, 2022 
     (division C of Public Law 117-43).
       (c) Employing and Allocation of Personnel.--To meet the 
     needs described in subsection (a) and subject to the 
     requirements in subsection (d), the Department may--
       (1) enter into contracts to employ a total of up to 100 
     personal services contractors at any given time for each of 
     fiscal years 2024, 2025, and 2026; and
       (2) allocate up to 20 personal services contractors to a 
     given bureau, without regard to the sources of funding such 
     office relies on to compensate individuals.
       (d) Limitation.--Employment authorized by this section 
     shall not exceed two calendar years.
       (e) Notification and Reporting to Congress.--
       (1) Notification.--Not later than 15 days after the use of 
     authority under this section, the Secretary shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of the number 
     of personal services contractors being employed, the expected 
     length of employment, the relevant bureau, the purpose for 
     using personal services contractors, and the justification, 
     including the exigent circumstances requiring such use.
       (2) Annual reporting.--Not later than 60 days after the end 
     of each fiscal year, the Department shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report 
     describing the number of personal services contractors 
     employed pursuant to this section for the prior fiscal year, 
     the length of employment, the relevant bureau by which they 
     were employed pursuant to this section, the purpose for using 
     personal services contractors, disaggregated demographic data 
     of such contractors, and the justification for the 
     employment, including the exigent circumstances.

     SEC. 6402. HARD-TO-FILL POSTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the number of hard-to-fill vacancies at United States 
     diplomatic missions is far too high, particularly in Sub-
     Saharan Africa;
       (2) these vacancies--
       (A) adversely impact the Department's execution of regional 
     strategies;
       (B) hinder the ability of the United States to effectively 
     compete with strategic competitors, such as the People's 
     Republic of China and the Russian Federation; and
       (C) present a clear national security risk to the United 
     States; and
       (3) if the Department is unable to incentivize officers to 
     accept hard-to-fill positions, the Department should consider 
     directed assignments, particularly for posts in Africa, and 
     other means to more effectively advance the national 
     interests of the United States.
       (b) Report on Development of Incentives for Hard-to-fill 
     Posts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees on efforts to 
     develop new incentives for hard-to-fill positions at United 
     States diplomatic missions. The report shall include a 
     description of the incentives developed to date and proposals 
     to try to more effectively fill hard-to-fill posts.
       (c) Study on Feasibility of Allowing Non-Consular Foreign 
     Service Officers Given Directed Consular Posts to Volunteer 
     for Hard-to-fill Posts in Understaffed Regions.--
       (1) Study.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall conduct a 
     study on--
       (i) the number of Foreign Service positions vacant for six 
     months or longer at overseas posts, including for consular, 
     political, and economic positions, over the last five years, 
     broken down by region, and a comparison of the proportion of 
     vacancies between regions; and
       (ii) the feasibility of allowing first-tour Foreign Service 
     generalists in non-Consular cones, directed for a consular 
     tour, to volunteer for reassignment at hard-to-fill posts in 
     understaffed regions.
       (B) Matters to be considered.--The study conducted under 
     subparagraph (A) shall consider whether allowing first-tour 
     Foreign Service generalists to volunteer as described in such 
     subparagraph would address current vacancies and what impact 
     the new mechanism would have on consular operations.
       (2) Report.--Not later than 60 days after completing the 
     study required under paragraph (1), the Secretary shall 
     submit to the appropriate congressional committees a report 
     containing the findings of the study.

     SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.

       (a) Report With Recommendations and Management Structure.--
     Not later than 270 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report with any recommendations 
     for the long-term structure and management of the Office of 
     Civil Rights (OCR), including--
       (1) an assessment of the strengths and weaknesses of OCR's 
     investigative processes and procedures;
       (2) any changes made within OCR to its investigative 
     processes to improve the integrity and thoroughness of its 
     investigations; and
       (3) any recommendations to improve the management 
     structure, investigative process, and oversight of the 
     Office.

     SEC. 6404. CRISIS RESPONSE OPERATIONS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall institute the 
     following changes and ensure that the following elements have 
     been integrated into the ongoing crisis response management 
     and response by the Crisis Management and Strategy Office:
       (1) The Department's crisis response planning and 
     operations shall conduct, maintain, and update on a regular 
     basis contingency plans for posts and regions experiencing or 
     vulnerable to conflict or emergency conditions, including 
     armed conflict, national disasters, significant political or 
     military upheaval, and emergency evacuations.
       (2) The Department's crisis response efforts shall be led 
     by an individual with significant experience responding to 
     prior crises, who shall be so designated by the Secretary.
       (3) The Department's crisis response efforts shall provide 
     at least quarterly updates to the Secretary and other 
     relevant senior officials, including a plan and schedule to 
     develop contingency planning for identified posts and regions 
     consistent with paragraph (1).
       (4) The decision to develop contingency planning for any 
     particular post or region shall be made independent of any 
     regional bureau.
       (5) The crisis response team shall develop and maintain 
     best practices for evacuations, closures, and emergency 
     conditions.
       (b) Update.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     the next five years, the Secretary shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives an update 
     outlining the steps taken to implement this section, along 
     with any other recommendations to improve the Department's 
     crisis management and response operations.
       (2) Contents.--Each update submitted pursuant to paragraph 
     (1) should include--
       (A) a list of the posts whose contingency plans, including 
     any noncombatant evacuation contingencies, has been reviewed 
     and updated as appropriate during the preceding 180 days; and
       (B) an assessment of the Secretary's confidence that each 
     post--
       (i) has continuously reached out to United States persons 
     in country to maintain and update contact information for as 
     many such persons as practicable; and
       (ii) is prepared to communicate with such persons in an 
     emergency or crisis situation.
       (3) Form.--Each update submitted pursuant to paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States must increase its diplomatic activity 
     and presence in the Pacific, particularly among Pacific 
     Island nations; and

[[Page S2556]]

       (2) the Special Envoy to the Pacific Islands Forum--
       (A) should advance the United States partnership with 
     Pacific Island Forum nations and with the organization itself 
     on key issues of importance to the Pacific region; and
       (B) should coordinate policies across the Pacific region 
     with like-minded democracies.
       (b) Appointment of Special Envoy to the Pacific Islands 
     Forum.--Section 1 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2651a), as amended by section 6304, is 
     further amended by adding at the end the following new 
     subsection:
       ``(o) Special Envoy to the Pacific Islands Forum.--
       ``(1) Appointment.--The President shall appoint, by and 
     with the advice and consent of the Senate, a qualified 
     individual to serve as Special Envoy to the Pacific Islands 
     Forum (referred to in this section as the `Special Envoy').
       ``(2) Considerations.--
       ``(A) Selection.--The Special Envoy shall be--
       ``(i) a United States Ambassador to a country that is a 
     member of the Pacific Islands Forum; or
       ``(ii) a qualified individual who is not described in 
     clause (i).
       ``(B) Limitations.--If the President appoints an Ambassador 
     to a country that is a member of the Pacific Islands Forum to 
     serve concurrently as the Special Envoy to the Pacific 
     Islands Forum, such Ambassador--
       ``(i) may not begin service as the Special Envoy until he 
     or she has been confirmed by the Senate for an ambassadorship 
     to a country that is a member of the Pacific Islands Forum; 
     and
       ``(ii) shall not receive additional compensation for his or 
     her service as Special Envoy.
       ``(3) Duties.--The Special Envoy shall--
       ``(A) represent the United States in its role as dialogue 
     partner to the Pacific Islands Forum; and
       ``(B) carry out such other duties as the President or the 
     Secretary of State may prescribe.''.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that describes how 
     the Department will increase its ability to recruit and 
     retain highly-qualified ambassadors, special envoys, and 
     other senior personnel in posts in Pacific island countries 
     as the Department expands its diplomatic footprint throughout 
     the region.

     SEC. 6406. SPECIAL ENVOY FOR BELARUS.

       (a) Special Envoy.--The President shall appoint a Special 
     Envoy for Belarus within the Department (referred to in this 
     section as the ``Special Envoy''). The Special Envoy should 
     be a person of recognized distinction in the field of 
     European security, geopolitics, democracy and human rights, 
     and may be a career Foreign Service officer.
       (b) Central Objective.--The central objective of the 
     Special Envoy is to coordinate and promote efforts--
       (1) to improve respect for the fundamental human rights of 
     the people of Belarus;
       (2) to sustain focus on the national security implications 
     of Belarus's political and military alignment for the United 
     States; and
       (3) to respond to the political, economic, and security 
     impacts of events in Belarus upon neighboring countries and 
     the wider region.
       (c) Duties and Responsibilities.--The Special Envoy shall--
       (1) engage in discussions with Belarusian officials 
     regarding human rights, political, economic and security 
     issues in Belarus;
       (2) support international efforts to promote human rights 
     and political freedoms in Belarus, including coordination and 
     dialogue between the United States and the United Nations, 
     the Organization for Security and Cooperation in Europe, the 
     European Union, Belarus, and the other countries in Eastern 
     Europe;
       (3) consult with nongovernmental organizations that have 
     attempted to address human rights and political and economic 
     instability in Belarus;
       (4) make recommendations regarding the funding of 
     activities promoting human rights, democracy, the rule of 
     law, and the development of a market economy in Belarus;
       (5) review strategies for improving protection of human 
     rights in Belarus, including technical training and exchange 
     programs;
       (6) develop an action plan for holding to account the 
     perpetrators of the human rights violations documented in the 
     United Nations High Commissioner for Human Rights report on 
     the situation of human rights in Belarus in the run-up to the 
     2020 presidential election and its aftermath (Human Rights 
     Council Resolution 49/36);
       (7) engage with member countries of the North Atlantic 
     Treaty Organization, the Organization for Security and 
     Cooperation in Europe and the European Union with respect to 
     the implications of Belarus's political and security 
     alignment for transatlantic security; and
       (8) work within the Department and among partnering 
     countries to sustain focus on the political situation in 
     Belarus.
       (d) Role.--The position of Special Envoy--
       (1) shall be a full-time position;
       (2) may not be combined with any other position within the 
     Department;
       (3) shall only exist as long as United States diplomatic 
     operations in Belarus at United States Embassy Minsk have 
     been suspended; and
       (4) shall oversee the operations and personnel of the 
     Belarus Affairs Unit.
       (e) Report on Activities.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter for the following 5 years, the Secretary, in 
     consultation with the Special Envoy, shall submit a report to 
     the appropriate congressional committees that describes the 
     activities undertaken pursuant to subsection (c) during the 
     reporting period.
       (f) Sunset.--The position of Special Envoy for Belarus 
     Affairs and the authorities provided by this section shall 
     terminate 5 years after the date of the enactment of this 
     Act.

     SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT 
                   POSITIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report on current special 
     appointment positions at United States diplomatic missions 
     that do not exercise significant authority, and all positions 
     under schedule B or schedule C of subpart C of part 213 of 
     title 5, Code of Federal Regulations, at United States 
     diplomatic missions. The report shall include the title and 
     responsibilities of each position, the expected duration of 
     the position, the name of the individual currently appointed 
     to the position, and the hiring authority utilized to fill 
     the position.

                     TITLE LXV--ECONOMIC DIPLOMACY

     SEC. 6501. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.

       (a) In General.--Chapter 5 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 506. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.

       ``(a) Defined Term.--In this section, the term `United 
     States person' means--
       ``(1) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       ``(2) 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.
       ``(b) In General.--The Secretary is authorized to direct 
     the officers performing economic functions of the Foreign 
     Service as appropriate to carry out the full spectrum of 
     economic statecraft and commercial diplomacy work that 
     advances United States foreign policy priorities in the host 
     country or domestic posting to which they are assigned, 
     including--
       ``(1) to negotiate economic and other related agreements 
     with foreign governments and international organizations;
       ``(2) to inform the Department, and when appropriate, the 
     Washington, D.C., headquarters offices of Federal agencies, 
     with respect to the positions of foreign governments and 
     international organizations in negotiations on such matters 
     as economic, energy, environment, science and health;
       ``(3) to advance--
       ``(A) the routine implementation and maintenance of 
     economic, environment, science, and health agreements; and
       ``(B) other initiatives in the countries to which such 
     officers are assigned related to improving economic or 
     commercial relations for the benefit of United States 
     persons, including businesses;
       ``(4) to identify, help design and execute, and advance, in 
     consultation with other Federal agencies, United States 
     policies, programs, and initiatives, including capacity-
     building efforts, to advance policies of foreign governments 
     that improve local economic governance, market-based business 
     environments, and market access, increase trade and 
     investment opportunities, or provide a more level playing 
     field for United States persons, including with respect to--
       ``(A) improving revenue collection;
       ``(B) streamlining customs processes and improving customs 
     transparency and efficiency;
       ``(C) improving regulatory management;
       ``(D) improving procurement processes, including 
     facilitating transparency in tendering, bidding, and contact 
     negotiation;
       ``(E) advancing intellectual property protections;
       ``(F) eliminating anticompetitive subsidies and improving 
     the transparency of remaining subsidies;
       ``(G) improving budget management and oversight; and
       ``(H) strengthening management of important economic 
     sectors;
       ``(5) to prioritize active support of economic and 
     commercial goals of the United States, and as appropriate, 
     United States persons abroad, in conjunction with the United 
     States and Foreign Commercial Service established by section 
     2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721);
       ``(6) to provide United States persons with information on 
     all United States Government support with respect to 
     international economic matters;
       ``(7) to receive feedback from United States persons with 
     respect to support described in paragraphs (5) and (6), and 
     report that feedback to the chief of mission and to the 
     headquarters of the Department;
       ``(8) to consult closely and regularly with the private 
     sector in accordance with section 709 of the Championing 
     American Business through Diplomacy Act of 2019 (22 U.S.C. 
     9905);

[[Page S2557]]

       ``(9) to identify and execute opportunities for the United 
     States to counter policies, initiatives, or activities by 
     authoritarian governments or enterprises affiliated with such 
     governments that are anticompetitive or undermine the 
     sovereignty or prosperity of the United States or a partner 
     country;
       ``(10) to identify and execute opportunities for the United 
     States in new and emerging areas of trade and investment, 
     such as digital trade, critical minerals extraction, 
     refining, and processing, energy, and innovation;
       ``(11) to monitor the development and implementation of 
     bilateral and multilateral economic and other related 
     agreements and provide recommendations to the Secretary and 
     the heads of other relevant Federal agencies with respect to 
     United States actions and initiatives relating to those 
     agreements;
       ``(12) to maintain complete and accurate records of the 
     performance measurements of the Department for economic and 
     commercial diplomacy activities, as directed by the chief of 
     mission and other senior officials of the Department;
       ``(13) to report on issues and developments related to 
     economic, commercial, trade, investment, energy, environment, 
     science, and health matters with direct relevance to United 
     States economic and national security interests, especially 
     when accurate, reliable, timely, and cost-effective 
     information is unavailable from non-United States Government 
     sources; and
       ``(14) to coordinate all activities, as necessary and 
     appropriate, with counterparts in other agencies.
       ``(c) Regulatory Updates.--The Secretary shall update 
     guidance in the Foreign Affairs Manual and other regulations 
     and guidance as necessary to implement this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Foreign Service Act of 1980 is amended by inserting after the 
     item relating to section 505 the following:

``Sec. 506. Duties of economic officers.''.

     SEC. 6502. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF 
                   FOREIGN SERVICE ECONOMIC OFFICERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to the appropriate congressional committees regarding 
     the recruitment, retention, and promotion of economic 
     officers in the Foreign Service.
       (b) Elements.--The report required under subsection (b) 
     shall include--
       (1) an overview of the key challenges the Department faces 
     in--
       (A) recruiting individuals to serve as economic officers in 
     the Foreign Service; and
       (B) retaining individuals serving as economic officers in 
     the Foreign Service, particularly at the level of GS-14 of 
     the General Schedule and higher;
       (2) an overview of the key challenges in recruiting and 
     retaining qualified individuals to serve in economic 
     positions in the Civil Service;
       (3) a comparison of promotion rates for economic officers 
     in the Foreign Service relative to other officers in the 
     Foreign Service;
       (4) a summary of the educational history and training of 
     current economic officers in the Foreign Service and Civil 
     Service officers serving in economic positions;
       (5) the identification, disaggregated by region, of hard-
     to-fill posts and proposed incentives to improve staffing of 
     economic officers in the Foreign Service at such posts;
       (6) a summary and analysis of the factors that lead to the 
     promotion of--
       (A) economic officers in the Foreign Service; and
       (B) individuals serving in economic positions in the Civil 
     Service; and
       (7) a summary and analysis of current Department-funded or 
     run training opportunities and externally-funded programs, 
     including the Secretary's Leadership Seminar at Harvard 
     Business School, for--
       (A) economic officers in the Foreign Service; and
       (B) individuals serving in economic positions in the Civil 
     Service.

     SEC. 6503. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR 
                   SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLOMACY.

       (a) Mandate to Revise Department of State Performance 
     Measures for Economic and Commercial Diplomacy.--The 
     Secretary shall, as part of the Department's next regularly 
     scheduled review on metrics and performance measures, include 
     revisions of Department performance measures for economic and 
     commercial diplomacy, by identifying outcome-oriented, and 
     not process-oriented, performance metrics, including metrics 
     that--
       (1) measure how Department efforts advanced specific 
     economic and commercial objectives and led to successes for 
     the United States or other private sector actors overseas; 
     and
       (2) focus on customer satisfaction with Department services 
     and assistance.
       (b) Plan for Ensuring Complete Data for Performance 
     Measures.--As part of the review required under subsection 
     (a), the Secretary shall include a plan for ensuring that--
       (1) the Department, both at its main headquarters and at 
     domestic and overseas posts, maintains and fully updates data 
     on performance measures; and
       (2) Department leadership and the appropriate congressional 
     committees can evaluate the extent to which the Department is 
     advancing United States economic and commercial interests 
     abroad through meeting performance targets.
       (c) Report on Private Sector Surveys.--The Secretary shall 
     prepare a report that lists and describes all the methods 
     through which the Department conducts surveys of the private 
     sector to measure private sector satisfaction with assistance 
     and services provided by the Department to advance private 
     sector economic and commercial goals in foreign markets.
       (d) Report.--Not later than 90 days after conducting the 
     review pursuant to subsection (a), the Secretary shall submit 
     to the appropriate congressional committees--
       (1) the revised performance metrics required under 
     subsection (a); and
       (2) the report required under subsection (c).

     SEC. 6504. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.

       Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
     3927) is amended by adding at the end the following:
       ``(e) Embassy Economic Team.--
       ``(1) Coordination and supervision.--Each chief of mission 
     shall coordinate and supervise the implementation of all 
     United States economic policy interests within the host 
     country in which the diplomatic mission is located, among all 
     United States Government departments and agencies present in 
     such country.
       ``(2) Accountability.--The chief of mission is responsible 
     for the performance of the diplomatic mission in advancing 
     United States economic policy interests within the host 
     country.
       ``(3) Mission economic team.--The chief of mission shall 
     designate appropriate embassy staff to form a mission 
     economic team that--
       ``(A) monitors notable economic, commercial, and 
     investment-related developments in the host country; and
       ``(B) develops plans and strategies for advancing United 
     States economic and commercial interests in the host country, 
     including--
       ``(i) tracking legislative, regulatory, judicial, and 
     policy developments that could affect United States economic, 
     commercial, and investment interests;
       ``(ii) advocating for best practices with respect to policy 
     and regulatory developments;
       ``(iii) conducting regular analyses of market systems, 
     trends, prospects, and opportunities for value-addition, 
     including risk assessments and constraints analyses of key 
     sectors and of United States strategic competitiveness, and 
     other reporting on commercial opportunities and investment 
     climate; and
       ``(iv) providing recommendations for responding to 
     developments that may adversely affect United States economic 
     and commercial interests.''.

     SEC. 6505. DIRECTION TO EMBASSY DEAL TEAMS.

       (a) Purposes.--The purposes of deal teams at United States 
     embassies and consulates are--
       (1) to promote a private sector-led approach--
       (A) to advance economic growth and job creation that is 
     tailored, as appropriate, to specific economic sectors; and
       (B) to advance strategic partnerships;
       (2) to prioritize efforts--
       (A) to identify commercial and investment opportunities;
       (B) to advocate for improvements in the business and 
     investment climate;
       (C) to engage and consult with private sector partners; and
       (D) to report on the activities described in subparagraphs 
     (A) through (C), in accordance with the applicable 
     requirements under sections 706 and 707 of the Championing 
     American Business Through Diplomacy Act of 2019 (22 U.S.C. 
     9902 and 9903);
       (3)(A)(i) to identify trade and investment opportunities 
     for United States companies in foreign markets; or
       (ii) to assist with existing trade and investment 
     opportunities already identified by United States companies; 
     and
       (B) to deploy United States Government economic and other 
     tools to help such United States companies to secure their 
     objectives;
       (4) to identify and facilitate opportunities for entities 
     in a host country to increase exports to, or investment in, 
     the United States in order to grow two-way trade and 
     investment;
       (5) to modernize, streamline, and improve access to 
     resources and services designed to promote increased trade 
     and investment opportunities;
       (6) to identify and secure United States or allied 
     government support of strategic projects, such as ports, 
     railways, energy production and distribution, critical 
     minerals development, telecommunications networks, and other 
     critical infrastructure projects vulnerable to predatory 
     investment by an authoritarian country or entity in such 
     country where support or investment serves an important 
     United States interest;
       (7) to coordinate across the Unites States Government to 
     ensure the appropriate and most effective use of United 
     States Government tools to support United States economic, 
     commercial, and investment objectives; and
       (8) to coordinate with the multi-agency DC Central Deal 
     Team, established in February 2020, on the matters described 
     in paragraphs (1) through (7) and other relevant matters.
       (b) Clarification.--A deal team may be composed of the 
     personnel comprising the mission economic team formed 
     pursuant to section 207(e)(3) of the Foreign Service Act of 
     1980, as added by section 6504.

[[Page S2558]]

       (c) Restrictions.--A deal team may not provide support for, 
     or assist a United States person with a transaction 
     involving, a government, or an entity owned or controlled by 
     a government, if the Secretary determines that such 
     government--
       (1) has repeatedly provided support for acts of 
     international terrorism, as described in--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (subtitle B of title XVII of Public Law 115-232);
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other relevant provision of law; or
       (2) has engaged in an activity that would trigger a 
     restriction under section 116(a) or 502B(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or 
     any other relevant provision of law.
       (d) Further Restrictions.--
       (1) Prohibition on support of sanctioned persons.--Deal 
     teams may not carry out activities prohibited under United 
     States sanctions laws or regulations, including dealings with 
     persons on the list of specially designated persons and 
     blocked persons maintained by the Office of Foreign Assets 
     Control of the Department of the Treasury, except to the 
     extent otherwise authorized by the Secretary of the Treasury 
     or the Secretary.
       (2) Prohibition on support of activities subject to 
     sanctions.--Any person receiving support from a deal team 
     must be in compliance with all United States sanctions laws 
     and regulations as a condition for receiving such assistance.
       (e) Chief of Mission Authority and Accountability.--The 
     chief of mission to a foreign country--
       (1) is the designated leader of a deal team in such 
     country; and
       (2) shall be held accountable for the performance and 
     effectiveness of United States deal teams in such country.
       (f) Guidance Cable.--The Department shall send out regular 
     guidance on Deal Team efforts by an All Diplomatic and 
     Consular Posts (referred to in this section as ``ALDAC'') 
     that--
       (1) describes the role of deal teams; and
       (2) includes relevant and up-to-date information to enhance 
     the effectiveness of deal teams in a country.
       (g) Confidentiality of Information.--
       (1) In general.--In preparing the cable required under 
     subsection (f), the Secretary shall protect from disclosure 
     any proprietary information of a United States person marked 
     as business confidential information unless the person 
     submitting such information--
       (A) had notice, at the time of submission, that such 
     information would be released by; or
       (B) subsequently consents to the release of such 
     information.
       (2) Treatment as trade secrets.--Proprietary information 
     obtained by the United States Government from a United States 
     person pursuant to the activities of deal teams shall be--
       (A) considered to be trade secrets and commercial or 
     financial information (as such terms are used under section 
     552b(c)(4) of title 5, United States Code); and
       (B) exempt from disclosure without the express approval of 
     the person.
       (h) Sunset.--The requirements under subsections (f) through 
     (h) shall terminate on the date that is 5 years after the 
     date of the enactment of this Act.

     SEC. 6506. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' 
                   AWARD.

       (a) Establishment.--The Secretary shall establish a new 
     award, to be known as the ``Deal Team of the Year Award'', 
     and annually present the award to a deal team at one United 
     States mission in each region to recognize outstanding 
     achievements in supporting a United States company or 
     companies pursuing commercial deals abroad or in identifying 
     new deal prospects for United States companies.
       (b) Award Content.--
       (1) Department of state.--Each member of a deal team 
     receiving an award pursuant to subsection (a) shall receive a 
     certificate that is signed by the Secretary and--
       (A) in the case of a member of the Foreign Service, is 
     included in the next employee evaluation report; or
       (B) in the case of a Civil Service employee, is included in 
     the next annual performance review.
       (2) Other federal agencies.--If an award is presented 
     pursuant to subsection (a) to a Federal Government employee 
     who is not employed by the Department, the employing agency 
     may determine whether to provide such employee any 
     recognition or benefits in addition to the recognition or 
     benefits provided by the Department.
       (c) Eligibility.--Any interagency economics team at a 
     United States overseas mission under chief of mission 
     authority that assists United States companies with 
     identifying, navigating, and securing trade and investment 
     opportunities in a foreign country or that facilitates 
     beneficial foreign investment into the United States is 
     eligible for an award under this section.
       (d) Report.--Not later than the last day of the fiscal year 
     in which awards are presented pursuant to subsection (a), the 
     Secretary shall submit a report to the appropriate 
     congressional committees that includes--
       (1) each mission receiving a Deal Team of the Year Award.
       (2) the names and agencies of each awardee within the 
     recipient deal teams; and
       (3) a detailed description of the reason such deal teams 
     received such award.

                      TITLE LXVI--PUBLIC DIPLOMACY

     SEC. 6601. PUBLIC DIPLOMACY OUTREACH.

       (a) Coordination of Resources.--The Administrator of the 
     United States Agency for International Development and the 
     Secretary shall direct public affairs sections at United 
     States embassies and USAID Mission Program Officers at USAID 
     missions to coordinate, enhance and prioritize resources for 
     public diplomacy and awareness campaigns around United States 
     diplomatic and development efforts, including through--
       (1) the utilization of new media technology for maximum 
     public engagement; and
       (2) enact coordinated comprehensive community outreach to 
     increase public awareness and understanding and appreciation 
     of United States diplomatic and development efforts.
       (b) Development Outreach and Coordination Officers.--USAID 
     should prioritize hiring of additional Development Outreach 
     and Coordination officers in USAID missions to support the 
     purposes of subsection (a).
       (c) Best Practices.--The Secretary and the Administrator of 
     USAID shall identify 10 countries in which Embassies and 
     USAID missions have successfully executed efforts, including 
     monitoring and evaluation of such efforts, described in (a) 
     and develop best practices to be turned into Department and 
     USAID guidance.

     SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE 
                   EUROPE/RADIO LIBERTY.

       In section 308(h) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6207(h)) is amended--
       (1) by striking subparagraphs (1), (3), and (5); and
       (2) by redesignating paragraphs (2) and (4) as paragraphs 
     (1) and (2), respectively.

     SEC. 6603. INTERNATIONAL BROADCASTING.

       (a) Voice of America.--Section 303 of the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6202) is 
     amended by adding at the end the following:
       ``(d) Voice of America Operations and Structure.--
       ``(1) Operations.--The Director of the Voice of America 
     (VOA)--
       ``(A) shall direct and supervise the operations of VOA, 
     including making all major decisions relating its staffing; 
     and
       ``(B) may utilize any authorities made available to the 
     United States Agency for Global Media or to its Chief 
     Executive Officer under this Act or under any other Act to 
     carry out its operations in an effective manner.
       ``(2) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of VOA shall submit a 
     plan to the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives to ensure that the personnel structure of VOA 
     is sufficient to effectively carry out the principles 
     described in subsection (c).''.
       (b) Appointment of Chief Executive Officer.--Section 304 of 
     such Act (22 U.S.C. 6203) is amended--
       (1) in subsection (a), by striking ``as an entity described 
     in section 104 of title 5, United States Code'' and inserting 
     ``under the direction of the International Broadcasting 
     Advisory Board''; and
       (2) in subsection (b)(1), by striking the second sentence 
     and inserting the following: ``Notwithstanding any other 
     provision of law, when a vacancy arises, until such time as a 
     Chief Executive Officer, to whom sections 3345 through 3349b 
     of title 5, United States Code, shall not apply, is appointed 
     and confirmed by the Senate, an acting Chief Executive 
     Officer shall be appointed by the International Broadcasting 
     Advisory Board and shall continue to serve and exercise the 
     authorities and powers under this title as the sole means of 
     filling such vacancy, for the duration of the vacancy. In the 
     absence of a quorum on the International Broadcasting 
     Advisory Board, the first principal deputy of the United 
     States Agency for Global Media shall serve as acting Chief 
     Executive Officer.''.
       (c) Chief Executive Officer Authorities.--Section 305(a)(1) 
     of such Act (22 U.S.C. 6204(a)(1)) is amended by striking 
     ``To supervise all'' and inserting ``To oversee, coordinate, 
     and provide strategic direction for''.
       (d) International Broadcasting Advisory Board.--Section 
     306(a) of such Act (22 U.S.C. 6205(a)) is amended by striking 
     ``advise the Chief Executive Officer of'' and inserting 
     ``oversee and advise the Chief Executive Officer and''.
       (e) Radio Free Africa; Radio Free Americas.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Chief Executive Officer of the United States Agency for 
     Global Media shall submit a report to the Committee on 
     Foreign Relations of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives that details 
     the financial and other resources that would be required to 
     establish and operate 2 nonprofit organizations, modeled 
     after Radio Free Europe/Radio Liberty and Radio Free Asia, 
     for the purposes of providing accurate, uncensored, and 
     reliable news and information to--
       (1) the region of Africa, with respect to Radio Free 
     Africa; and
       (2) the region of Latin America and the Caribbean, with 
     respect to Radio Free Americas.

[[Page S2559]]

  


     SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       (a) In General.--The Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       ``(a) Establishment.--There is established the John Lewis 
     Civil Rights Fellowship Program (referred to in this section 
     as the `Fellowship Program') within the J. William Fulbright 
     Educational Exchange Program.
       ``(b) Purposes.--The purposes of the Fellowship Program 
     are--
       ``(1) to honor the legacy of Representative John Lewis by 
     promoting a greater understanding of the history and tenets 
     of nonviolent civil rights movements; and
       ``(2) to advance foreign policy priorities of the United 
     States by promoting studies, research, and international 
     exchange in the subject of nonviolent movements that 
     established and protected civil rights around the world.
       ``(c) Administration.--The Bureau of Educational and 
     Cultural Affairs (referred to in this section as the 
     `Bureau') shall administer the Fellowship Program in 
     accordance with policy guidelines established by the Board, 
     in consultation with the binational Fulbright Commissions and 
     United States Embassies.
       ``(d) Selection of Fellows.--
       ``(1) In general.--The Board shall annually select 
     qualified individuals to participate in the Fellowship 
     Program. The Bureau may determine the number of fellows 
     selected each year, which, whenever feasible, shall be not 
     fewer than 25.
       ``(2) Outreach.--
       ``(A) In general.--To the extent practicable, the Bureau 
     shall conduct outreach at institutions, including--
       ``(i) minority serving institutions, including historically 
     Black colleges and universities; and
       ``(ii) other appropriate institutions, as determined by the 
     Bureau.
       ``(B) Definitions.--In this paragraph:
       ``(i) Historically black college and university.--The term 
     `historically Black college and university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(ii) Minority serving institution.--The term `minority-
     serving institution' means an eligible institution under 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(e) Fellowship Orientation.--Annually, the Bureau shall 
     organize and administer a fellowship orientation, which 
     shall--
       ``(1) be held in Washington, D.C., or at another location 
     selected by the Bureau; and
       ``(2) include programming to honor the legacy of 
     Representative John Lewis.
       ``(f) Structure.--
       ``(1) Work plan.--To carry out the purposes described in 
     subsection (b)--
       ``(A) each fellow selected pursuant to subsection (d) shall 
     arrange an internship or research placement--
       ``(i) with a nongovernmental organization, academic 
     institution, or other organization approved by the Bureau; 
     and
       ``(ii) in a country with an operational Fulbright U.S. 
     Student Program; and
       ``(B) the Bureau shall, for each fellow, approve a work 
     plan that identifies the target objectives for the fellow, 
     including specific duties and responsibilities relating to 
     those objectives.
       ``(2) Conferences; presentations.--Each fellow shall--
       ``(A) attend a fellowship orientation organized and 
     administered by the Bureau under subsection (e);
       ``(B) not later than the date that is 1 year after the end 
     of the fellowship period, attend a fellowship summit 
     organized and administered by the Bureau, which--
       ``(i) whenever feasible, shall be held in Atlanta, Georgia, 
     or another location of importance to the civil rights 
     movement in the United States; and
       ``(ii) may coincide with other events facilitated by the 
     Bureau; and
       ``(C) at such summit, give a presentation on lessons 
     learned during the period of fellowship.
       ``(3) Fellowship period.--Each fellowship under this 
     section shall continue for a period determined by the Bureau, 
     which, whenever feasible, shall be not fewer than 10 months.
       ``(g) Fellowship Award.--The Bureau shall provide each 
     fellow under this section with an allowance that is equal to 
     the amount needed for--
       ``(1) the reasonable costs of the fellow during the 
     fellowship period; and
       ``(2) travel and lodging expenses related to attending the 
     orientation and summit required under subsection (e)(2).
       ``(h) Annual Report.--Not later than 1 year after the date 
     of the completion of the Fellowship Program by the initial 
     cohort of fellows selected under subsection (d), and annually 
     thereafter, 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 the implementation of the Fellowship Program, 
     including--
       ``(1) a description of the demographics of the cohort of 
     fellows who completed a fellowship during the preceding 1-
     year period;
       ``(2) a description of internship and research placements, 
     and research projects selected by such cohort, under the 
     Fellowship Program, including feedback from--
       ``(A) such cohort on implementation of the Fellowship 
     Program; and
       ``(B) the Secretary on lessons learned; and
       ``(3) an analysis of trends relating to the diversity of 
     each cohort of fellows and the topics of projects completed 
     since the establishment of the Fellowship Program.''.
       (b) Technical and Conforming Amendments to the Mutual 
     Educational and Cultural Exchange Act of 1961.--Section 
     112(a) of the Mutual Educational and Cultural Exchange Act of 
     1961 ( 22 U.S.C. 2460(a)) is amended--
       (1) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(10) the John Lewis Civil Rights Fellowship Program 
     established under section 115, which provides funding for 
     international internships and research placements for early- 
     to mid-career individuals from the United States to study 
     nonviolent civil rights movements in self-arranged placements 
     with universities or nongovernmental organizations in foreign 
     countries.''.

     SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.

       (a) Strategy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     develop a strategy to explain to the American people the 
     value of the work of the Department and United States foreign 
     policy to advancing the national security of the United 
     States. The strategy shall include--
       (1) tools to inform the American people about the non-
     partisan importance of United States diplomacy and foreign 
     relations and to utilize public diplomacy to meet the United 
     States' national security priorities;
       (2) efforts to reach the widest possible audience of 
     Americans, including those who historically have not had 
     exposure to United States foreign policy efforts and 
     priorities;
       (3) additional staffing and resource needs including--
       (A) domestic positions within the Bureau of Global Public 
     Affairs to focus on engagement with the American people as 
     outlined in paragraph (1);
       (B) positions within the Bureau of Educational and Cultural 
     Affairs to enhance program and reach the widest possible 
     audience;
       (C) increasing the number of fellowship and detail programs 
     that place Foreign Service and civil service employees 
     outside the Department for a limited time, including Pearson 
     Fellows, Reta Joe Lewis Local Diplomats, Brookings Fellows, 
     and Georgetown Fellows; and
       (D) recommendations for increasing participation in the 
     Hometown Diplomats program and evaluating this program as 
     well as other opportunities for Department officers to engage 
     with American audiences while traveling within the United 
     States.

     SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER.

       Section 1287(j) of the National Defense Authorization Act 
     for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by 
     striking ``on the date that is 8 years after the date of the 
     enactment of this Act'' and inserting ``on September 30, 
     2033''.

     SEC. 6607. PAPERWORK REDUCTION ACT.

       Section 5603(d) of the National Defense Authorization Act 
     for Fiscal Year 2022 (Public Law 117-81) is amended by adding 
     at the end the following new paragraph:
       ``(4) United States Information and Educational Exchange 
     Act of 1948 (Public Law 80-402).''.

     SEC. 6608. MODERNIZATION AND ENHANCEMENT STRATEGY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees for--
       (1) modernizing and increasing the operational and 
     programming capacity of American Spaces and American Corners 
     throughout the world, including by leveraging public-private 
     partnerships;
       (2) providing salaries to locally employed staff of 
     American Spaces and American Corners; and
       (3) providing opportunities for United States businesses 
     and nongovernmental organizations to better utilize American 
     Spaces.

                       TITLE LXVII--OTHER MATTERS

     SEC. 6701. EXPANDING THE USE OF DDTC LICENSING FEES.

       Section 45 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2717) is amended--
       (1) by striking ``100 percent of the registration fees 
     collected by the Office of Trade Controls of the Department 
     of State'' and inserting ``100 percent of the defense trade 
     control registration fees collected by the Department of 
     State'';
       (2) by inserting ``management, licensing, compliance, and 
     policy activities in the defense trade controls function, 
     including'' after ``expenses incurred for'';
       (3) in paragraph (1), by striking ``contract personnel to 
     assist in'';
       (4) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (5) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (6) by adding at the end the following new paragraphs:
       ``(4) the facilitation of defense trade policy development 
     and implementation, review of commodity jurisdiction 
     determinations, public outreach to industry and foreign 
     parties, and analysis of scientific and technological

[[Page S2560]]

     developments as they relate to the exercise of defense trade 
     control authorities; and
       ``(5) contract personnel to assist in such activities.''.

     SEC. 6702. PROHIBITION ON ENTRY OF OFFICIALS OF FOREIGN 
                   GOVERNMENTS INVOLVED IN SIGNIFICANT CORRUPTION 
                   OR GROSS VIOLATIONS OF HUMAN RIGHTS.

       (a) Ineligibility.--
       (1) In general.--Officials of foreign governments, and 
     their immediate family members, about whom the Secretary has 
     credible information have been involved, directly or 
     indirectly, in significant corruption, including corruption 
     related to the extraction of natural resources, or a gross 
     violation of human rights, including the wrongful detention 
     of locally employed staff of a United States diplomatic 
     mission or a United States citizen or national, shall be 
     ineligible for entry into the United States.
       (2) Additional sanctions.--Concurrent with the application 
     of paragraph (1), the Secretary shall, as appropriate, refer 
     the matter to the Office of Foreign Assets Control of the 
     Department of the Treasury to determine whether to apply 
     sanctions authorities in accordance with United States law to 
     block the transfer of property and interests in property, and 
     all financial transactions, in the United States involving 
     any person described in such paragraph.
       (3) Designation.--The Secretary shall also publicly or 
     privately designate or identify the officials of foreign 
     governments about whom the Secretary has such credible 
     information, and their immediate family members, without 
     regard to whether the individual has applied for a visa.
       (b) Exceptions.--
       (1) Specific purposes.--Individuals shall not be ineligible 
     for entry into the United States pursuant to subsection (a) 
     if such entry would further important United States law 
     enforcement objectives or is necessary to permit the United 
     States to fulfill its obligations under the United Nations 
     Headquarters Agreement.
       (2) Rule of construction regarding international 
     obligations.--Nothing in subsection (a) shall be construed to 
     derogate from United States obligations under applicable 
     international agreements.
       (c) Waiver.--The Secretary may waive the application of 
     subsection (a) if the Secretary determines that the waiver 
     would serve a compelling national interest or that the 
     circumstances that caused the individual to be ineligible 
     have changed sufficiently.
       (d) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a report, including a classified annex if 
     necessary, that includes--
       (A) a description of information related to corruption or 
     violation of human rights concerning each of the individuals 
     found ineligible in the previous 12 months pursuant to 
     subsection (a)(1) as well as the individuals who the 
     Secretary designated or identified pursuant to subsection 
     (a)(3), or who would be ineligible but for the application of 
     subsection (b); and
       (B) a list of any waivers provided under subsection (c), 
     together with a justification for each waiver.
       (2) Form and publication.--
       (A) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (B) Public availability.--The Secretary shall make 
     available to the public on a publicly accessible internet 
     website of the Department the unclassified portion of each 
     report required under paragraph (1).
       (e) Clarification.--For purposes of subsections (a) and 
     (d), the records of the Department and of diplomatic and 
     consular offices of the United States pertaining to the 
     issuance or refusal of visas or permits to enter the United 
     States shall not be considered confidential.

     SEC. 6703. PROTECTION OF CULTURAL HERITAGE DURING CRISES.

       Notwithstanding the limitations specified in section 304(c) 
     of the Convention on Cultural Property Implementation Act (19 
     U.S.C. 2603(c)) and without regard to whether a country is a 
     State Party to the Convention (as defined in sections 302 of 
     such Act (19 U.S.C. 2601)), the Secretary may exercise the 
     authority under section 304 of such Act (19 U.S.C. 2603) to 
     impose import restrictions set forth in section 307 of such 
     Act (19 U.S.C. 2606) if the Secretary determines that--
       (1) imposition of such restrictions is in the national 
     interest of the United States; and
       (2) an emergency condition (as defined in section 304 of 
     such Act (19 U.S.C. 2603)) applies.

     SEC. 6704. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

       ``(a) Activities.--
       ``(1) Support authorized.--The Secretary of State is 
     authorized to provide, by contract, grant, or otherwise, for 
     the performance of appropriate museum visitor and educational 
     outreach services and related events, including organizing 
     programs and conference activities, creating, designing, and 
     installing exhibits, and conducting museum shop services and 
     food services in the public exhibition and related physical 
     and virtual space utilized by the National Museum of American 
     Diplomacy.
       ``(2) Recovery of costs.--The Secretary of State is 
     authorized to recover any revenues generated under the 
     authority of paragraph (1) for visitor and educational 
     outreach services and related events referred to in such 
     paragraph, including fees for use of facilities at the 
     National Museum for American Diplomacy. Any such revenues may 
     be retained as a recovery of the costs of operating the 
     museum, credited to any Department of State appropriation, 
     and shall remain available until expended.
       ``(b) Disposition of Documents, Artifacts, and Other 
     Articles.--
       ``(1) Property.--All historic documents, artifacts, or 
     other articles permanently acquired by the Department of 
     State and determined by the Secretary of State to be suitable 
     for display by the National Museum of American Diplomacy 
     shall be considered to be the property of the United States 
     Government and shall be subject to disposition solely in 
     accordance with this subsection.
       ``(2) Sale, trade, or transfer.--Whenever the Secretary of 
     State makes a determination described in paragraph (3) with 
     respect to a document, artifact, or other article under 
     paragraph (1), taking into account considerations such as the 
     museum's collections management policy and best professional 
     museum practices, the Secretary may sell at fair market 
     value, trade, or transfer such document, artifact, or other 
     article without regard to the requirements of subtitle I of 
     title 40, United States Code. The proceeds of any such sale 
     may be used solely for the advancement of the mission of the 
     National Museum of American Diplomacy and may not be used for 
     any purpose other than the acquisition and direct care of the 
     collections of the Museum.
       ``(3) Determinations prior to sale, trade, or transfer.--
     The determination described in this paragraph with respect to 
     a document, artifact, or other article under paragraph (1) is 
     a determination that--
       ``(A) the document, artifact, or other article no longer 
     serves to further the purposes of the National Museum of 
     American Diplomacy as set forth in the collections management 
     policy of the Museum;
       ``(B) the sale, trade, or transfer of the document, 
     artifact, or other article would serve to maintain the 
     standards of the collection of the Museum; or
       ``(C) the sale, trade, or transfer of the document, 
     artifact, or other article would be in the best interests of 
     the United States.
       ``(4) Loans.--In addition to the authorization under 
     paragraph (2) relating to the sale, trade, or transfer of 
     documents, artifacts, or other articles under paragraph (1), 
     the Secretary of State may loan the documents, artifacts, or 
     other articles, when not needed for use or display by the 
     National Museum of American Diplomacy, to the Smithsonian 
     Institution or a similar institution for repair, study, or 
     exhibition.''.

     SEC. 6705. EXTRATERRITORIAL OFFENSES COMMITTED BY UNITED 
                   STATES NATIONALS SERVING WITH INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Jurisdiction.--Whoever, while a United States national 
     or lawful permanent resident serving with the United Nations, 
     its specialized agencies, or other international organization 
     the Secretary has designated for purposes of this section and 
     published in the Federal Register, or while accompanying such 
     an individual, engages in conduct, or conspires or attempts 
     to engage in conduct, outside the United States that would 
     constitute an offense punishable by imprisonment for more 
     than one year if the conduct had been engaged in within the 
     special maritime and territorial jurisdiction of the United 
     States, shall be subject to United States jurisdiction in 
     order to be tried for that offense.
       (b) Definitions.--In this section:
       (1) Accompanying such individual.--The term ``accompanying 
     such individual'' means--
       (A) being a dependent, or family member of a United States 
     national or lawful permanent resident serving with the United 
     Nations, its specialized agencies, or other international 
     organization designated under subsection (a);
       (B) residing with such United States national or lawful 
     permanent resident serving with the United Nations, its 
     specialized agencies, or other international organization 
     designated under subsection (a); and
       (C) not being a national of or ordinarily resident in the 
     country where the offense is committed.
       (2) Serving with the united nations, its specialized 
     agencies, or other international organization as the 
     secretary of state may designate.--The term ``serving with 
     the United Nations, its specialized agencies, or other 
     international organization as the Secretary of State may 
     designate'' under subsection (a) means--
       (A) being a United States national or lawful permanent 
     resident employed as an employee, a contractor (including a 
     subcontractor at any tier), an employee of a contractor (or a 
     subcontractor at any tier), an expert on mission, or an 
     unpaid intern or volunteer of the United Nations, including 
     any of its funds, programs or subsidiary bodies, or any of 
     the United Nations specialized agencies, or of any 
     international organization designated under subsection 
     (a)(1); and

[[Page S2561]]

       (B) being present or residing outside the United States in 
     connection with such employment.
       (3) United states national.--The term ``United States 
     national'' has the meaning given the term ``national of the 
     United States'' in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)).
       (c) Rules of Construction.--Nothing in this section shall 
     be construed to limit or affect the application of 
     extraterritorial jurisdiction related to any other Federal 
     law.

     SEC. 6706. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO 
                   THE INTERNATIONAL ENERGY FORUM.

       The International Organizations Immunities Act (22 U.S.C. 
     288 et seq.) is amended by adding at the end the following 
     new section:
       ``Sec. 20.  Under such terms and conditions as the 
     President shall determine, the President is authorized to 
     extend the provisions of this subchapter to the International 
     Energy Forum Secretariat in the same manner, to the same 
     extent, and subject to the same conditions, as they may be 
     extended to a public international organization in which the 
     United States participates pursuant to any treaty or under 
     the authority of any Act of Congress authorizing such 
     participation or making an appropriation for such 
     participation.''.

     SEC. 6707. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO 
                   THE CONSEIL EUROPEEN POUR LA RECHERCHE 
                   NUCLEAIRE (CERN; THE EUROPEAN ORGANIZATION FOR 
                   NUCLEAR RESEARCH).

       The International Organizations Immunities Act (22 U.S.C. 
     288 et seq.), as amended by section 6706, is further amended 
     by adding at the end the following new section:
       ``Sec. 21.  Under such terms and conditions as the 
     President shall determine, the President is authorized to 
     extend the provisions of this title to the European 
     Organization for Nuclear Research (CERN) in the same manner, 
     to the same extent, and subject to the same conditions, as it 
     may be extended to a public international organization in 
     which the United States participates pursuant to any treaty 
     or under the authority of any Act of Congress authorizing 
     such participation or making an appropriation for such 
     participation.''.

     SEC. 6708. INTERNSHIPS OF UNITED STATES NATIONALS AT 
                   INTERNATIONAL ORGANIZATIONS.

       (a) In General.--The Secretary of State is authorized to 
     bolster efforts to increase the number of United States 
     citizens representative of the American people occupying 
     positions in the United Nations system, agencies, and 
     commissions, and in other international organizations, 
     including by awarding grants to educational institutions and 
     students.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     identifies--
       (1) the number of United States citizens who are involved 
     in internship programs at international organizations;
       (2) the distribution of the individuals described in 
     paragraph (1) among various international organizations; and
       (3) grants, programs, and other activities that are being 
     utilized to recruit and fund United States citizens to 
     participate in internship programs at international 
     organizations.
       (c) Eligibility.--An individual referred to in subsection 
     (a) is an individual who--
       (1) is enrolled at or received their degree within two 
     years from--
       (A) an institution of higher education; or
       (B) an institution of higher education based outside the 
     United States, as determined by the Secretary of State; and
       (2) is a citizen of the United States.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,500,000 for the Department of State for 
     fiscal year 2024 to carry out the grant program authorized 
     under subsection (a).

     SEC. 6709. TRAINING FOR INTERNATIONAL ORGANIZATIONS.

       (a) Training Programs.--Section 708 of the Foreign Service 
     Act of 1980 (22 U.S.C. 4028) is amended by adding at the end 
     of the following new subsection:
       ``(e) Training in Multilateral Diplomacy.--
       ``(1) In general.--The Secretary, in consultation with 
     other senior officials as appropriate, shall establish 
     training courses on--
       ``(A) the conduct of diplomacy at international 
     organizations and other multilateral institutions; and
       ``(B) broad-based multilateral negotiations of 
     international instruments.
       ``(2) Required training.--Members of the Service, including 
     appropriate chiefs of mission and other officers who are 
     assigned to United States missions representing the United 
     States to international organizations and other multilateral 
     institutions or who are assigned in other positions that have 
     as their primary responsibility formulation of policy related 
     to such organizations and institutions, or participation in 
     negotiations of international instruments, shall receive 
     specialized training in the areas described in paragraph (1) 
     prior to the beginning of service for such assignment or, if 
     receiving such training at that time is not practical, within 
     the first year of beginning such assignment.''.
       (b) Training for Department Employees.--The Secretary of 
     State shall ensure that employees of the Department of State 
     who are assigned to positions described in paragraph (2) of 
     subsection (e) of section 708 of the Foreign Service Act of 
     1980 (as added by subsection (a) of this section), including 
     members of the civil service or general service, or who are 
     seconded to international organizations for a period of at 
     least one year, receive training described in such subsection 
     and participate in other such courses as the Secretary may 
     recommend to build or augment identifiable skills that would 
     be useful for such Department officials representing United 
     States interests at these institutions and organizations.

     SEC. 6710. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL 
                   AGREEMENTS AND NON-BINDING INSTRUMENTS.

       Section 112b of title 1, United States Code, as most 
     recently amended by section 5947 of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023 
     (Public Law 117-263; 136 Stat. 3476), is further amended--
       (1) by redesignating subsections (h) through (l) as 
     subsections (i) through (m), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h)(1) If the Secretary is aware or has reason to believe 
     that the requirements of subsection (a), (b), or (c) have not 
     been fulfilled with respect to an international agreement or 
     qualifying non-binding instrument, the Secretary shall--
       ``(A) immediately bring the matter to the attention of the 
     office or agency responsible for the agreement or qualifying 
     non-binding instrument; and
       ``(B) request the office or agency to provide within 7 days 
     the text or other information necessary to fulfill the 
     requirements of the relevant subsection.
       ``(2) Upon receiving the text or other information 
     requested pursuant to paragraph (1), the Secretary shall--
       ``(A) fulfill the requirements of subsection (a), (b), or 
     (c), as the case may be, with respect to the agreement or 
     qualifying non-binding instrument concerned--
       ``(i) by including such text or other information in the 
     next submission required by subsection (a)(1);
       ``(ii) by providing such information in writing to the 
     Majority Leader of the Senate, the Minority Leader of the 
     Senate, the Speaker of the House of Representatives, the 
     Minority Leader of the House of Representatives, and the 
     appropriate congressional committees before provision of the 
     submission described in clause (i); or
       ``(iii) in relation to subsection (b), by making the text 
     of the agreement or qualifying non-binding instrument and the 
     information described in subparagraphs (A)(iii) and (B)(iii) 
     of subsection (a)(1) relating to the agreement or instrument 
     available to the public on the website of the Department of 
     State within 15 days of receiving the text or other 
     information requested pursuant to paragraph (1); and
       ``(B) provide to the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, and the appropriate congressional 
     committees, either in the next submission required by 
     subsection (a)(1) or before such submission, a written 
     statement explaining the reason for the delay in fulfilling 
     the requirements of subsection (a), (b), or (c), as the case 
     may be.''.

     SEC. 6711. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL 
                   AFGHAN SPECIAL IMMIGRANT VISA APPLICATIONS AND 
                   APPEALS.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``In this section'' and inserting ``Except 
     as otherwise explicitly provided, in this section''; and
       (2) in subsection (b), by adding at the end the following:
       ``(16) Department of state strategy for efficient 
     processing of applications and appeals.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary of State, 
     in consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the head of any other relevant Federal 
     agency, the appropriate committees of Congress, and civil 
     society organizations (including legal advocates), shall 
     develop a strategy to address applications pending at all 
     steps of the special immigrant visa process under this 
     section.
       ``(B) Elements.--The strategy required by subparagraph (A) 
     shall include the following:
       ``(i) A review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process under this section.
       ``(ii) An analysis of the expected Chief of Mission 
     approvals and denials of applications in the pipeline in 
     order to project the expected number of visas necessary to 
     provide special immigrant status to all approved applicants 
     under this Act during the several years after the date of the 
     enactment of this paragraph.
       ``(iii) A plan for collecting and disaggregating data on--

       ``(I) individuals who have applied for special immigrant 
     visas under this section; and
       ``(II) individuals who have been issued visas under this 
     section.

[[Page S2562]]

       ``(iv) An assessment as to whether adequate guidelines 
     exist for reconsidering or reopening applications for special 
     immigrant visas under this section in appropriate 
     circumstances and consistent with applicable laws.
       ``(v) An assessment of the procedures throughout the 
     special immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       ``(C) Form.--The strategy required by subparagraph (A) 
     shall be submitted in unclassified form but may include an 
     classified annex.
       ``(D) Appropriate committees of congress defined.--In this 
     paragraph, the term `appropriate committees of Congress' 
     means--
       ``(i) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Armed Services of 
     the Senate; and
       ``(ii) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Homeland Security, and the 
     Committee on Armed Services of the House of 
     Representatives.''.

     SEC. 6712. REPORT ON PARTNER FORCES UTILIZING UNITED STATES 
                   SECURITY ASSISTANCE IDENTIFIED AS USING HUNGER 
                   AS A WEAPON OF WAR.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States recognizes the link between armed 
     conflict and conflict-induced food insecurity;
       (2) Congress recognizes and condemns the role of nefarious 
     security actors, including state and non-state armed groups, 
     who have utilized hunger as a weapon of war, including 
     through the unanimous adoption of House of Representatives 
     Resolution 922 and Senate Resolution 669 relating to 
     ``[c]ondemning the use of hunger as a weapon of war and 
     recognizing the effect of conflict on global food security 
     and famine'';
       (3) United Nations Security Council Resolution 2417 
     articulates principles that should serve as an important 
     framework for holding perpetrators that use hunger as a 
     weapon of war accountable; and
       (4) the United States should use the diplomatic and 
     humanitarian tools at our disposal to not only fight global 
     hunger, mitigate the spread of conflict, and promote 
     critical, lifesaving assistance, but also hold perpetrators 
     using hunger as a weapon of war to account.
       (b) Definitions.--In this paragraph:
       (1) Hunger as a weapon of war.--The term ``hunger as a 
     weapon of war'' means--
       (A) intentional starvation of civilians;
       (B) intentional and reckless destruction, removal, looting, 
     or rendering useless objects necessary for food production 
     and distribution, such as farmland, markets, mills, food 
     processing and storage facilities, food stuffs, crops, 
     livestock, agricultural assets, waterways, water systems, 
     drinking water facilities and supplies, and irrigation 
     networks;
       (C) undue denial of humanitarian access and deprivation of 
     objects indispensable to people's survival, such as food 
     supplies and nutrition resources; and
       (D) willful interruption of market systems for populations 
     in need, including through the prevention of travel and 
     manipulation of currency exchange.
       (2) Security assistance.--The term ``security assistance'' 
     means assistance meeting the definition of ``security 
     assistance'' under section 502B of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2304).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of Defense shall 
     submit a report to the appropriate congressional committees, 
     the Committee on Armed Services of the Senate, and the 
     Committee on Armed Services of the House of Representatives 
     regarding--
       (1) United States-funded security assistance and 
     cooperation; and
       (2) whether the governments and entities receiving such 
     assistance have or are currently using hunger as a weapon of 
     war.
       (d) Elements.--The report required under subsection (c) 
     shall--
       (1) identify countries receiving United States-funded 
     security assistance or participating in security programs and 
     activities, including in coordination with the Department of 
     Defense, that are currently experiencing famine-like 
     conditions as a result of conflict;
       (2) describe the actors and actions taken by such actors in 
     the countries identified pursuant to paragraph (1) who are 
     utilizing hunger as a weapon of war; and
       (3) describe any current or existing plans to continue 
     providing United States-funded security assistance to 
     recipient countries.
       (e) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 6713. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE 
                   UNITED STATES AND PEOPLE'S REPUBLIC OF CHINA.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary, in coordination with the 
     Administrator of the United States Agency for International 
     Development, shall submit a report to the appropriate 
     congressional committees regarding the opportunities and 
     costs of infrastructure projects in Middle East, African, and 
     Latin American and Caribbean countries, which shall--
       (1) describe the nature and total funding of United States 
     infrastructure investments and construction in Middle East, 
     African, and Latin American and Caribbean countries, and that 
     of United States allies and partners in the same regions;
       (2) describe the nature and total funding of infrastructure 
     investments and construction by the People's Republic of 
     China in Middle East, African, and Latin American and 
     Caribbean countries;
       (3) assess the national security threats posed by the 
     infrastructure investment gap between the People's Republic 
     of China and the United States and United States allies and 
     partners, including--
       (A) infrastructure, such as ports;
       (B) access to critical and strategic minerals;
       (C) digital and telecommunication infrastructure;
       (D) threats to supply chains; and
       (E) general favorability towards the People's Republic of 
     China and the United States and United States' allies and 
     partners among Middle East, African, and Latin American and 
     Caribbean countries;
       (4) assess the opportunities and challenges for companies 
     based in the United States to invest in infrastructure 
     projects in Middle East, African, and Latin American and 
     Caribbean countries;
       (5) describe options for the United States Government to 
     undertake to increase support for United States businesses 
     engaged in large-scale infrastructure projects in Middle 
     East, African, and Latin American and Caribbean countries; 
     and
       (6) identify regional infrastructure priorities, ranked 
     according to United States national interests, in Middle 
     East, African, and Latin American and Caribbean countries.

     SEC. 6714. SPECIAL ENVOYS.

       (a) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall conduct a review 
     of all special envoy positions to determine--
       (1) which special envoy positions are needed to accomplish 
     the mission of the Department;
       (2) which special envoy positions could be absorbed into 
     the Department's existing bureau structure;
       (3) which special envoy positions were established by an 
     Act of Congress; and
       (4) which special envoy positions were created by the 
     Executive Branch without explicit congressional approval.
       (b) Report.--Not later than 60 days after the completion of 
     the review required under subsection (a), the Secretary shall 
     submit a report to the appropriate congressional committees 
     that includes--
       (1) a list of every special envoy position in the 
     Department;
       (2) a detailed justification of the need for each special 
     envoy, if warranted;
       (3) a list of the special envoy positions that could be 
     absorbed into the Department's existing bureau structure 
     without compromising the mission of the Department;
       (4) a list of the special envoy positions that were created 
     by an Act of Congress; and
       (5) a list of the special envoy positions that are not 
     expressly authorized by statute.

     SEC. 6715. US-ASEAN CENTER.

       (a) Defined Term.--In this section, the term ``ASEAN'' 
     means the Association of Southeast Asian Nations.
       (b) Establishment.--The Secretary is authorized to enter 
     into a public-private partnership for the purposes of 
     establishing a US-ASEAN Center in the United States to 
     support United States economic and cultural engagement with 
     Southeast Asia.
       (c) Functions.--Notwithstanding any other provision of law, 
     the US-ASEAN Center established pursuant to subsection (b) 
     may--
       (1) provide grants for research to support and elevate the 
     importance of the US-ASEAN partnership;
       (2) facilitate activities to strengthen US-ASEAN trade and 
     investment;
       (3) expand economic and technological relationships between 
     ASEAN countries and the United States into new areas of 
     cooperation;
       (4) provide training to United States citizens and citizens 
     of ASEAN countries that improve people-to-people ties;
       (5) develop educational programs to increase awareness for 
     the United States and ASEAN countries on the importance of 
     relations between the United States and ASEAN countries; and
       (6) carry out other activities the Secretary considers 
     necessary to strengthen ties between the United States and 
     ASEAN countries and achieve the objectives of the US-ASEAN 
     Center.

     SEC. 6716. REPORT ON VETTING OF STUDENTS FROM NATIONAL 
                   DEFENSE UNIVERSITIES AND OTHER ACADEMIC 
                   INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Homeland Security, shall submit to the 
     appropriate congressional committees a report that includes--
       (1) an evaluation of the screening process of foreign 
     nationals entering the United States from the People's 
     Republic of China who attend or have attended--
       (A) a top tier university administered by the Ministry of 
     Industry and Information

[[Page S2563]]

     Technology of the People's Republic of China; or
       (B) an academic institution of the People's Republic of 
     China identified on the list required by section 1286(c)(8) 
     of the John S. McCain National Defense Authorization Act of 
     2019 (Public Law 115-232; 10 U.S.C. 2358 note);
       (2) an assessment of any vulnerabilities in the screening 
     process, and recommendations for legal, regulatory, or other 
     changes or steps to address such vulnerabilities; and
       (3) the number of visas approved and denied by the 
     Department, to the extent possible, for students from the 
     People's Republic of China in science, technology, 
     engineering, and mathematics fields, including the number of 
     such students who are pursuing an advanced degree or 
     repeating a degree in such fields over the last five years.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.

     SEC. 6717. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION 
                   TRADE AND TECHNOLOGY COUNCIL.

       It is the sense of Congress that the United States-European 
     Union Trade and Technology Council is an important forum for 
     the United States and in the European Union to engage on 
     transatlantic trade, investment, and engagement on matters 
     related to critical and emerging technology and that the 
     Department should provide regular updates to the appropriate 
     congressional committees on the deliverables and policy 
     initiatives announced at United States-European Union Trade 
     and Technology Council ministerials.

     SEC. 6718. REPORT ON PARTICIPATION IN EXERCISES WITH 
                   GOVERNMENTS THAT HAVE SUPPORTED INTERNATIONAL 
                   TERRORISM .

       To the extent the United States Government is engaging in 
     military or maritime training or exercises with a government 
     the Secretary has determined has repeatedly provided support 
     for acts of international terrorism, not later than 180 days 
     after the date enactment of this Act, the Department shall 
     provide to the appropriate congressional committees a report 
     that includes a justification for such participation, and 
     whether any United States Government funds go to the 
     government of such country in relation to such exercises.

     SEC. 6719. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND 
                   AUTHORITY RELATING TO CONCURRENCE PROVIDED BY 
                   CHIEFS OF MISSION FOR SUPPORT OF CERTAIN 
                   GOVERNMENT OPERATIONS.

       (a) Notification Required.--Not later than 30 days after 
     the date on which a chief of mission concurs with providing 
     United States Government support to entities or individuals 
     engaged in facilitating or supporting United States 
     Government military- or security-related operations within 
     the area of responsibility of the chief of mission, the 
     Secretary shall notify the appropriate congressional 
     committees of such concurrence.
       (b) Semiannual Review, Determination, and Briefing 
     Required.--Not less frequently than semiannually, the 
     Secretary, in order to ensure that the support described in 
     subsection (a) continues to align with United States foreign 
     policy objectives and the objectives of the Department, 
     shall--
       (1) conduct a review of any concurrence described in 
     subsection (a) that is in effect;
       (2) determine, based on such review, whether to revoke any 
     such concurrence pending further study and review; and
       (3) brief the appropriate congressional committees 
     regarding the results of such review.
       (c) Revocation of Concurrence.--If the Secretary 
     determines, pursuant to a review conducted under subsection 
     (b), that any concurrence described in subsection (a) should 
     be revoked, the Secretary may revoke such concurrence.
       (d) Annual Report Required.--Not later than January 31 of 
     each year, the Secretary shall submit a report to the 
     appropriate congressional committees that includes--
       (1) a description of any support described in subsection 
     (a) that was provided with the concurrence of a chief of 
     mission during the calendar year preceding the calendar year 
     in which the report is submitted; and
       (2) an analysis of the effects of such support on 
     diplomatic lines of effort, including with respect to--
       (A) nonproliferation, anti-terrorism, demining, and related 
     programs and associated anti-terrorism assistance programs;
       (B) international narcotics control and law enforcement 
     programs; and
       (C) foreign military sales, foreign military financing, and 
     associated training programs.

     SEC. 6720. MODIFICATION AND REPEAL OF REPORTS.

       (a) Country Reports on Human Rights Practices.--
       (1) In general.--The Secretary shall examine the production 
     of the 2023 and subsequent annual Country Reports on Human 
     Rights Practices by the Assistant Secretary for Democracy, 
     Human Rights, and Labor as required under sections 116(d) and 
     502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151n(d), 2304(b)) to maximize--
       (A) cost and personnel efficiencies;
       (B) the potential use of data and analytic tools and 
     visualization; and
       (C) advancement of the modernization agenda for the 
     Department announced by the Secretary on October 27, 2021.
       (2) Transnational repression amendments to annual country 
     reports on human rights practices.--Section 116(d) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is 
     amended by adding at the end the following new paragraph:
       ``(13) Wherever applicable, a description of the nature and 
     extent of acts of transnational repression that occurred 
     during the preceding year, including identification of--
       ``(A) incidents in which a government harassed, 
     intimidated, or killed individuals outside of their 
     internationally recognized borders and the patterns of such 
     repression among repeat offenders;
       ``(B) countries in which such transnational repression 
     occurs and the role of the governments of such countries in 
     enabling, preventing, mitigating, and responding to such 
     acts;
       ``(C) the tactics used by the governments of countries 
     identified pursuant to subparagraph (A), including the 
     actions identified and any new techniques observed;
       ``(D) in the case of digital surveillance and harassment, 
     the type of technology or platform, including social media, 
     smart city technology, health tracking systems, general 
     surveillance technology, and data access, transfer, and 
     storage procedures, used by the governments of countries 
     identified pursuant to subparagraph (A) for such actions; and
       ``(E) groups and types of individuals targeted by acts of 
     transnational repression in each country in which such acts 
     occur.''.
       (b) Elimination of Obsolete Reports.--
       (1) Annual reports relating to funding mechanisms for 
     telecommunications security and semiconductors.--Division H 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
     is amended--
       (A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
       (i) by striking subparagraph (C); and
       (ii) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (B) in section 9905 (15 U.S.C. 4655)--
       (i) by striking subsection (c); and
       (ii) by redesignating subsection (d) as subsection (c).
       (2) Reports relating to foreign assistance to counter 
     russian influence and media organizations controlled by 
     russia.--The Countering Russian Influence in Europe and 
     Eurasia Act of 2017 (title II of Public Law 115-44) is 
     amended--
       (A) in section 254(e)--
       (i) in paragraph (1)--

       (I) by striking ``In general.--'';
       (II) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively, and moving such 
     paragraphs 2 ems to the left; and

       (ii) by striking paragraph (2); and
       (B) by striking section 255.
       (3) Annual report on promoting the rule of law in the 
     russian federation.--Section 202 of the Russia and Moldova 
     Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law 
     Accountability Act of 2012 (Public Law 112-208) is amended by 
     striking subsection (a).
       (4) Annual report on advancing freedom and democracy.--
     Section 2121 of the Advance Democratic Values, Address 
     Nondemocratic Countries, and Enhance Democracy Act of 2007 
     (title XXI of Public Law 110-53) is amended by striking 
     subsection (c).
       (5) Annual reports on united states-vietnam human rights 
     dialogue meetings.--Section 702 of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is 
     repealed.

               TITLE LXVIII--COMBATING GLOBAL CORRUPTION

     SEC. 6801. SHORT TITLE.

       This title may be cited as the ``Combating Global 
     Corruption Act''.

     SEC. 6802. DEFINITIONS.

       In this title:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.
       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.

     SEC. 6803. PUBLICATION OF TIERED RANKING LIST.

       (a) In General.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (b) Tier 1 Countries.--A country shall be ranked as a tier 
     1 country in the ranking

[[Page S2564]]

     published under subsection (a) if the government of such 
     country is complying with the minimum standards set forth in 
     section 804.
       (c) Tier 2 Countries.--A country shall be ranked as a tier 
     2 country in the ranking published under subsection (a) if 
     the government of such country is making efforts to comply 
     with the minimum standards set forth in section 804, but is 
     not achieving the requisite level of compliance to be ranked 
     as a tier 1 country.
       (d) Tier 3 Countries.--A country shall be ranked as a tier 
     3 country in the ranking published under subsection (a) if 
     the government of such country is making de minimis or no 
     efforts to comply with the minimum standards set forth in 
     section 804.

     SEC. 6804. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
                   CORRUPTION.

       (a) In General.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (1) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (2) enforces the laws described in paragraph (1) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (3) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (4) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (b) Factors for Assessing Government Efforts To Combat 
     Corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (1) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (2) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (3) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (4) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (5) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (6) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (7) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (8) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (9) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (10) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (11) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (12) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (13) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (c) Assessing Government Efforts To Combat Corruption in 
     Relation to Relevant International Commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (1) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (2) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (3) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (4) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (5) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.

     SEC. 6805. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY 
                   HUMAN RIGHTS ACCOUNTABILITY ACT.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (1) in all countries identified as tier 3 countries under 
     section 6803(d); or
       (2) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (b) Report Required.--Not later than 180 days after 
     publishing the list required by section 6803(a) and annually 
     thereafter, the Secretary of State shall submit to the 
     committees specified in subsection (e) a report that 
     includes--
       (1) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     subsection (a);
       (2) the dates on which such sanctions were imposed;
       (3) the reasons for imposing such sanctions; and
       (4) a list of all foreign persons that have been engaged in 
     significant corruption in relation to the planning, 
     construction, or operation of the Nord Stream 2 pipeline.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Briefing in Lieu of Report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by subsection (b)(4)) 
     provide a briefing to the committees specified in subsection 
     (e) instead of submitting a written report required under 
     subsection (b), if doing so would better serve existing 
     United States anti-corruption efforts or the national 
     interests of the Untied States.
       (e) Termination of Requirements Relating to Nord Stream 
     2.--The requirements under subsections (a)(2) and (b)(4) 
     shall terminate on the date that is 5 years after the date of 
     the enactment of this Act.
       (f) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 6806. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) In General.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under section 6803, or which the Secretary 
     otherwise determines is in need of such a point of contact. 
     The point of contact shall be the chief of mission or the 
     chief of mission's designee.
       (b) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (1) promote good governance in foreign countries; and
       (2) enhance the ability of such countries--
       (A) to combat public corruption; and
       (B) to develop and implement corruption risk assessment 
     tools and mitigation strategies.
       (c) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under subsection (a).

                       TITLE LXIX--AUKUS MATTERS

     SEC. 6901. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS partnership.--
       (A) In general.--The term ``AUKUS partnership'' means the 
     enhanced trilateral security partnership between Australia, 
     the

[[Page S2565]]

     United Kingdom, and the United States announced in September 
     2021.
       (B) Pillars.--The AUKUS partnership includes the following 
     two pillars:
       (i) Pillar One is focused on developing a pathway for 
     Australia to acquire conventionally armed, nuclear-powered 
     submarines.
       (ii) Pillar Two is focused on enhancing trilateral 
     collaboration on advanced defense capabilities, including 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations).

              Subtitle A--Outlining the AUKUS Partnership

     SEC. 6911. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the AUKUS partnership is integral to United States 
     national security, increasing United States and allied 
     capability in the undersea domain of the Indo-Pacific, and 
     developing cutting edge military capabilities;
       (2) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will position the United States and 
     its allies to maintain peace and security in the Indo-
     Pacific;
       (3) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will be safely implemented with the 
     highest nonproliferation standards in alignment with--
       (A) safeguards established by the International Atomic 
     Energy Agency; and
       (B) the Additional Protocol to the Agreement between 
     Australia and the International Atomic Energy Agency for the 
     application of safeguards in connection with the Treaty on 
     the Non-Proliferation of Nuclear Weapons, signed at Vienna 
     September 23, 1997;
       (4) the United States will enter into a mutual defense 
     agreement with Australia, modeled on the 1958 bilateral 
     mutual defense agreement with the United Kingdom, for the 
     sole purpose of facilitating the transfer of naval nuclear 
     propulsion technology to Australia;
       (5) working with the United Kingdom and Australia to 
     develop and provide joint advanced military capabilities to 
     promote security and stability in the Indo-Pacific will have 
     tangible impacts on United States military effectiveness 
     across the world;
       (6) in order to better facilitate cooperation under Pillar 
     2 of the AUKUS partnership, it is imperative that every 
     effort be made to streamline United States export controls 
     consistent with necessary and reciprocal security safeguards 
     on United States technology at least comparable to those of 
     the United States;
       (7) the trade authorization mechanism for the AUKUS 
     partnership administered by the Department is a critical 
     first step in reimagining the United States export control 
     system to carry out the AUKUS partnership and expedite 
     technology sharing and defense trade among the United States, 
     Australia, and the United Kingdom; and
       (8) the vast majority of United States defense trade with 
     Australia is conducted through the Foreign Military Sales 
     (FMS) process, the preponderance of defense trade with the 
     United Kingdom is conducted through Direct Commercial Sales 
     (DCS), and efforts to streamline United States export 
     controls should focus on both Foreign Military Sales and 
     Direct Commercial Sales.

     SEC. 6912. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE 
                   DEPARTMENT OF STATE.

       (a) In General.--There shall be a Senior Advisor for the 
     AUKUS partnership at the Department, who--
       (1) shall report directly to the Secretary; and
       (2) may not hold another position in the Department 
     concurrently while holding the position of Senior Advisor for 
     the AUKUS partnership.
       (b) Duties.--The Senior Advisor shall--
       (1) be responsible for coordinating efforts related to the 
     AUKUS partnership across the Department, including the 
     bureaus engaged in nonproliferation, defense trade, security 
     assistance, and diplomatic relations in the Indo-Pacific;
       (2) serve as the lead within the Department for 
     implementation of the AUKUS partnership in interagency 
     processes, consulting with counterparts in the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Office of Naval Reactors, and any other relevant 
     agencies;
       (3) lead diplomatic efforts related to the AUKUS 
     partnership with other governments to explain how the 
     partnership will enhance security and stability in the Indo-
     Pacific; and
       (4) consult regularly with the appropriate congressional 
     committees, and keep such committees fully and currently 
     informed, on issues related to the AUKUS partnership, 
     including in relation to the AUKUS Pillar 1 objective of 
     supporting Australia's acquisition of conventionally armed, 
     nuclear-powered submarines and the Pillar 2 objective of 
     jointly developing advanced military capabilities to support 
     security and stability in the Indo-Pacific, as affirmed by 
     the President of the United States, the Prime Minister of the 
     United Kingdom, and the Prime Minister of Australia on April 
     5, 2022.
       (c) Personnel to Support the Senior Advisor.--The Secretary 
     shall ensure that the Senior Advisor is adequately staffed, 
     including through encouraging details, or assignment of 
     employees of the Department, with expertise related to the 
     implementation of the AUKUS partnership, including staff with 
     expertise in--
       (1) nuclear policy, including nonproliferation;
       (2) defense trade and security cooperation, including 
     security assistance; and
       (3) relations with respect to political-military issues in 
     the Indo-Pacific and Europe.
       (d) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, and not later than 90 days 
     after a Senior Advisor assumes such position, the Secretary 
     shall notify the appropriate congressional committees of the 
     number of full-time equivalent positions, relevant expertise, 
     and duties of any employees of the Department or detailees 
     supporting the Senior Advisor.
       (e) Sunset.--
       (1) In general.--The position of the Senior Advisor for the 
     AUKUS partnership shall terminate on the date that is 8 years 
     after the date of the enactment of this Act.
       (2) Renewal.--The Secretary may renew the position of the 
     Senior Advisor for the AUKUS partnership for 1 additional 
     period of 4 years, following notification to the appropriate 
     congressional committees of the renewal.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

     SEC. 6921. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraphs (3), (4), and (11), 
     the President may, under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761)--
       (A) transfer not more than two Virginia class submarines 
     from the inventory of the United States Navy to the 
     Government of Australia on a sale basis; and
       (B) transfer not more than one additional Virginia class 
     submarine to the Government of Australia on a sale basis.
       (2) Requirements not applicable.--A sale carried out under 
     paragraph (1)(B) shall not be subject to the requirements 
     of--
       (A) section 36 of the Arms Export Control Act (22 U.S.C. 
     2776); or
       (B) section 8677 of title 10, United States Code.
       (3) Certification; briefing.--
       (A) Presidential certification.--The President may exercise 
     the authority provided by paragraph (1) not earlier than 60 
     days after the date on which the President certifies to the 
     appropriate congressional committees that any submarine 
     transferred under such authority shall be used to support the 
     joint security interests and military operations of the 
     United States and Australia.
       (B) Waiver of chief of naval operations certification.--The 
     requirement for the Chief of Naval Operations to make a 
     certification under section 8678 of title 10, United States 
     Code, shall not apply to a transfer under paragraph (1).
       (C) Briefing.--Not later than 90 days before the sale of 
     any submarine under paragraph (1), the Secretary of the Navy 
     shall provide to the appropriate congressional committees a 
     briefing on--
       (i) the impacts of such sale to the readiness of the 
     submarine fleet of the United States, including with respect 
     to maintenance timelines, deployment-to-dwell ratios, 
     training, exercise participation, and the ability to meet 
     combatant commander requirements;
       (ii) the impacts of such sale to the submarine industrial 
     base of the United States, including with respect to 
     projected maintenance requirements, acquisition timelines for 
     spare and replacement parts, and future procurement of 
     Virginia class submarines for the submarine fleet of the 
     United States; and
       (iii) other relevant topics as determined by the Secretary 
     of the Navy.
       (4) Required mutual defense agreement.--Before any transfer 
     occurs under subsection (a), the United States and Australia 
     shall have a mutual defense agreement in place, which shall--
       (A) provide a clear legal framework for the sole purpose of 
     Australia's acquisition of conventionally armed, nuclear-
     powered submarines; and
       (B) meet the highest nonproliferation standards for the 
     exchange of nuclear materials, technology, equipment, and 
     information between the United States and Australia.
       (5) Subsequent sales.--A sale of a Virginia class submarine 
     that occurs after the sales described in paragraph (1) may 
     occur only if such sale is explicitly authorized in 
     legislation enacted after the date of the enactment of this 
     Act.
       (6) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under paragraph (1) 
     shall be charged to the Government of Australia.
       (7) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 of the Arms Export Control Act (22 
     U.S.C. 2761), any funds received by the United States 
     pursuant to a transfer under paragraph (1) shall--
       (A) be credited, at the discretion of the President, to--

[[Page S2566]]

       (i) the fund or account used in incurring the original 
     obligation for the acquisition of submarines transferred 
     under paragraph (1);
       (ii) an appropriate fund or account available for the 
     purposes for which the expenditures for the original 
     acquisition of submarines transferred under paragraph (1) 
     were made; or
       (iii) any other fund or account available for the purpose 
     specified in paragraph (8)(B); and
       (B) remain available for obligation until expended.
       (8) Use of funds.--Subject to paragraphs (9) and (10), the 
     President may use funds received pursuant to a transfer under 
     paragraph (1)--
       (A) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia; or
       (B) for improvements to the submarine industrial base of 
     the United States.
       (9) Plan for use of funds.--Before any use of any funds 
     received pursuant to a transfer under paragraph (1), the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing how such funds will be used, 
     including specific amounts and purposes.
       (10) Notification and report.--
       (A) Notification.--Not later than 30 days after the date of 
     any transfer under paragraph (1), and upon any transfer or 
     depositing of funds received pursuant to such a transfer, the 
     President shall notify the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives of--
       (i) the amount of funds received pursuant to the transfer; 
     and
       (ii) the specific account or fund into which the funds 
     described in clause (i) are deposited.
       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds received 
     pursuant to transfers under paragraph (1) have been fully 
     expended, the President shall submit to the committees 
     described in subparagraph (A) a report that includes an 
     accounting of how funds received pursuant to transfers under 
     paragraph (1) were used in the fiscal year preceding the 
     fiscal year in which the report is submitted.
       (11) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a submarine transferred under paragraph (1) constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The President may use proceeds from a 
     transfer described in subparagraph (A) for the acquisition of 
     submarine naval nuclear propulsion plants and nuclear fuel to 
     replace propulsion plants and fuel transferred to the 
     Government of Australia.
       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, the President shall--
       ``(A) determine the appropriate shipyard in the United 
     States, Australia, or the United Kingdom to perform any 
     repair or refurbishment of a United States submarine involved 
     in submarine security activities between the United States, 
     Australia, and the United Kingdom; and
       ``(B) in making a determination under subparagraph (A) with 
     respect whether a shipyard is appropriate, consider the 
     significance of the shipyard to strategically important areas 
     of operations.
       ``(2) Personnel.--Repair or refurbishment described in 
     paragraph (1)(A) may be carried out by personnel of the 
     United States, the United Kingdom, or Australia in accordance 
     with the international arrangements governing the submarine 
     security activities described in such paragraph.''.

     SEC. 6922. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED 
                   KINGDOM, AND UNITED STATES SUBMARINE SECURITY 
                   ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES 
                   ACCOUNT.

       (a) Acceptance Authority.--The President may accept from 
     the Government of Australia contributions of money made by 
     the Government of Australia for use by the Department of 
     Defense in support of non-nuclear related aspects of 
     submarine security activities between Australia, the United 
     Kingdom, and the United States (AUKUS).
       (b) Establishment of AUKUS Submarine Security Activities 
     Account.--
       (1) In general.--There is established in the Treasury of 
     the United States a special account to be known as the 
     ``AUKUS Submarine Security Activities Account''.
       (2) Crediting of contributions of money.--Contributions of 
     money accepted by the President under subsection (a) shall be 
     credited to the AUKUS Submarine Security Activities Account.
       (3) Availability.--Amounts credited to the AUKUS Submarine 
     Security Activities Account shall remain available until 
     expended.
       (c) Use of AUKUS Submarine Security Activities Account.--
       (1) In general.--Subject to paragraph (2), the President 
     may use funds in the AUKUS Submarine Security Activities 
     Account--
       (A) for any purpose authorized by law that the President 
     determines would support submarine security activities 
     between Australia, the United Kingdom, and the United States; 
     or
       (B) to carry out a military construction project related to 
     the AUKUS partnership that is not otherwise authorized by 
     law.
       (2) Plan for use of funds.--Before any use of any funds in 
     the AUKUS Submarine Security Activities Account, the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing--
       (A) the amount of funds in the AUKUS Submarine Security 
     Activities Account; and
       (B) how such funds will be used, including specific amounts 
     and purposes.
       (d) Transfers of Funds.--
       (1) In general.--In carrying out subsection (c) and subject 
     to paragraphs (2) and (5), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Defense 
     or any other appropriate agency.
       (2) Department of energy.--In carrying out subsection (c), 
     and in accordance with the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Energy 
     to carry out activities related to submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       (3) Availability for obligation.--Funds transferred under 
     this subsection shall be available for obligation for the 
     same time period and for the same purpose as the account or 
     fund to which transferred.
       (4) Transfer back to account.--Upon a determination by the 
     President that all or part of the funds transferred from the 
     AUKUS Submarine Security Activities Account are not necessary 
     for the purposes for which such funds were transferred, and 
     subject to paragraph (5), all or such part of such funds 
     shall be transferred back to the AUKUS Submarine Security 
     Activities Account.
       (5) Notification and report.--
       (A) Notification.--The President shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of--
       (i) before the transfer of any funds under this 
     subsection--

       (I) the amount of funds to be transferred; and
       (II) the planned or anticipated purpose of such funds; and

       (ii) before the obligation of any funds transferred under 
     this subsection--

       (I) the amount of funds to be obligated; and
       (II) the purpose of the obligation.

       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds transferred 
     under this subsection have been fully expended, the President 
     shall submit to the committees described in subparagraph (A) 
     a report that includes a detailed accounting of--
       (i) the amount of funds transferred under this subsection 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted; and
       (ii) the purposes for which such funds were used.
       (e) Investment of Money.--
       (1) Authorized investments.--The President may invest money 
     in the AUKUS Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       (2) Interest and other income.--Any interest or other 
     income that accrues from investment in securities referred to 
     in paragraph (1) shall be deposited to the credit of the 
     AUKUS Submarine Security Activities Account.
       (f) Relationship to Other Laws.--The authority to accept or 
     transfer funds under this section is in addition to any other 
     authority to accept or transfer funds.

     SEC. 6923. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or export 
     directly to private individuals in Australia defense services 
     that may be transferred to the Government of Australia under 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) to 
     support the development of the submarine industrial base of 
     Australia necessary for submarine security activities between 
     Australia, the United Kingdom, and the United States, 
     including if such individuals are not officers, employees, or 
     agents of the Government of Australia.
       (b) Security Controls.--
       (1) In general.--Any defense service transferred or 
     exported under subsection (a) shall be subject to appropriate 
     security controls to ensure that any sensitive information

[[Page S2567]]

     conveyed by such transfer or export is protected from 
     disclosure to persons unauthorized by the United States to 
     receive such information.
       (2) Certification.--Not later than 30 days before the first 
     transfer or export of a defense service under subsection (a), 
     and annually thereafter, the President shall certify to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that the controls described in paragraph (1) will protect the 
     information described in such paragraph for the defense 
     services so transferred or exported.
       (c) Application of Requirements for Retransfer and 
     Reexport.--Any person who receives any defense service 
     transferred or exported under subsection (a) may retransfer 
     or reexport such service to other persons only in accordance 
     with the requirements of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

     SEC. 6931. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       (a) In General.--The President shall institute policies and 
     procedures for letters of request from Australia and the 
     United Kingdom to transfer defense articles and services 
     under section 21 of the Arms Export Control Act (22 U.S.C. 
     2761) related to the AUKUS partnership to receive expedited 
     consideration and processing relative to all other letters of 
     request other than from Taiwan and Ukraine.
       (b) Technology Transfer Policy for Australia, Canada, and 
     the United Kingdom.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, shall create an anticipatory release 
     policy for the transfer of technologies described in 
     paragraph (2) to Australia, the United Kingdom, and Canada 
     through Foreign Military Sales and Direct Commercial Sales 
     that are not covered by an exemption under the International 
     Traffic in Arms Regulations.
       (2) Capabilities described.--The capabilities described in 
     this paragraph are--
       (A) Pillar One-related technologies associated with 
     submarine and associated combat systems; and
       (B) Pillar Two-related technologies, including hypersonic 
     missiles, cyber capabilities, artificial intelligence, 
     quantum technologies, undersea capabilities, and other 
     advanced technologies.
       (3) Expedited decision-making.--Review of a transfer under 
     the policy established under paragraph (1) shall be subject 
     to an expedited decision-making process.
       (c) Interagency Policy and Guidance.--The Secretary and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     requests for Foreign Military Sales and Direct Commercial 
     Sales, including by incorporating the anticipatory release 
     provisions of this section.

     SEC. 6932. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, 
                   TECHNOLOGIES, AND EQUIPMENT FOR SALE TO 
                   AUSTRALIA AND THE UNITED KINGDOM THROUGH 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       Not later than 90 days after the date of the enactment of 
     this Act, and on a biennial basis thereafter for 8 years, 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 report that includes a list of 
     advanced military platforms, technologies, and equipment that 
     are pre-cleared and prioritized for sale and release to 
     Australia, the United Kingdom and Canada through the Foreign 
     Military Sales and Direct Commercial Sales programs without 
     regard to whether a letter of request or license to purchase 
     such platforms, technologies, or equipment has been received 
     from any of such country. Each list may include items that 
     are not related to the AUKUS partnership but may not include 
     items that are not covered by an exemption under the 
     International Traffic in Arms Regulations.

     SEC. 6933. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

       (a) In General.--Section 38 of the Arms Export Control Act 
     of 1976 (22 U.S.C. 2778) is amended by adding at the end the 
     following new subsection:
       ``(l) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, the Secretary of State may exempt 
     from the licensing or other approval requirements of this 
     section exports and transfers (including reexports, 
     retransfers, temporary imports, and brokering activities) of 
     defense articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection(j)(1)(C)(ii); and
       ``(C) involve only persons or entities that are approved 
     by--
       ``(i) the Secretary of State; and
       ``(ii) the Ministry of Defense, the Ministry of Foreign 
     Affairs, or other similar authority within those countries.
       ``(2) Limitation.--The authority provided in subparagraph 
     (1) shall not apply to any activity, including exports, 
     transfers, reexports, retransfers, temporary imports, or 
     brokering, of United States defense articles and defense 
     services involving any country or a person or entity of any 
     country other than the United States, the United Kingdom, and 
     Australia.''.
       (b) Required Standards of Export Controls.--The Secretary 
     may only exercise the authority under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, with respect to the United 
     Kingdom or Australia 30 days after the Secretary submits to 
     the appropriate congressional committees an unclassified 
     certification and detailed unclassified assessment (which may 
     include a classified annex) that the country concerned has 
     implemented standards for a system of export controls that 
     satisfies the elements of section 38(j)(2) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)(2)) for United States-origin 
     defense articles and defense services, and for controlling 
     the provision of military training, that are comparable to 
     those standards administered by the United States in effect 
     on the date of the enactment of this Act.
       (c) Certain Requirements Not Applicable.--
       (1) In general.--Paragraphs (1), (2), and (3) of section 
     3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall 
     not apply to any export or transfer that is the subject of an 
     exemption under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section.
       (2) Quarterly reports.--The Secretary shall--
       (A) require all exports and transfers that would be subject 
     to the requirements of paragraphs (1), (2), and (3) of 
     section 3(d) of the Arms Export Control Act (22 U.S.C. 
     2753(d)) but for the application of subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, to be reported to the 
     Secretary; and
       (B) submit such reports to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives on a quarterly basis.
       (d) Sunset.--Any exemption under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, shall terminate on the 
     date that is 15 years after the date of the enactment of this 
     Act. The Secretary of State may renew such exemption for 5 
     years upon a certification to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives that such exemption is in the 
     vital national interest of the United States with a detailed 
     justification for such certification.
       (e) Reports.--
       (1) Annual report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter until no 
     exemptions under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, remain in effect, the Secretary 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 the operation of exemptions issued under such 
     subsection (l)(1), including whether any changes to such 
     exemptions are likely to be made in the coming year.
       (B) Initial report.--The first report submitted under 
     subparagraph (A) shall also include an assessment of key 
     recommendations the United States Government has provided to 
     the Governments of Australia and the United Kingdom to revise 
     laws, regulations, and policies of such countries that are 
     required to implement the AUKUS partnership.
       (2) Report on expedited review of export licenses for 
     exports of advanced technologies.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Defense, shall 
     report on the practical application of a possible ``fast 
     track'' decision-making process for applications, classified 
     or unclassified, to export defense articles and defense 
     services to Australia, the United Kingdom, and Canada.

     SEC. 6934. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF 
                   ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED 
                   KINGDOM, AND CANADA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Defense, shall initiate a rulemaking to 
     establish an expedited decision-making process, classified or 
     unclassified, for applications to export to Australia, the 
     United Kingdom, and Canada commercial, advanced-technology 
     defense articles and defense services that are not covered by 
     an exemption under the International Traffic in Arms 
     Regulations.
       (b) Eligibility.--To qualify for the expedited decision-
     making process described in subsection (a), an application 
     shall be for an export of defense articles or defense 
     services that will take place wholly within or between the 
     physical territory of Australia, Canada, or the United 
     Kingdom and the United States and with governments or 
     corporate entities from such countries.
       (c) Availability of Expedited Process.--The expedited 
     decision-making process described in subsection (a) shall be 
     available for both classified and unclassified items, and the 
     process must satisfy the following criteria to the extent 
     practicable:
       (1) Any licensing application to export defense articles 
     and services that is related to

[[Page S2568]]

     a government to government AUKUS agreement must be approved, 
     returned, or denied withing 30 days of submission.
       (2) For all other licensing requests, any review shall be 
     completed not later than 45 calendar days after the date of 
     application.

     SEC. 6935. UNITED STATES MUNITIONS LIST.

       (a) Exemption for the Governments of the United Kingdom and 
     Australia From Certification and Congressional Notification 
     Requirements Applicable to Certain Transfers.--Section 
     38(f)(3) of the Arms Export Control Act (22 U.S.C. 
     2778(f)(3)) is amended by inserting ``, the United Kingdom, 
     or Australia'' after ``Canada''.
       (b) United States Munitions List Periodic Reviews.--
       (1) In general.--The Secretary, acting through authority 
     delegated by the President to carry out periodic reviews of 
     items on the United States Munitions List under section 38(f) 
     of the Arms Export Control Act (22 U.S.C. 2778(f)) and in 
     coordination with the Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, and the Director of the 
     Office of Management and Budget, shall carry out such reviews 
     not less frequently than every 3 years.
       (2) Scope.--The periodic reviews described in paragraph (1) 
     shall focus on matters including--
       (A) interagency resources to address current threats faced 
     by the United States;
       (B) the evolving technological and economic landscape;
       (C) the widespread availability of certain technologies and 
     items on the United States Munitions List; and
       (D) risks of misuse of United States-origin defense 
     articles.
       (3) Consultation.--The Department of State may consult with 
     the Defense Trade Advisory Group (DTAG) and other interested 
     parties in conducting the periodic review described in 
     paragraph (1).

                    Subtitle D--Other AUKUS Matters

     SEC. 6941. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

       (a) Report on Instruments.--
       (1) In general.--Not later than 30 days after the 
     signature, conclusion, or other finalization of any non-
     binding instrument related to the AUKUS partnership, the 
     President shall submit to the appropriate congressional 
     committees the text of such instrument.
       (2) Non-duplication of efforts; rule of construction.--To 
     the extent the text of a non-binding instrument is submitted 
     to the appropriate congressional committees pursuant to 
     subsection (a), such text does not need to be submitted to 
     Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 
     United States Code, as amended by section 5947 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1) 
     shall not be construed to relieve the executive branch of any 
     other requirement of section 112b of title 1, United States 
     Code, as amended so amended, or any other provision of law.
       (3) Definitions.--In this section:
       (A) In general.--The term ``text'', with respect to a non-
     binding instrument, includes--
       (i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument; and
       (ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument.
       (B) Contemporaneously and in conjunction with.--As used in 
     subparagraph (A), the term ``contemporaneously and in 
     conjunction with''--
       (i) shall be construed liberally; and
       (ii) may not be interpreted to require any action to have 
     occurred simultaneously or on the same day.
       (b) Report on AUKUS Partnership.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and biennially thereafter, the 
     Secretary, in coordination with the Secretary of Defense and 
     other appropriate heads of agencies, shall submit to the 
     appropriate congressional committees a report on the AUKUS 
     partnership.
       (2) Elements.--Each report required under paragraph (1) 
     shall include the following elements:
       (A) Strategy.--
       (i) An identification of the defensive military capability 
     gaps and capacity shortfalls that the AUKUS partnership seeks 
     to offset.
       (ii) An explanation of the total cost to the United States 
     associated with Pillar One of the AUKUS partnership.
       (iii) A detailed explanation of how enhanced access to the 
     industrial base of Australia is contributing to strengthening 
     the United States strategic position in Asia.
       (iv) A detailed explanation of the military and strategic 
     benefit provided by the improved access provided by naval 
     bases of Australia.
       (v) A detailed assessment of how Australia's sovereign 
     conventionally armed nuclear attack submarines contribute to 
     United States defense and deterrence objectives in the Indo-
     Pacific region.
       (B) Implement the aukus partnership.--
       (i) Progress made on achieving the Optimal Pathway 
     established for Australia's development of conventionally 
     armed, nuclear-powered submarines, including the following 
     elements:

       (I) A description of progress made by Australia, the United 
     Kingdom, and the United States to conclude an Article 14 
     arrangement with the International Atomic Energy Agency.
       (II) A description of the status of efforts of Australia, 
     the United Kingdom, and the United States to build the 
     supporting infrastructure to base conventionally armed, 
     nuclear-powered attack submarines.
       (III) Updates on the efforts by Australia, the United 
     Kingdom, and the United States to train a workforce that can 
     build, sustain, and operate conventionally armed, nuclear-
     powered attack submarines.
       (IV) A description of progress in establishing submarine 
     support facilities capable of hosting rotational forces in 
     western Australia by 2027.
       (V) A description of progress made in improving United 
     States submarine production capabilities that will enable the 
     United States to meet--

       (aa) its objectives of providing up to five Virginia Class 
     submarines to Australia by the early to mid-2030's; and
       (bb) United States submarine production requirements.
       (ii) Progress made on Pillar Two of the AUKUS partnership, 
     including the following elements:

       (I) An assessment of the efforts of Australia, the United 
     Kingdom, and the United States to enhance collaboration 
     across the following eight trilateral lines of effort:

       (aa) Underseas capabilities.
       (bb) Quantum technologies.
       (cc) Artificial intelligence and autonomy.
       (dd) Advanced cyber capabilities.
       (ee) Hypersonic and counter-hypersonic capabilities.
       (ff) Electronic warfare.
       (gg) Innovation.
       (hh) Information sharing.

       (II) An assessment of any new lines of effort established.

                                 ______
                                 
  SA 375. Ms. HASSAN (for herself and Mr. Thune) 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 II, insert the following:

     SEC. 2__. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE 
                   PROGRAMS IN THE DEPARTMENT OF DEFENSE TO 
                   QUANTUM INFORMATION SCIENCES AND TECHNOLOGY 
                   RESEARCH.

       In carrying out section 1599g of title 10, United States 
     Code, the Secretary of Defense may establish public-private 
     exchange programs, each with up to 10 program participants, 
     focused on private sector entities working on quantum 
     information sciences and technology research applications.

     SEC. 2__. BRIEFING ON SCIENCE, MATHEMATICS, AND RESEARCH FOR 
                   TRANSFORMATION (SMART) DEFENSE EDUCATION 
                   PROGRAM.

       Not later than three years after the date of the enactment 
     of this Act, the Secretary of Defense shall provide Congress 
     with a briefing on participation and use of the program under 
     section 4093 of title 10, United States Code, with a 
     particular focus on levels of interest from students engaged 
     in studying quantum fields.

     SEC. 2__. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE 
                   AND TECHNOLOGY RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       (a) Fellowship Program Authorized.--Section 234 of the John 
     S. McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 10 U.S.C. 4001 note) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fellowships.--
       ``(1) Program authorized.--In carrying out the program 
     required by subsection (a) and subject to the availability of 
     appropriations to carry out this subsection, the Secretary 
     may carry out a program of fellowships in quantum information 
     science and technology research and development for 
     individuals who have a graduate or post-graduate degree.
       ``(2) Equal access.--In carrying out the program under 
     paragraph (1), the Secretary may establish procedures to 
     ensure that minority, geographically diverse, and 
     economically disadvantaged students have equal access to 
     fellowship opportunities under such program.''.
       (b) Multidisciplinary Partnerships With Universities.--Such 
     section is further amended--
       (1) by redesignating subsection (g), as redesignated by 
     subsection (a)(1), as subsection (h); and
       (2) by inserting after subsection (f), as added by 
     subsection (a)(2), the following new subsection (g):
       ``(g) Multidisciplinary Partnerships With Universities.--In 
     carrying out the program under subsection (a), the Secretary 
     of Defense may develop partnerships with universities to 
     enable students to engage in multidisciplinary courses of 
     study.''.

[[Page S2569]]

  


     SEC. 2__. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE 
                   PROGRAM.

       (a) Involvement of Department of Defense and Intelligence 
     Community in National Quantum Initiative Advisory 
     Committee.--
       (1) Qualifications.--Subsection (b) of section 104 of the 
     National Quantum Initiative Act (15 U.S.C. 8814) is amended 
     by striking ``and Federal laboratories'' and inserting 
     ``Federal laboratories, and intelligence researchers''.
       (2) Integration.--Such section is amended--
       (A) by redesignating subsections (e) through (g) as 
     subsection (f) through (h), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Integration of Department of Defense and Intelligence 
     Community.--The Advisory Committee shall take such actions as 
     may be necessary, including by modifying policies and 
     procedures of the Advisory Committee, to ensure the full 
     integration of the Department of Defense and the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)) in activities of the Advisory 
     Committee.''.
       (b) Clarification of Purpose of Multidisciplinary Centers 
     for Quantum Research and Education.--Section 302(c) of the 
     National Quantum Initiative Act (15 U.S.C. 8842(c)) is 
     amended--
       (1) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) encouraging workforce collaboration, both with 
     private industry and among Federal entities, including 
     Department of Defense components and the intelligence 
     community (as defined in section 3 of the National Security 
     Act of 1947 (50 U.S.C. 3003)).''.
       (c) Coordination of National Quantum Information Science 
     Research Centers.--Section 402(d) of the National Quantum 
     Initiative Act (15 U.S.C. 8852(d)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) other research entities of the Federal government, 
     including research entities in the intelligence community (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003));''.
       (d) National Quantum Coordination Office, Collaboration 
     When Reporting to Congress.--Section 102 of the National 
     Quantum Initiative Act (15 U.S.C. 8812) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Collaboration When Reporting to Congress.--The 
     Coordination Office shall ensure that when participants in 
     the National Quantum Initiative Program prepare and submit 
     reports to Congress that they do so in collaboration with 
     each other and as appropriate Federal civilian, defense, and 
     intelligence research entities.''.
       (e) Reporting to Additional Committees of Congress.--
     Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is 
     amended to read as follows:
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation, the Committee on Energy and Natural 
     Resources, the Committee on Armed Services, and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on Energy and Commerce, the Committee 
     on Science, Space, and Technology, the Committee on Armed 
     Services, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.''.
                                 ______
                                 
  SA 376. 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.

       Of the funds authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2024 for the 
     Department of Defense for the support of Ukraine, not more 
     than two percent may be obligated or expended until the date 
     on which all member countries of North Atlantic Treaty 
     Organization that do not spend two percent or more of their 
     gross domestic product on defense meet or exceed such 
     threshold.
                                 ______
                                 
  SA 377. 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 XII, add the following:

     SEC. 1299L. PROHIBITION ON EXPEDITED PROCEDURES OR SPECIAL 
                   TREATMENT UNDER THE FOREIGN ASSISTANCE ACT OF 
                   1961 OR THE ARMS EXPORT CONTROL ACT FOR CERTAIN 
                   COUNTRIES.

       (a) In General.--A country described in subsection (b) may 
     not receive expedited procedures or other special treatment 
     under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.) or the Arms Export Control Act (22 U.S.C. 2751).
       (b) Country Described.--A country described in this 
     subsection is any country that--
       (1) has a Status of Forces Agreement with the United 
     States; and
       (2)(A) fails to extend to a member of the United States 
     Armed Forces--
       (i) the right to legal counsel for his or her defense, in 
     accordance with such Status of Forces Agreement or other 
     binding law or agreement with any other country;
       (ii) access to competent language translation services;
       (iii) a prompt and speedy trial;
       (iv) the right to be confronted with the witnesses against 
     him or her; or
       (v) a compulsory process for obtaining witnesses in his or 
     her favor if such witnesses are within the foreign country's 
     jurisdiction; or
       (B) is otherwise in violation of a provision within such 
     active Status Forces Agreement.
                                 ______
                                 
  SA 378. 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 XII, add the following:

     SEC. 1299L. CLARIFICATION OF THE TERM ``UNFORESEEN 
                   EMERGENCY'' FOR PURPOSES OF PRESIDENTIAL 
                   DRAWDOWN AUTHORITY.

       Section 506(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)) is amended by adding at the end the following 
     new paragraphs:
       ``(4)(A) The President may only exercise the authority 
     provided by this subsection during the 20-day period 
     beginning on the date of an unforeseen emergency.
       ``(B) After the end of such 20-day period, the President 
     may not further exercise the authority provided by this 
     section, except as explicitly authorized by an Act of 
     Congress.
       ``(5) In this subsection, the term `unforeseen emergency' 
     means a direct kinetic attack--
       ``(A) on a bilateral or multilateral treaty ally of the 
     United States, undetected or reasonably unforeseen by United 
     States intelligence assessments, by an adversary of the 
     United States; and
       ``(B) that poses a direct or imminent threat to United 
     States security interests, as outlined in the most recent 
     national defense strategy of the United States.''.
                                 ______
                                 
  SA 379. Mr. WICKER 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. __. REPORT ON DUAL-MODALITY AUTONOMOUS VEHICLES.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Navy, in 
     coordination with the Commander of United States Central 
     Command, shall submit to the congressional defense committees 
     a report on the performance of dual-modality autonomous 
     vehicles being integrated, tested, and operated under the 
     direction of Task Force 59 and Task Force 52 of the United 
     States Naval Forces, Central Command.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) An assessment of the military utility of dual-modality 
     autonomous vehicles in providing new and additional military 
     capabilities.
       (2) A summary of testing conducted with respect to such 
     vehicles as of the date on which the report is submitted.
       (3) An outline of remaining development activities required 
     to mature the desired military capabilities provided by such 
     vehicles.
       (4) A proposed profile of funding required to complete 
     development of, acquire, field, and sustain such vehicles.
       (5) An outline of the likely acquisition strategy for such 
     vehicles.
                                 ______
                                 
  SA 380. Mr. WICKER (for himself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed by him

[[Page S2570]]

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 XV, add the following

     SEC. 1510. APPLICATION OF TNT EQUIVALENCY TO LAUNCH VEHICLES 
                   AND COMPONENTS USING METHANE PROPELLANT.

       (a) Findings.--Congress finds the following:
       (1) The United States Government supports having a robust 
     space launch services market to support national security, 
     civil, and commercial space activities.
       (2) A majority of the new launch vehicles in development, 
     testing, and operation in the United States utilize methane 
     and liquid oxygen as their propellants (LOX/LNG or methalox).
       (3) The United States Government has access to data and 
     scientific modeling methods that support a TNT equivalency 
     for methalox that is less than the default 100 percent TNT 
     equivalency that is applied when no scientific data exists to 
     characterize the explosive yield.
       (4) The United States Government is not consistently 
     applying data that supports a TNT equivalency of 25 percent 
     at United States Government owned or licensed facilities.
       (5) The United States Government has initiated a LOX-
     Methane Assessment (LMA) working group, however, the working 
     group's methodology is not grounded in launch vehicle designs 
     or test and launch operations. Further, the working group's 
     efforts are expected to take no less than 3 years to complete 
     and cost the United States taxpayer no less than $80,000,000. 
     United States launch operators are incurring significant cost 
     and diminished opportunities to operate as a result of the 
     United States Government's inconsistent policy on methalox.
       (6) The People's Republic of China is already launching 
     orbital launch vehicles that utilize liquid oxygen and 
     methane.
       (b) Interim Equivalency Determination.--Effective on the 
     date of the enactment of this Act, the interim determination 
     of TNT equivalency applied to launch vehicles and components 
     of such vehicles using methane as propellant shall not exceed 
     25 percent for purposes of the explosive siting and hazardous 
     operations for test and operations of such launch vehicles 
     and their components on or from any facility owned or 
     licensed by the Federal Government.
       (c) Improved Process for Yield Determinations.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense, the Secretary of Transportation, 
     and the Administrator of the National Aeronautics and Space 
     Administration shall establish a process through which 
     scientifically valid TNT equivalency determinations can be 
     assessed for launch vehicles while in flight.
       (d) Certification and Report.--Not later than 90 days after 
     the completion of the joint assessment process conducted by 
     the LOX-Methane Assessment working group, the Secretary of 
     Defense, the Secretary of Transportation, and the 
     Administrator of the National Aeronautics and Space 
     Administration shall submit to the appropriate congressional 
     committees--
       (1) a certification verifying that the Secretaries and the 
     Administrator reviewed the results of such joint assessment 
     process and have agreed upon a new TNT equivalency 
     determination that will be applied by the Federal Government 
     to launch vehicles and components of such vehicles using 
     methane as propellant; and
       (2) a report describing how the implementation of that new 
     TNT equivalency determination is expected to affect 
     commercial space launch activities and national security.
       (e) Sunset.--Subsection (b) shall have no force or effect 
     after the expiration of the period of 180 days following the 
     submittal of the certification and report required under 
     subsection (d).
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the following:
       (A) The congressional defense committees.
       (B) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (C) The Committee on Science, Space, and Technology of the 
     House of Representatives.
       (D) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Launch vehicle.--The term ``launch vehicle'' has the 
     meaning given that term in section 50902 of title 51, United 
     States Code.
       (3) LOX-methane assessment working group.--The term ``LOX-
     Methane Assessment working group'' means the interagency 
     working group that--
       (A) is comprised of representatives from the Department of 
     Defense, the Department of Transportation, and the National 
     Aeronautics and Space Administration; and
       (B) as of the date of the enactment of this Act, is 
     studying the explosive characteristics of liquid oxygen and 
     methane.
       (4) TNT equivalency.--The term ``TNT equivalency'' means a 
     unit of energy equivalent to the energy released during 
     detonation of trinitrotoluene (TNT).
                                 ______
                                 
  SA 381. Mr. WICKER (for himself and 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 X, insert the following:

     SEC. ___. MODIFICATION OF COMPENSATION FOR MEMBERS OF THE 
                   AFGHANISTAN WAR COMMISSION.

       Section 1094(g)(1) of the National Defense Authorization 
     Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1942) 
     is amended to read as follows:
       ``(1) Compensation of members.--
       ``(A) Non-federal employees.--A member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       ``(B) Federal employees.--
       ``(i) In general.--A member of the Commission who is an 
     employee of the Federal Government may be compensated as 
     provided for under subparagraph (a) for periods of time 
     during which the member is engaged in the performance of the 
     duties of the Commission that fall outside of ordinary agency 
     working hours, as determined by the employing agency of such 
     member.
       ``(ii) Rule of construction.--Nothing in this paragraph 
     shall be construed to authorize dual pay for work performed 
     on behalf of the Commission and for a Federal agency during 
     the same hours of the same day.''.
                                 ______
                                 
  SA 382. Mr. LANKFORD 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 VIII, add the following:

     SEC. 849. COMPETITION OF SMALL BUSINESS CONCERNS FOR 
                   DEPARTMENT OF DEFENSE CONTRACTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue guidance ensuring that covered small businesses are 
     better able to compete for Department of Defense contracts.
       (b) Exemptions From Capability Requirements.--
       (1) Waiver authority.--The guidance issued under subsection 
     (a) shall provide that the Department of Defense may waive 
     capability requirements, including those described in 
     paragraph (2), to allow a covered small business that does 
     not otherwise meet such requirements to bid on a contract, 
     provided that it makes the certification described under 
     paragraph (3).
       (2) Types of waivers.--The waivers referred to in paragraph 
     (1) are as follows:
       (A) Evaluation of past performance.--A waiver to ensure 
     that the lack of prior performance history of a covered small 
     business does not adversely affect its opportunity to receive 
     a contract award.
       (B) Authority to provide temporary access to classified 
     information for department of defense contractors without 
     security clearances.--Notwithstanding section 801 of the 
     National Security Act of 1947 (50 U.S.C. 3161) and the 
     procedures established pursuant to such section, a waiver 
     providing a covered small business that has not been 
     determined eligible to access classified information pursuant 
     to such procedures temporary access to classified information 
     under such terms and conditions as the Secretary considers 
     appropriate.
       (C) Training requirements.--A waiver allowing a covered 
     small business to meet employee training requirements after 
     the award of a Department of Defense contract.
       (D) Facility security assessments.--A waiver allowing a 
     covered small business to meet facility security requirements 
     after the award of a Department of Defense contract.
       (E) Other.--Any other waiver determined appropriate by the 
     Secretary of Defense and provided for in the guidance issued 
     under subsection (a).
       (3) Certification requirement.-- In order to qualify for a 
     waiver under paragraph (1), a covered small business shall 
     certify that it will be able to meet the exempted capability 
     requirements within 180 days after the contract award date. 
     The certification shall include a detailed project and 
     financial plan outlining the tasks to be completed, 
     milestones to be achieved, and resources required.
       (4) Monitoring and compliance.--

[[Page S2571]]

       (A) In general.--The contracting officer for a contract 
     awarded pursuant to a waiver under paragraph (1) shall 
     closely monitor the contract performance of the covered small 
     business to ensure that sufficient progress is being made and 
     that any issues that arise are promptly addressed.
       (B) Failure to meet capability requirements.--If a covered 
     small business awarded a contract pursuant to a waiver under 
     paragraph (1) fails to meet the requirements promised in the 
     certification required under paragraph (3) within 180 days, 
     the covered small business shall be subject to 
     disqualification from consideration for future contracts of 
     similar scope pursuant to ``Termination for Default'' 
     provisions under subpart 49.4 of the Federal Acquisition 
     Regulation.
       (c) Covered Small Business Defined.--In this section, the 
     term ``covered small business'' means--
       (1) a nontraditional defense contractor, as that term is 
     defined in section 3014 of title 10, United States Code;
       (2) a small business concern, as that term is defined in 
     section 3(a) of the Small Business Act (15 U.S.C. 632(a)); 
     and
       (3) any other contractor that has not been awarded a 
     Department of Defense contract in the five-year period 
     preceding the solicitation of sources by the Department of 
     Defense.
                                 ______
                                 
  SA 383. Mr. LANKFORD (for himself and Mr. Mullin) 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 CERTAIN REDUCTIONS TO INVENTORY OF E-
                   3 AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2024 for the Air Force may be obligated or 
     expended to retire, prepare to retire, or place in storage or 
     in backup aircraft inventory any E-3 aircraft if such actions 
     would reduce the total aircraft inventory for such aircraft 
     below 16.
       (b) Exception for Plan.--If the Secretary of the Air Force 
     submits to the congressional defense committees a plan for 
     maintaining readiness and ensuring there is no lapse in 
     mission capabilities, the prohibition under subsection (a) 
     shall not apply to actions taken to reduce the total aircraft 
     inventory for E-3 aircraft to below 16, beginning 30 days 
     after the date on which the plan is so submitted.
       (c) Exception for E-7 Procurement.--If the Secretary of the 
     Air Force procures enough E-7 Wedgetail aircraft to 
     accomplish the required mission load, the prohibition under 
     subsection (a) shall not apply to actions taken to reduce the 
     total aircraft inventory for E-3 aircraft to below 16 after 
     the date on which such E-7 Wedgetail aircraft are delivered.
                                 ______
                                 
  SA 384. Mr. LANKFORD (for himself, Ms. Sinema, Mr. Ossoff, Mr. Lee, 
Mr. Romney, Mr. Warnock, 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 end of subtitle E of title X, add the following:

     SEC. 1049. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF 
                   THE ARMED FORCES TO CERTAIN POSITIONS IN THE 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Section 3326 of title 5, United States 
     Code, is amended--
       (1) in the section heading, by inserting ``certain'' before 
     ``positions''; and
       (2) in subsection (b)--
       (A) by striking ``appointed'' and all that follows through 
     ``Defense'' and inserting ``appointed to a position in the 
     excepted or competitive service classified at or above GS-14 
     of the General Schedule (or equivalent) in or under the 
     Department of Defense''; and
       (B) in paragraph (1), by striking ``for the purpose'' and 
     all that follows through ``Management''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 33 of such title is 
     amended in the item relating to section 3326 by inserting 
     ``certain'' before ``positions''.
                                 ______
                                 
  SA 385. Mr. LANKFORD 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. REQUIREMENT TO POST A 100 WORD SUMMARY TO 
                   REGULATIONS.GOV.

       Section 553(b) of title 5, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) the internet address of a summary of not more than 
     100 words in length of the proposed rule, in plain language, 
     that shall be posted on the internet website under section 
     206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) 
     (commonly known as regulations.gov).''.
                                 ______
                                 
  SA 386. Mr. LANKFORD 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 __--Belt and Road Initiative Oversight

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Belt and Road Oversight 
     Act''.

     SEC. 12_2. COUNTRY CHINA OFFICER.

       (a) Designation.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     direct all Chiefs of Mission to designate not fewer than 1 
     Foreign Service Officer in a United States embassy or other 
     diplomatic post in each country with whom the United States 
     has diplomatic relations as Country China Officer.
       (b) Duties.--Each Country China Officer shall monitor and 
     report on the activity of the People's Republic of China in 
     his or her country of responsibility, including capital 
     investment in critical infrastructure and other projects 
     associated with the People's Republic of China, including the 
     Belt and Road Initiative.
       (c) Sunset Provision.--The requirement to designate Country 
     China Officers under subsection (a) shall expire on the date 
     that is 10 years after the date of the enactment of this Act.

     SEC. 12_3. COMPREHENSIVE REVIEW OF BELT AND ROAD INITIATIVE 
                   PROJECTS.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of State shall direct 
     all United States embassies to prepare a report that details 
     assets within their country of operation that are controlled 
     or financed by the Government of the People's Republic of 
     China or a state-owned enterprise in the People's Republic of 
     China. Each such report shall be prepared by a Country China 
     Officer designated pursuant to section 12_2(a) and shall 
     include the information described in subsection (b).
       (b) Contents.--Each report required under subsection (a) 
     shall include--
       (1) an assessment of the respective country's debt 
     obligations to the People's Republic of China;
       (2) a list of known infrastructure projects in the 
     respective country that are financed from capital provided 
     by--
       (A) the banking system of the People's Republic of China, 
     including--
       (i) policy banks, including--

       (I) the China Development Bank;
       (II) the Export-Import Bank of China; and
       (III) the Agricultural Development Bank of China;

       (ii) state-owned commercial banks, including--

       (I) the Industrial and Commercial Bank of China;
       (II) the Agricultural Bank of China;
       (III) the China Construction Bank;
       (IV) the Bank of Communications Limited; and
       (V) the Bank of China;

       (iii) sovereign wealth funds, including--

       (I) the China Investment Corporation;
       (II) China Life Insurance Company;
       (III) the China National Social Security Fund; and
       (IV) the Silk Road Fund; and

       (iv) urban commercial banks; and
       (v) rural financial institutions; and
       (B) international financing institutions, including--
       (i) the Asian Infrastructure Investment Bank; and
       (ii) the New Development Bank; and
       (C) any other financial institution or entity otherwise 
     controlled, overseen, or managed by the Government of the 
     People's Republic of China;
       (3) the identification of the infrastructure projects 
     referred to in paragraph (2) that are projects under the Belt 
     and Road Initiative;
       (4) an assessment of projects that have caused the country 
     to incur significant debt that has the potential to harm its 
     economic prosperity and national sovereignty;
       (5) a list of the known or speculated collateral listed by 
     the respective country for the debts incurred by Belt and 
     Road Initiative projects referred to in paragraph (1);

[[Page S2572]]

       (6) a list of the known assets owned by the Government of 
     the People's Republic of China or state-owned enterprises in 
     the People's Republic of China, including telecommunications 
     and critical infrastructure; and
       (7) a list of known activities at research institutions or 
     institutions of higher education controlled or financed by 
     the Government of the People's Republic of China or state-
     owned enterprises in the People's Republic of China.
       (c) Submission and Distribution of Report.--
       (1) Initial submission.--Not later than 1 year after the 
     date on which the Secretary of State issues the directive 
     described in subsection (a), the Chief of Mission in each 
     country shall submit the report required under subsection (a) 
     to the Under Secretary of State for Political Affairs.
       (2) Distribution.--The Under Secretary shall prepare and 
     distribute a report that includes all of the information from 
     the individual country reports received pursuant to paragraph 
     (1) to--
       (A) the heads of other Bureaus and agencies of the 
     Department of State, as appropriate;
       (B) the United States International Development Finance 
     Corporation;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Select Committee on Intelligence of the Senate;
       (F) the Committee on Finance of the Senate;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (J) the Committee on Ways and Means of the House of 
     Representatives.

     SEC. 12_4. NOTIFICATION OF FUTURE BELT AND ROAD INITIATIVE 
                   PROJECTS.

       After the reports required under section 12_3 have been 
     prepared and submitted, the Secretary of State shall require 
     the respective Embassy and the China Desk at the Department 
     of State of any project described in section 12_3(b)(2) not 
     later than 30 days after the date on which the Country China 
     Officer is informed of such project.

     SEC. 12_5. ANNUAL COMPREHENSIVE REPORT OF BELT AND ROAD 
                   INITIATIVE PROJECTS.

       During the 10-year period beginning on the date of the 
     enactment of this Act, the Under Secretary of State for 
     Political Affairs shall submit an annual report to Congress 
     that--
       (1) contains all findings related to projects controlled or 
     financed by the Government of the People's Republic of China 
     or state-owned enterprises in the People's Republic of China 
     submitted by Country China Officers through the process 
     described in section 12_3(b)(2) during the 12-month reporting 
     period; and
       (2) includes updated findings and analyses related to 
     paragraphs (3), (4), and (5) of section 12_3(b).

     SEC. 12_6. ANNUAL STRATEGY TO COUNTER PRC INFLUENCE.

       (a) In General.--The Country China Officer at each 
     respective embassy, in consultation with the Chief of Mission 
     for the respective country, shall develop a comprehensive, 
     country-specific strategy to counter the influence of the 
     People's Republic of China, including a plan to counter anti-
     American messaging by the People's Republic of China, within 
     their country of responsibility.
       (b) Use of Strategy.--The strategy developed pursuant to 
     subsection (a) shall be used to equip all personnel across 
     all embassies, consulates, and other diplomatic posts in the 
     respective country of responsibility with the tools needed to 
     effectively counter the influence of the People's Republic of 
     China in their respective context and country of 
     responsibility.
       (c) Submission.--The Chief of Mission, during the 10-year 
     period beginning on the date of the enactment of this Act, 
     shall submit an annual report to the Under Secretary of State 
     for Political Affairs that--
       (1) describes the implementation of the strategy developed 
     pursuant to subsection (a) during the reporting period; and
       (2) assesses specific challenges and opportunities relating 
     to the People's Republic of China in the respective country 
     of responsibility.
       (d) Distribution.--The Under Secretary shall submit an 
     annual report that summarizes the information contained in 
     the reports received pursuant to subsection (c) to the heads 
     of the Bureaus of the Department of State, as appropriate.
       (e) Exclusions.--Countries with limited or no investments 
     by the Government of the People's Republic of China shall be 
     excluded from the strategy developed pursuant to subsection 
     (a)

     SEC. 12_7. PROCUREMENT PROJECTIONS.

       (a) Annual Report.--The Country China Officer at each 
     respective embassy, in consultation with other embassy 
     personnel, shall submit, during the 10-year period beginning 
     on the date of the enactment of this Act, an annual report to 
     the Under Secretary of State for Political Affairs that--
       (1) describes the procurement and infrastructure needs of 
     their respective country of responsibility; and
       (2) assesses specific challenges and opportunities relating 
     to potential financing by the People's Republic of China for 
     procurement and infrastructure projects to meet such needs.
       (b) Distribution.--The Under Secretary shall submit an 
     annual report that summarizes the information contained in 
     the reports received pursuant to subsection (a) to--
       (1) the heads of the Bureaus of the Department of State, as 
     appropriate; and
       (2) other instrumentalities of the Federal Government, 
     including the United States International Development Finance 
     Corporation.

     SEC. 12_8. SENSE OF CONGRESS REGARDING DEVELOPMENT FINANCE.

       It is the sense of Congress that, as the People's Republic 
     of China's influence grows through infrastructure 
     (particularly infrastructure that can easily be shifted from 
     economic to military uses), the United States International 
     Development Finance Corporation should prioritize providing 
     alternative financing opportunities that increase port and 
     air field capacity of countries that--
       (1) meet the investment criteria set forth in the BUILD Act 
     of 2018 (division F of Public Law 115-254); and
       (2) are targets of the predatory infrastructure development 
     scheme of the People's Republic of China commonly known as 
     the Belt and Road Initiative.
                                 ______
                                 
  SA 387. Mr. LANKFORD 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__. CONSCIENCE PROTECTIONS FOR MEMBERS OF ARMED FORCES 
                   WHO PROVIDE OR ASSIST WITH PROVISION OF HEALTH 
                   CARE.

       (a) In General.--The Secretary of Defense shall not take 
     any adverse action against a member of the Armed Forces who 
     provides or assists in the provision of health care for the 
     Department of Defense (including as a behavioral, mental, or 
     physical health professional) on the basis that such member 
     declines to perform, assist, refer for, or otherwise 
     participate in a particular medical procedure, counseling 
     activity, or course of treatment because of a sincere 
     religious belief or moral conviction of such member or 
     because the particular medical procedure, counseling 
     activity, or course of treatment would, in the professional 
     medical judgment of such member, be harmful to the patient.
       (b) No Impact on Care.--The Secretary shall ensure that no 
     patient is unduly delayed in receiving any medically 
     indicated care they are otherwise eligible to receive, 
     including preventative, emergency, and routine care, because 
     of compliance by the Secretary with subsection (a).
       (c) Adverse Action Defined.--In this section, the term 
     ``adverse action'' includes any adverse personnel action, 
     discrimination, or denial of promotion, schooling, training, 
     or assignment.
                                 ______
                                 
  SA 388. Mr. LANKFORD 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. ___. GUIDANCE CLARITY.

       (a) Requirement.--Each agency, as defined in section 551 of 
     title 5, United States Code, shall include a guidance clarity 
     statement as described in subsection (b) on any guidance 
     issued by that agency under section 553(b)(3)(A) of title 5, 
     United States Code, on and after the date that is 30 days 
     after the date on which the Director of the Office of 
     Management and Budget issues the guidance required under 
     subsection (c).
       (b) Guidance Clarity Statement.--A guidance clarity 
     statement required under subsection (a) shall--
       (1) be displayed prominently on the first page of the 
     document; and
       (2) include the following: ``The contents of this document 
     do not have the force and effect of law and do not, of 
     themselves, bind the public or the agency. This document is 
     intended only to provide clarity to the public regarding 
     existing requirements under the law or agency policies.''.
       (c) OMB Guidance.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue guidance to implement this 
     section.
                                 ______
                                 
  SA 389. Mr. LANKFORD 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

[[Page S2573]]

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. ___. USE OF OFFICIAL TIME.

       (a) Definitions.--In this section:
       (1) Agency.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``agency'' means an agency, as that term is defined 
     in section 7103(a) of title 5, United States Code, that is in 
     the executive branch of the Federal Government.
       (B) Exception.--For the purposes of subsection (c), the 
     term ``agency''--
       (i) has the meaning given the term ``Executive agency'' in 
     section 105 of title 5, United States Code; and
       (ii) does not include the Government Accountability Office.
       (2) Agency business.--The term ``agency business''--
       (A) means work performed by an employee on behalf of an 
     agency; and
       (B) does not include work performed during official time.
       (3) Bargaining unit.--The term ``bargaining unit'' means a 
     group of employees represented by an exclusive representative 
     in an appropriate unit for collective bargaining under 
     subchapter II of chapter 71 of title 5, United States Code.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Personnel Management.
       (5) Discounted use of government property.--The term 
     ``discounted use of Government property'' means a lesser 
     charge to use Federal Government property (as compared with 
     the value of the use of that property), as determined by--
       (A) the Administrator of General Services, where 
     applicable; or
       (B) comparing the charged use with the generally prevailing 
     commercial cost of using that property.
       (6) Employee.--The term ``employee'' has the meaning given 
     the term in section 7103(a) of title 5, United States Code, 
     with respect to an agency.
       (7) Grievance; labor organization.--The terms ``grievance'' 
     and ``labor organization'' have the meanings given the terms 
     in section 7103(a) of title 5, United States Code.
       (8) Official time.--The term ``official time'' means 
     official time authorized for an employee under section 7131 
     of title 5, United States Code.
       (9) Paid time.--The term ``paid time'', with respect to an 
     employee--
       (A) means time for which the employee is paid by the 
     employing agency of the employee;
       (B) includes--
       (i) duty time during which the employee performs agency 
     business; and
       (ii) official time; and
       (C) does not include--
       (i) time spent on paid or unpaid leave; or
       (ii) off-duty hours of the employee.
       (10) Union time rate.--The term ``union time rate'' means, 
     with respect to a bargaining unit and a fiscal year, the 
     quotient obtained by dividing--
       (A) the total number of hours in that fiscal year during 
     which employees in the bargaining unit performed duties under 
     official time while in a duty status; by
       (B) the total number of employees in the bargaining unit.
       (b) Standards.--
       (1) In general.--
       (A) Requirement for authorization.--No agency may agree to 
     authorize any amount of official time under section 7131(d) 
     of title 5, United States Code, unless that time is 
     reasonable, necessary, and in the public interest.
       (B) Consideration.--For the purposes of subparagraph (A), 
     an agreement authorizing official time under section 7131(d) 
     of title 5, United States Code, that would cause the union 
     time rate in a bargaining unit to exceed 1 hour per employee 
     shall, taking into account the size of the bargaining unit, 
     and the amount of official time anticipated to be authorized 
     in the applicable fiscal year under subsections (a) and (c) 
     of such section 7131, ordinarily not be considered to--
       (i) be reasonable, necessary, and in the public interest; 
     or
       (ii) satisfy the goal described in section 7101(b) of title 
     5, United States Code.
       (C) Agency requirement.--The head of each agency shall--
       (i) commit the time and resources necessary to strive for a 
     negotiated union time rate of not greater than 1; and
       (ii) fulfill the obligation of the agency to bargain in 
     good faith.
       (2) Report required.--
       (A) In general.--If the head of an agency agrees to 
     authorize official time under section 7131(d) of title 5, 
     United States Code, in an amount such that the authorization 
     would cause the union time rate in a bargaining unit to 
     exceed 1 hour per employee (or proposes to the Federal 
     Service Impasses Panel or an arbitrator engaging in interest 
     arbitration an amount that would cause the union time rate in 
     a bargaining unit to exceed 1 hour per employee), the agency 
     head shall, not later than 15 days after the date on which 
     that agreement or proposal is authorized or proposed, as 
     applicable, submit to the President, through the Director, a 
     report regarding the agreement or proposal.
       (B) Contents.--A report submitted by the head of an agency 
     under subparagraph (A) shall--
       (i) explain why the authorized or proposed expenditures to 
     which the report relates are reasonable, necessary, and in 
     the public interest;
       (ii) describe the benefit, if any, that the public will 
     receive from the activities conducted by employees during the 
     official time to which the report relates; and
       (iii) identify the total cost to the agency of the official 
     time to which the report relates.
       (C) Non-delegation.--The head of an agency may not delegate 
     to any other employee or officer the requirement to submit a 
     report under subparagraph (A).
       (D) Notification.--The head of each agency shall require 
     relevant subordinate officials in the agency to inform the 
     agency head 5 business days before the date on which the 
     agency presents or accepts a proposal that would result in a 
     union time rate of greater than 1 for any bargaining unit if 
     those subordinate officials anticipate that the officials 
     will present or agree to such a provision.
       (E) Applicability.--This paragraph shall not apply to a 
     union time rate established under an order of the Federal 
     Service Impasses Panel or an arbitrator engaging in interest 
     arbitration if the applicable agency had proposed that the 
     Panel or arbitrator, as applicable, establish a union time 
     rate of not greater than 1.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to--
       (A) prohibit an agency from authorizing official time as 
     required under subsections (a) and (c) of section 7131 of 
     title 5, United States Code; or
       (B) direct an agency to negotiate to include in a 
     collective bargaining agreement a term that precludes the 
     agency from granting official time under subsections (a) and 
     (c) of section 7131 of title 5, United States Code.
       (c) Employee Conduct.--
       (1) In general.--To ensure that Federal resources are used 
     effectively and efficiently, and in a manner consistent with 
     the public interest and subsection (g), each employee shall 
     comply with the following requirements:
       (A) An employee may not engage in lobbying activities 
     during paid time, except in the official capacity of the 
     employee.
       (B)(i) Except as provided in clause (ii), an employee shall 
     spend not less than \3/4\ of the paid time of the employee 
     each fiscal year performing agency business or attending 
     necessary training (as required by the head of the employing 
     agency) to ensure that the employee develops and maintains 
     the skills necessary to perform the duties of the employee 
     efficiently and effectively.
       (ii) An employee who has spent \1/4\ of the paid time of 
     the employee in a fiscal year performing duties that are not 
     agency business may continue to use official time during that 
     fiscal year for a purpose described in subsection (a) or (c) 
     of section 7131 of title 5, United States Code.
       (iii) Any time in excess of \1/4\ of the paid time of an 
     employee that is used to perform duties that are not agency 
     business in a fiscal year shall count toward the limitation 
     under clause (i) in the subsequent fiscal year.
       (C)(i) An employee, when acting on behalf of a Federal 
     labor organization, may not be permitted the free or 
     discounted use of Government property, or any other agency 
     resource, if that use is not generally available for business 
     other than agency business by employees when acting on behalf 
     of non-Federal organizations.
       (ii) For the purposes of clause (i), Government property 
     and other agency resources includes office or meeting space, 
     reserved parking spaces, telephones, computers, and computer 
     systems.
       (D) An employee who incurs expenses while performing duties 
     other than agency business may not be reimbursed for those 
     expenses, unless reimbursement is required by law or 
     regulation.
       (E)(i) An employee may not use official time to prepare or 
     pursue a grievance, including arbitration with respect to a 
     grievance, brought against an agency under procedures 
     negotiated under section 7121 of title 5, United States Code, 
     except where that use is otherwise authorized by law or 
     regulation.
       (ii) Clause (i) shall not apply to a situation in which an 
     employee uses official time to--
       (I) prepare for, confer with an exclusive representative 
     regarding, or present a grievance brought on behalf of the 
     employee;
       (II) appear as a witness in a grievance proceeding; or
       (III) challenge an adverse personnel action taken against 
     the employee in retaliation for engaging in federally 
     protected whistleblower activity, including for engaging in 
     an activity that is protected under--

       (aa) section 2302(b)(8) of title 5, United States Code;
       (bb) section 21F(h)(1) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78u-6(h)(1));
       (cc) section 3730(h) of title 31, United States Code; or
       (dd) any other similar provision of law.

       (2) Authorization.--
       (A) In general.--An employee may not use official time 
     without advance written authorization from the head of the 
     employing agency, unless prior approval is impracticable 
     under rules or guidance issued under paragraph (3).
       (B) Review.--Any use of official time without written 
     advance authorization from the

[[Page S2574]]

     head of the employing agency because of impracticality, as 
     described in subparagraph (A), shall be reviewed by the head 
     of the employing agency, who, not later than 15 days after 
     the date on which the official time is first used, shall make 
     a determination regarding whether to certify that providing 
     the advance written authorization was impracticable.
       (C) Restriction.--If an employee uses official time without 
     advance written authorization from the head of the employing 
     agency because of impracticality, as described in 
     subparagraph (A), and the head of the employing agency does 
     not make a certification described in subparagraph (B) within 
     the time frame established under that subparagraph, the 
     employee may not use official time for the remainder of the 
     fiscal year in which the official time was used or for 90 
     days, whichever is longer.
       (3) OPM responsibilities.--
       (A) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director shall examine whether 
     rules that are in existence, as of the date on which the 
     Director performs the examination, are consistent with the 
     requirements of this subsection.
       (B) Additional rules.--If, after performing the examination 
     required under subparagraph (1), the Director determines that 
     existing rules, as described in that subparagraph, are not 
     consistent with the requirements of this subsection, the 
     Director, as soon as is practicable, shall propose for notice 
     and comment appropriate rules to clarify and assist agencies 
     in implementing this subsection, consistent with applicable 
     law.
       (4) Agency responsibilities.--
       (A) In general.--The head of each agency shall ensure 
     compliance by employees of the agency with the requirements 
     of this subsection, to the extent consistent with applicable 
     law and collective bargaining agreements.
       (B) Reviews.--The head of each agency shall--
       (i) examine whether rules, policies, and practices that are 
     in existence, as of the effective date of this subsection, 
     are consistent with the requirements of this subsection; and
       (ii) if, after performing the review required under clause 
     (i), the agency head determines that existing rules, 
     policies, and procedures, as described in that clause, are 
     not consistent with the requirements of this subsection, as 
     soon as is practicable, take all appropriate actions 
     consistent with applicable law to bring those rules, 
     policies, and procedures into compliance with this 
     subsection.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit the head of an agency from 
     permitting an employee to perform representational activities 
     under chapter 71 of title 5, United States Code, including 
     for activities described in section 7121(b)(1)(C) of that 
     title.
       (6) Effective date.--This subsection shall take effect on 
     the date that is 45 days after the date of enactment of this 
     Act, except with respect to paragraph (3), which shall take 
     effect on that date of enactment.
       (d) Preventing Unlawful or Unauthorized Expenditures.--
       (1) In general.--An employee who uses official time without 
     the advance written authorization required under subsection 
     (c)(2), or for purposes not specifically authorized by the 
     head of the employing agency, shall be--
       (A) considered absent without leave;
       (B) in cases of repeated such misuses, considered to have 
     engaged in serious misconduct that impairs the efficiency of 
     the Federal service; and
       (C) subject to appropriate disciplinary action to address 
     the misconduct described in subparagraph (A) or (B), as 
     applicable.
       (2) Procedures.--
       (A) In general.--As soon as is practicable, and not later 
     than 180 days after the date of enactment of this Act, and to 
     the extent permitted by law, the head of each agency shall 
     develop and implement a procedure governing the authorization 
     of official time under subsection (c)(2).
       (B) Contents.--A procedure developed under subparagraph (A) 
     shall, at a minimum--
       (i) require an employee requesting official time to specify 
     the number of hours of official time to be used and the 
     specific purposes for which that time will be used, providing 
     sufficient detail to identify the tasks that the employee 
     will undertake;
       (ii) allow the authorizing official to assess whether it is 
     reasonable and necessary to grant the amount of time 
     requested to accomplish the tasks described in clause (i); 
     and
       (iii) with respect to a continuing or ongoing request, 
     require--

       (I) the renewal of the request to be submitted not less 
     frequently than once per pay period; and
       (II) separate advance authorization for any use of official 
     time that is in excess of previously authorized hours or 
     purposes for which the time was not previously authorized.

       (3) Monitoring.--
       (A) In general.--As soon as is practicable, and not later 
     than 180 days after the date of enactment of this Act, the 
     head of each agency shall develop and implement a system to 
     monitor the use of official time to ensure that such time--
       (i) is used only for authorized purposes; and
       (ii) is not used contrary to law or regulation.
       (B) Requirements.--In developing a system under 
     subparagraph (A), the head of an agency shall give special 
     attention to ensuring that official time is not used for--
       (i) internal labor organization business in violation of 
     section 7131(b) of title 5, United States Code;
       (ii) lobbying activities in violation of section 1913 of 
     title 18, United States Code, or subsection (c)(1) of this 
     section; or
       (iii) political activities in violation of subchapter III 
     of chapter 73 of title 5, United States Code.
       (e) Agency Reporting Requirements.--
       (1) In general.--To the extent permitted by law, the head 
     of each agency shall submit to the Director an annual report 
     that addresses each of the following for the fiscal year 
     covered by the report:
       (A) The purposes for which the agency head has authorized 
     the use of official time, including the amounts of time used 
     for each such purpose.
       (B) The job title and total compensation of each employee 
     who has used official time, including the total number of 
     hours each such employee spent on those activities and the 
     proportion of the total paid hours of each such employee that 
     number of hours represents.
       (C) If the agency has allowed labor organizations or 
     individuals, during official time, the free or discounted use 
     of Government property, the total value of that use.
       (D) Any expenses that the agency paid for activities 
     conducted during official time.
       (E) The amount of any reimbursement paid by labor 
     organizations for the use of property described in 
     subparagraph (C).
       (F) Whether the aggregate union rate time of the agency has 
     increased, as compared with the most recent report submitted 
     under this paragraph and, if that aggregate rate has so 
     increased, an explanation for the increase.
       (2) Notification.--If the union time rate with respect to a 
     bargaining unit exceeds 1 hour per employee, the head of the 
     applicable agency shall submit a notification regarding that 
     fact to the Interagency Labor Relations Working Group 
     established under section 3 of Executive Order 13836 (83 Fed. 
     Reg. 25329; relating to developing efficient, effective, and 
     cost-reducing approaches to Federal sector collective 
     bargaining).
       (3) Deadline.--The Director shall establish the date on 
     which the reports required under this subsection shall be 
     submitted.
       (f) Public Disclosure and Transparency.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall publish a 
     standardized form that the head of each agency shall use in 
     preparing the reports required under subsection (e).
       (2) Analysis of reports.--The Director shall analyze each 
     report submitted under subsection (e) and produce an annual 
     report that details each of the following for the fiscal year 
     covered by the report:
       (A) For each agency, and for all agencies in the 
     aggregate--
       (i) the number of employees using official time;
       (ii) the number of employees using official time, 
     separately listed by intervals of the proportion of paid time 
     spent on those activities;
       (iii) the number of hours spent on official time;
       (iv) the cost of official time, as measured by the 
     compensation of the employees involved;
       (v) the aggregate union time rate;
       (vi) the number of bargaining unit employees; and
       (vii) the percentage change in each of the values described 
     in clauses (i) through (vi), as compared with the previous 
     year.
       (B) For each agency, and for all agencies in the 
     aggregate--
       (i) the value of the free or discounted use of Government 
     property the agency has provided to labor organizations;
       (ii) any expenses, such as travel expenses, paid for 
     activities conducted during official time;
       (iii) the amount of any reimbursement paid for the use 
     described in clause (ii); and
       (iv) the percentage change in each of the values described 
     in clauses (i), (ii), and (iii), as compared with the 
     previous year.
       (C) The purposes for which official time was granted.
       (D) The information required under subsection (e)(1)(B) 
     with respect to employees using official time, which shall be 
     sufficiently aggregated to ensure that the disclosure would 
     not unduly risk disclosing information protected under law, 
     including personally identifiable information.
       (3) Publication.--
       (A) In general.--Not later than June 30 of each year, the 
     Director shall publish on the website of the Office of 
     Personnel Management the report required under this 
     subsection.
       (B) First report.--The first report required under this 
     subsection shall--
       (i) apply with respect to the first fiscal year that begins 
     after the date of enactment of this Act; and
       (ii) be published not later than 240 days after the end of 
     the fiscal year described in clause (i).
       (4) Guidance.--The Director, after consulting with the 
     Chief Human Capital Officers appointed or designated under 
     chapter

[[Page S2575]]

     14 of title 5, United States Code, shall promulgate any 
     additional guidance that may be necessary or appropriate to 
     assist the heads of agencies in complying with the 
     requirements of this subsection.
       (g) Implementation and Renegotiation of Collective 
     Bargaining Agreements.--
       (1) Implementation.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, and subject to subparagraph (B), the 
     head of each agency shall implement the requirements of this 
     section, except with respect to subsection (c)(2), which 
     shall be effective for employees in a particular agency when 
     the head of that agency implements the procedure required 
     under subsection (d)(2), to the extent permitted by law and 
     consistent with obligations under collective bargaining 
     agreements that are in effect, as of the date of enactment of 
     this Act.
       (B) Designation.--The head of each agency shall--
       (i) designate an official within the agency to implement 
     this section; and
       (ii) not later than 30 days after the date of enactment of 
     this Act, notify the Director regarding the identity of the 
     official designated under clause (i).
       (2) Consultation with labor representatives.--
       (A) In general.--The head of each agency shall consult with 
     employee labor representatives regarding the implementation 
     of this section.
       (B) Alterations to collective bargaining agreements.--On 
     the earliest date permitted under law, and to effectuate the 
     terms of this section, the head of any agency that is party 
     to a collective bargaining agreement that has not less than 1 
     provision that is inconsistent with any provision of this 
     section shall give any contractually required notice of the 
     intent of the agency to alter the terms of that agreement 
     and--
       (i) reopen negotiations to obtain provisions consistent 
     with this section; or
       (ii) terminate any such inconsistent provision and 
     implement the requirements of this section.
       (h) General Provisions.--
       (1) Rules of construction.--Nothing in this section may be 
     construed to--
       (A) abrogate any collective bargaining agreement that is in 
     effect, as of the date of enactment of this Act;
       (B) interfere with, restrain, or coerce any employee in the 
     exercise by the employee of any right under chapter 71 of 
     title 5, United States Code;
       (C) encourage or discourage membership in any labor 
     organization by discrimination in connection with 
     appointment, tenure, promotion, or other conditions of 
     employment;
       (D) impair or otherwise affect the authority granted by law 
     to an agency or the head of an agency; or
       (E) create any right or benefit, substantive or procedural, 
     enforceable at law or in equity by any party against--
       (i) the United States;
       (ii) a department, agency, entity, officer, employee, or 
     agent of the United States; or
       (iii) any other person.
       (2) Implementation.--This section shall be implemented 
     consistent with applicable law and subject to the 
     availability of appropriations.
       (3) Severability.--If any provision of this section, 
     including any application of this section, is held to be 
     invalid, the remainder of this section, and all other 
     applications of this section, shall not be affected by that 
     holding.
                                 ______
                                 
  SA 390. Mr. LANKFORD 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 title X, insert the following:

     SEC. ___. IMPROVING THE ANALYSIS AND REPORTING OF COST AND 
                   UNIT-LEVEL READINESS IMPACTS OF SUPPORTING 
                   SOUTHWEST BORDER OPERATIONS.

       The Secretary of Defense shall--
       (1) ensure that the Under Secretary of Defense 
     (Comptroller) follows best practices for--
       (A) completing well-documented cost estimates when 
     assessing the Department of Homeland Security's requests for 
     assistance (referred to in this sections as ``RFAs'') related 
     to the southwest border by documenting its estimated methods 
     for future RFAs; and
       (B) credible estimates when assessing RFAs related to the 
     southwest border by completing a robust sensitivity analysis 
     of key cost drivers, a risk and uncertainty analysis, and 
     cross checks for future RFAs;
       (2) ensure that the Chairman of the Joint Chiefs of Staff, 
     in collaboration with the Secretaries of the military 
     departments, identifies--
       (A) units likely to be sourced to support U.S. Customs and 
     Border Protection along the southwest border; and
       (B) the potential unit-level readiness impacts of assigning 
     such units before the Secretary of Defense responds to 
     pending RFAs, when conditions permit;
       (3) ensure that the Under Secretary of Defense for Policy, 
     in coordination with the Under Secretary of Defense 
     (Comptroller), submits the annual reports required under 
     section 1014(d)(1) of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328) to the 
     congressional defense committees on time;
       (4) ensure that the Under Secretary of Defense 
     (Comptroller) clarifies guidance to ensure that the military 
     services and the National Guard Bureau track all costs 
     associated with the Department of Defense's support to U.S. 
     Customs and Border Protection's border security mission, 
     including costs associated with installation support, 
     oversight of border construction projects, and National Guard 
     personnel benefits, and includes such costs in future reports 
     referred to in paragraph (3); and
       (5) in coordination with the Secretary of Homeland 
     Security, develop a memorandum of understanding, which 
     shall--
       (A) ensure that field operations of the Department of 
     Homeland Security are consistent with directives of the 
     Department of Homeland Security;
       (B) define a common outcome for the Department of Defense's 
     support to the Department of Homeland Security, consistent 
     with best practices for interagency collaboration;
       (C) ensure all RFAs clearly define the role of the 
     Department of Defense in an operation, including contingency 
     plans for circumstances in which the Department of Defense's 
     support may need to be increased or decreased; and
       (D) articulate how such common outcome will enable the 
     Department of Homeland Security to achieve its southwest 
     border security mission; and
       (6) annually submit to the Committees on Armed Services and 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committees on Armed Services and Homeland Security of the 
     House of Representatives a report on the costs incurred by 
     the Department of Defense in support of activities by the 
     Department of Homeland Security on the southwest border.
                                 ______
                                 
  SA 391. Mr. LANKFORD 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. ___. CRITERIA FOR GRANTING DIRECT-HIRE AUTHORITY TO 
                   AGENCIES.

       Section 3304(a)(3)(B) of title 5, United States Code, is 
     amended by striking ``shortage of candidates'' and all that 
     follows through ``highly qualified candidates)'' and 
     inserting ``shortage of highly qualified candidates''.
                                 ______
                                 
  SA 392. Mr. LANKFORD 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__. MODIFICATION TO ANNUAL REPORT ON TRADE AGREEMENTS 
                   PROGRAM AND NATIONAL TRADE POLICY AGENDA.

       Section 163(a)(3)(A) of the Trade Act of 1974 (19 U.S.C. 
     2213(a)(3)(A)) is amended--
       (1) by redesignating clause (iv) as clause (v);
       (2) in clause (iii), by striking ``and'' at the end; and
       (3) by inserting after clause (iii) the following:
       ``(iv) how such objectives and priorities support and 
     advance the objectives of--
       ``(I) the national defense strategy under 113(g) of title 
     10, United States Code; and
       ``(II) the national security strategy of the United States 
     under section 108 of the National Security Act of 1947 (50 
     U.S.C. 3043); and''.
                                 ______
                                 
  SA 393. Mr. LANKFORD 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. REPORTS ON AND INVESTMENTS IN PHARMACEUTICAL 
                   SUPPLY CHAIN RESILIENCY TO REDUCE RELIANCE ON 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Report on Pharmaceuticals Imported From the People's 
     Republic of China.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner of

[[Page S2576]]

     Food and Drugs, in consultation with the United States Trade 
     Representative, shall submit to the appropriate congressional 
     committees a report that sets forth a list of--
       (1) each finished pharmaceutical product that is imported 
     into the United States from the People's Republic of China in 
     a quantity that exceeds 20 percent of the quantity of the 
     product available for use in the United States; and
       (2) each active pharmaceutical ingredient that is imported 
     into the United States from the People's Republic of China in 
     a quantity that exceeds 20 percent of the quantity of the 
     ingredient available for use in the United States.
       (b) Strategy for Pharmaceutical Supply Chain Resiliency.--
       (1) In general.--The President shall develop a 
     comprehensive strategy to address the national security 
     threat posed by the control by the People's Republic of China 
     of the global supply of finished pharmaceutical products and 
     active pharmaceutical ingredients.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include efforts to develop a more reliable and secure supply 
     chain for finished pharmaceutical products and active 
     pharmaceutical ingredients, including manufacturing and 
     production projects that--
       (A) contribute to the development of a more reliable and 
     secure supply chain for such products and ingredients;
       (B) reduce reliance on the People's Republic of China for 
     such products and ingredients; and
       (C) facilitate cooperation with the governments of other 
     countries in a concerted effort to make significant strategic 
     investments in development projects, production technologies, 
     and refining facilities for such products and ingredients.
       (3) Report required.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the strategy 
     required by paragraph (1).
       (B) Elements.--The report required in paragraph (1) shall 
     include--
       (i) a description of the extent of the engagement of the 
     United States International Development Finance Corporation 
     with the governments of the other countries of the 
     Quadrilateral Security Dialogue to promote shared investment 
     in and development of finished pharmaceutical products and 
     active pharmaceutical ingredients; and
       (ii) a description of the work of the United States Trade 
     Representative to engage with the government of those 
     countries to decrease trade barriers for the development, 
     production, refinement, and transportation of such products 
     and ingredients.
       (c) Investments in Pharmaceutical Supply Chain 
     Resiliency.--
       (1) In general.--In support of the strategy required by 
     subsection (b), the United States International Development 
     Finance Corporation shall prioritize providing support under 
     title II of the Better Utilization of Investments Leading to 
     Development Act of 2018 (22 U.S.C. 9621 et seq.) for 
     manufacturing and production of finished pharmaceutical 
     products and active pharmaceutical ingredients, including 
     projects that--
       (A) contribute to the development of a more reliable and 
     secure supply chain for such products and ingredients;
       (B) reduce reliance on the People's Republic of China for 
     such products and ingredients; and
       (C) facilitate cooperation with the governments of other 
     countries in a concerted effort to make significant strategic 
     investments in development projects, production technologies, 
     and refining facilities for such products and ingredients.
       (2) Certification requirement.--The United States 
     International Development Finance Corporation may not provide 
     support under paragraph (1) for a project relating to the 
     manufacturing or production of a finished pharmaceutical 
     product unless the entity receiving the support certifies 
     that--
       (A) not more than 25 percent of the active pharmaceutical 
     ingredients used in the product are sourced from a single 
     country of origin that is a nonmarket economy country, as 
     defined by the Secretary of Commerce; and
       (B) the entity is not controlled, in whole or in part, by 
     an entity organized under the laws of, or otherwise subject 
     to the jurisdiction of, a nonmarket economy country.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Health, Education, Labor, and 
     Pensions, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Finance of the Senate; 
     and
       (2) the Committee on Energy and Commerce and the Committee 
     on Ways and Means of the House of Representatives.
                                 ______
                                 
  SA 394. Mr. LANKFORD 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. ___. EXPEDITED HIRING AUTHORITY.

       (a) Expedited Hiring Authority for College Graduates.--
     Section 3115(e)(1) of title 5, United States Code, is amended 
     by striking ``15 percent'' and inserting ``25 percent''.
       (b) Expedited Hiring Authority for Post-secondary 
     Students.--Section 3116(d)(1) of title 5, United States Code, 
     is amended by striking ``15 percent'' and inserting ``25 
     percent''.
                                 ______
                                 
  SA 395. Mr. LANKFORD 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. ___. BLENDED FEDERAL WORKFORCE.

       (a) In General.--Section 1103(c) of title 5, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``(c)(1)'' and inserting ``(c)(1)(A)''; and
       (B) by adding at the end the following:
       ``(B)(i) The Office of Personnel Management shall collect 
     from Executive agencies, other than elements of the 
     intelligence community (as defined in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 3003(4))), on at 
     least an annual basis the following:
       ``(I) The total number of persons employed directly by the 
     Executive agency.
       ``(II) The total number of prime contractor employees and 
     subcontractor employees, as those terms are defined in 
     section 8701 of title 41, issued credentials allowing access 
     to Executive agency property or computer systems.
       ``(III) The total number of employees of Federal grant and 
     cooperative agreement recipients, as those legal instruments 
     are described in sections 6304 and 6305 of title 31, 
     respectively, who are issued credentials allowing access to 
     Executive agency property or computer systems.
       ``(IV) A total count of the workforce of the Executive 
     agency, including employees, prime contractor employees, 
     subcontractor employees, grantee employees, and cooperative 
     agreement employees.
       ``(ii) The Office of Personnel Management shall compile the 
     data collected under clause (i) and issue, and post on its 
     website, an annual report containing the data.''; and
       (2) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1)(A)''.
       (b) Sense of Congress on Effective and Efficient Management 
     of the Blended Federal Workforce.--
       (1) Definition.--In this subsection, the term ``Executive 
     agency'' has the meaning given the term in section 105 of 
     title 5, United States Code.
       (2) Findings.--Congress finds the following:
       (A) The implementation of Federal laws and the competent 
     administration of Federal programs require skilled and 
     capable personnel.
       (B) Executive agencies depend on a blended workforce that 
     includes Federal employees, employees of prime contractors 
     and subcontractors performing services to Executive agencies, 
     and employees of State or local governments, nonprofit 
     organizations, or institutions of higher education performing 
     services to Executive agencies under the terms of grants and 
     cooperative agreements (in this subsection referred to as 
     ``grantees''), all of whom make essential contributions to 
     achieving the missions of the Government in service to the 
     people of the United States.
       (C) Approximately 2,000,000 Federal employees help to 
     execute the laws of the United States, supplemented by an 
     unknown number, estimated to exceed 5,000,000, of employees 
     of prime contractors, subcontractors, and grantees providing 
     services to Executive agencies.
       (D) Policymakers, Executive agencies, and observers have 
     often focused on individual components of the blended 
     workforce, such as employees, without considering all 
     components or considering the entire blended workforce and 
     how all 3 components can work most effectively together.
       (E) Executive agencies inhibit their own workforce planning 
     and risk making decisions that may reduce the overall 
     efficiency and cost effectiveness of the blended workforce by 
     focusing on only 1 component in isolation.
       (F) Establishing artificial limits on headcounts or full-
     time equivalent positions for Federal employees, 
     administrators, and managerial employees of Executive 
     agencies may discourage the employment of interns or entry-
     level employees to build a balanced employment pipeline and 
     may inadvertently encourage managers to shift work to 
     contractors and grantees for the purpose of complying with 
     such numerical limits, even if those decisions are not 
     justified by an approach to improve the efficiency or cost 
     effectiveness of the Executive agency's work.
       (G) The Government Accountability Office has identified 
     strategic human capital management as a high-risk area for 
     the Federal Government, adding that critical skills gaps 
     ``impede the government from cost-effectively serving the 
     public and achieving results''.

[[Page S2577]]

       (3) Sense of congress.--It is the sense of Congress that 
     Executive agencies should--
       (A) manage the entire Federal blended workforce, including 
     employees, contractors, and grantees, using a comprehensive 
     and holistic approach to advance their missions as 
     effectively and cost efficiently as possible, within 
     appropriated budgets and without using artificial numerical 
     limits on headcounts or full-time-equivalent positions; and
       (B) conduct a holistic review of their blended workforce 
     and develop a comprehensive plan to ensure an efficient and 
     cost-effective blended workforce.
                                 ______
                                 
  SA 396. Mr. LANKFORD 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 B of title X, insert 
     the following:

     SEC. 101__. NATIONAL SECURITY-BASED THREAT ASSESSMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Chief of the U.S. Border Patrol, in conjunction 
     with the Under Secretary of Commerce for Industry and 
     Security and the Director of National Intelligence, shall 
     develop and submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Armed 
     Services of the Senate, the Committee on Homeland Security of 
     the House of Representatives, and the Committee on Armed 
     Services of the House of Representatives a threat assessment 
     that--
       (1) is related to the technologies that are commonly used 
     to construct illicit, cross-border tunnels;
       (2) is focused on--
       (A) identifying the technologies that could be used to 
     construct such tunnels;
       (B) how such technologies can be acquired; and
       (C) whether such technologies should be subject to 
     additional regulations, export controls, or other regulatory 
     measures to safeguard the national security of the United 
     States; and
       (3) considers whether any entities should be added to the 
     Entity List maintained by the Bureau of Industry and Security 
     of the Department of Commerce and set forth in Supplement No. 
     4 to part 744 of title 15, Code of Federal Regulations.
                                 ______
                                 
  SA 397. Mr. LANKFORD 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. __. ENSURING RELIABLE SUPPLY OF RARE EARTH MINERALS.

       (a) Findings.--Congress makes the following findings:
       (1) The People's Republic of China is the global leader in 
     mining, refining, and component manufacturing of critical 
     minerals, possessing 60 percent of mine production, 85 
     percent of processing capacity, and 90 percent of permanent 
     magnet production as of 2022.
       (2) In 2022, the United States was more than 50 percent 
     reliant on imports of 12 minerals classified as ``critical'' 
     by the United States Geological Survey, 30 of which sourced 
     from the People's Republic of China.
       (3) On March 26, 2014, the World Trade Organization ruled 
     that the People's Republic of China's export restraints on 
     critical minerals violated its obligations under its protocol 
     of accession to the World Trade Organization, thereby harming 
     United States manufacturers and workers.
       (4) The Chinese Communist Party has threatened to leverage 
     the People's Republic of China's dominant position in the 
     critical minerals market to ``strike back'' at the United 
     States.
       (5) The Quadrilateral Security Dialogue is an effective 
     partnership for reliable multilateral financing, development, 
     and distribution of goods for global consumption, as 
     evidenced by the Quad Vaccine Partnership announced on March 
     12, 2021.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the People's Republic of China's dominant share of the 
     global rare earth mining market is a threat to the economic 
     stability, well being, and competitiveness of key industries 
     in the United States;
       (2) the United States should reduce reliance on the 
     People's Republic of China for rare earth minerals through--
       (A) strategic investments in development projects, 
     production technologies, and refining facilities in the 
     United States; or
       (B) in partnership with strategic allies of the United 
     States that are reliable trading partners, including members 
     of the Quadrilateral Security Dialogue; and
       (3) the United States Trade Representative should initiate 
     multilateral talks among the countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of rare earth minerals.
       (c) Report Required.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the United States Trade 
     Representative, in consultation with the officials specified 
     in paragraph (3), shall submit to the appropriate 
     congressional committees a report on the work of the Trade 
     Representative to address the national security threat posed 
     by the People's Republic of China's control of nearly \2/3\ 
     of the global supply of rare earth minerals.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a description of the extent of the engagement of the 
     United States with the other countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of rare earth minerals during the period 
     beginning on the date of the enactment of this Act and ending 
     on the date of the report; and
       (B) a description of the plans of the President to leverage 
     the partnership of the countries of the Quadrilateral 
     Security Dialogue to produce a more reliable and secure 
     global supply chain of rare earth minerals.
       (3) Officials specified.--The official specified in this 
     paragraph are the following:
       (A) The Secretary of State.
       (B) the Secretary of Commerce.
       (C) The Chief Executive Officer of the United States 
     International Development Finance Corporation.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Finance, the Committee on Foreign 
     Relations, and the Committee on Energy and Natural Resources 
     of the Senate; and
       (B) the Committee on Ways and Means, the Committee on 
     Foreign Affairs, and the Committee on Energy and Commerce of 
     the House of Representatives.
                                 ______
                                 
  SA 398. Mr. LANKFORD 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. ___. FLEXIBILITY FOR TEMPORARY AND TERM APPOINTMENTS.

       (a) Temporary and Term Appointments.--Subchapter I of 
     chapter 31 of title 5, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 3117. Temporary and term appointments

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(2) Temporary appointment.--The term `temporary 
     appointment' means an appointment in the competitive service 
     for a period of not more than 1 year.
       ``(3) Term appointment.--The term `term appointment' means 
     an appointment in the competitive service for a period of 
     more than 1 year and not more than 5 years.
       ``(b) Appointment.--
       ``(1) In general.--The head of an Executive agency may make 
     a temporary appointment or term appointment to a position in 
     the competitive service when the need for the services of an 
     employee in the position is not permanent.
       ``(2) Extension.--Under conditions prescribed by the 
     Director, the head of an Executive agency may--
       ``(A) extend a temporary appointment made under paragraph 
     (1) in increments of not more than 1 year each, up to a 
     maximum of 3 total years of service; and
       ``(B) extend a term appointment made under paragraph (1) in 
     increments determined appropriate by the head of the 
     Executive agency, up to a maximum of 6 total years of 
     service.
       ``(c) Appointments for Critical Hiring Needs.--
       ``(1) In general.--Under conditions prescribed by the 
     Director, the head of an Executive agency may make a 
     noncompetitive temporary appointment, or a noncompetitive 
     term appointment for a period of not more than 18 months, to 
     a position in the competitive service for which a critical 
     hiring need exists, as determined under section 3304, without 
     regard to the requirements of sections 3327 and 3330.
       ``(2) No extensions.--An appointment made under paragraph 
     (1) may not be extended.
       ``(d) Regulations.--
       ``(1) In general.--Subject to paragraph (2), the Director 
     may prescribe regulations to carry out this section.
       ``(2) Application.--Any regulations prescribed by the 
     Director for the administration of this section shall not 
     apply to the Secretary of Defense in the exercise of the 
     authorities granted under section 1105 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 130 Stat. 2447).

[[Page S2578]]

       ``(e) Special Provision Regarding the Department of 
     Defense.--Nothing in this section shall preclude the 
     Secretary of Defense from making temporary and term 
     appointments in the competitive service pursuant to section 
     1105 of the National Defense Authorization Act for Fiscal 
     Year 2017 (Public Law 114-328; 130 Stat. 2447).
       ``(f) Rule of Construction.--Nothing in this section may be 
     construed to affect the authorities granted under section 
     3109.''.
       (b) Conforming Amendment.--The table of sections for 
     subchapter I of chapter 31 of title 5, United States Code, is 
     amended by inserting after the item relating to section 3116 
     the following:

``3117. Temporary and term appointments.''.
                                 ______
                                 
  SA 399. Mr. LANKFORD 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. ___. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PERFORMING 
                   CIVILIAN EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code; and
       (2) the term ``Executive agency'' has the meaning given the 
     term in section 105 of title 5, United States Code.
       (b) Regulations.--Under such regulations as the Director of 
     the Office of Personnel Management shall issue, an Executive 
     agency may noncompetitively appoint, for other than temporary 
     employment, to a position in the competitive service any 
     individual who--
       (1) is certified by the Director as having been a high-
     performing employee in a former position in the competitive 
     service;
       (2) has been separated from the former position described 
     in paragraph (1) for less than 6 years; and
       (3) is qualified for the new position in the competitive 
     service, as determined by the head of the Executive agency 
     making the noncompetitive appointment.
       (c) Limitation on Authority.--An individual may not be 
     appointed to a position under subsection (b) more than once.
       (d) Designation of High-performing Employees.--The Director 
     of the Office of Personnel Management shall, in the 
     regulations issued under subsection (b), set forth the 
     criteria for certifying an individual as a ``high-performing 
     employee'' in a former position, which shall be based on--
       (1) the final performance appraisal of the individual in 
     that former position; and
       (2) a recommendation by the immediate or other supervisor 
     of the individual in that former position.
                                 ______
                                 
  SA 400. Mr. LANKFORD 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. GOLDEN VISA TRANSPARENCY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Select Committee on Intelligence of the Senate;
       (E) the Committee on Homeland Security of the House of 
     Representatives;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Appropriations of the House of 
     Representatives; and
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Covered contribution.--The term ``covered 
     contribution'' means--
       (A) a monetary donation to, investment in, or any other 
     form of direct or indirect capital transfer, including 
     through the purchase or rental of real estate, to--
       (i) the government of a foreign country; or
       (ii) any person, business, or entity in such a foreign 
     country; and
       (B) a donation to, or endowment of, any activity 
     contributing to the public good in such a foreign country.
       (3) Golden visa program.--The term ``golden visa program'' 
     means an immigration, investment, or other program of a 
     foreign country that, in exchange for a covered contribution 
     authorizes the individual making the covered contribution to 
     acquire citizenship in such country or receive any other 
     immigration benefit in the foreign country, including 
     temporary or permanent residence that may serve as the basis 
     for subsequent naturalization.
       (4) Visa waiver program.--The term ``visa waiver program'' 
     means the program authorized under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187).
       (b) Notification Requirement for Visa Waiver Program 
     Participant Countries That Operate Golden Visa Programs.--
       (1) In general.--As a condition of continued participation 
     in the visa waiver program, each foreign country 
     participating in the visa waiver program that operates a 
     golden visa program shall--
       (A) not later than 90 days after the date of the enactment 
     of this Act, provide to the Secretary of Homeland Security a 
     description of the laws, regulations, and policies governing 
     the golden visa program of the country, including, as 
     applicable, such laws, regulations, and policies relating 
     to--
       (i) the physical presence of a golden visa program 
     applicant in the country;
       (ii) residence requirements;
       (iii) covered contribution requirements;
       (iv) security and background check procedures for 
     applicants and intermediaries;
       (v) risk management practices or measures, control systems, 
     and oversight mechanisms;
       (vi) information sharing with other foreign countries 
     regarding application rejections;
       (vii) anti-money laundering measures; and
       (viii) information sharing with the tax residence of an 
     applicant; and
       (B) not later than 90 days after the date of the enactment 
     of this Act, provide notice to the Secretary of Homeland 
     Security and the Secretary of State of the name of each 
     individual to whom the foreign country has ever provided 
     citizenship, residence, or any other immigration benefit 
     through such golden visa program before the date of the first 
     such notice;
       (C) promptly provide notice to the Secretary of Homeland 
     Security and the Secretary of State of the name of each 
     individual to whom the foreign country provides citizenship, 
     residence, or any other immigration benefit through such 
     golden visa program after the date of the first such notice; 
     and
       (D) with respect to each such individual, details 
     regarding--
       (i) any identity assumed by the individual before the 
     individual applied for such golden visa program; and
       (ii) any identity the individual has assumed since 
     receiving such immigration benefit.
       (2) Effect of noncompliance.--The Secretary of Homeland 
     Security shall suspend from participation in the visa waiver 
     program any foreign country described in paragraph (1) that 
     does not comply with such paragraph.
       (3) Procedures to ensure sanctioned individuals are not 
     admitted or paroled into the united states.--The Secretary of 
     Homeland Security and the Secretary of State, in consultation 
     with the Secretary of the Treasury, the Director of the 
     Federal Bureau of Investigation, and the Director of National 
     Intelligence, shall develop procedures to ensure that an 
     individual whose entry into the United States has been 
     prohibited pursuant to sanctions imposed by the United States 
     Government and who has received an immigration benefit 
     through a foreign country's golden visa program is not 
     admitted or paroled into the United States as a national of 
     such foreign country.
       (4) Annual report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and at the beginning of each 
     fiscal year thereafter for the subsequent 3 years, the 
     Secretary of Homeland Security, the Secretary of State, the 
     Secretary of the Treasury, and the Director of National 
     Intelligence shall jointly submit to the appropriate 
     committees of Congress a report that--
       (i) with respect to each visa waiver program participant 
     country that operates a golden visa program, describes the 
     laws, regulations, and policies governing the golden visa 
     program including, as applicable, such laws, regulations, and 
     policies with respect to--

       (I) the physical presence of a golden visa program 
     applicant in the country;
       (II) residence requirements;
       (III) covered contribution requirements;
       (IV) security and background check procedures for 
     applicants and intermediaries;
       (V) risk management practices or measures, control systems, 
     and oversight mechanisms;
       (VI) information sharing with other foreign countries 
     regarding application rejections;
       (VII) anti-money laundering measures; and
       (VIII) information sharing with the tax residence of an 
     applicant;

       (ii) includes the number of individuals whose entry into 
     the United States has been prohibited pursuant to sanctions 
     imposed by the United States Government and who have received 
     an immigration benefit pursuant to a golden visa program of a 
     visa waiver program country, disaggregated by country that 
     granted such benefit;
       (iii) with respect to each such individual, a description 
     of the specific type of sanction to which the individual is 
     subject;
       (iv) describes the procedures developed and implemented 
     pursuant to paragraph (3); and
       (v) includes an intelligence assessment of national 
     security and criminal threats posed by the use of golden visa 
     programs by foreign nationals and by United States citizens.

[[Page S2579]]

       (B) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Modifications to Visa Waiver Program.--Section 217(c) 
     of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is 
     amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(H) Operation of golden visa program.--Not later than 90 
     days after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2024, no country that 
     operates a golden visa program may be designated as a program 
     country unless the country submits, as a condition of its 
     participation, the information described in section 
     1083(b)(1) of such Act.'';
       (2) in paragraph (5)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (ii) by redesignating subclause (V) as subclause (VI); and
       (iii) by inserting after subclause (IV) the following:

       ``(V) shall evaluate whether the program country operates a 
     golden visa program and, as applicable, whether the program 
     country has complied with the requirements of the National 
     Defense Authorization Act for Fiscal Year 2024; and'';

       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) Terminations relating to golden visa programs.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     immediately terminate the designation of a program country if 
     the country--

       ``(I) establishes a golden visa program (or in the case of 
     a program country with an existing golden visa program, 
     modifies the golden visa program or the terms and conditions 
     of the golden visa program) without providing to the 
     Secretary the information described in section 1083(b)(1) of 
     the National Defense Authorization Act for Fiscal Year 2024;
       ``(II) refuses to provide such information; or
       ``(III) provides such information but the information is of 
     insufficient quality, as determined by the Secretary.

       ``(ii) Redesignation.--With respect to a country the 
     designation of which has been terminated under this 
     subparagraph, the Secretary of Homeland Security may 
     redesignate the country as a program country, without regard 
     to subsection (f) or paragraph (2) or (3), if the Secretary 
     of Homeland Security, in consultation with the Secretary of 
     State, determines that--

       ``(I) the country--

       ``(aa) has resumed sharing the information described in 
     section 1083(b)(1) of the National Defense Authorization Act 
     for Fiscal Year 2024; and
       ``(bb) has shared such information that was withheld before 
     the date of termination and such information that has 
     accumulated since that date; and

       ``(II) the quality of such information is sufficient, as 
     determined by the Secretary of Homeland Security.''; and

       (D) in subparagraph (D)(i), as redesignated, by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (C)''; and
       (3) in paragraph (11)(C)--
       (A) in clause (iv), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vi) with respect to a subject country that operates a 
     golden visa program--

       ``(I) an assessment of any threat posed by the golden visa 
     program;
       ``(II) recommendations to mitigate any such threat; and
       ``(III) an assessment of the quality of the subject 
     country's information sharing relating to the golden visa 
     program.''; and

       (4) by adding at the end the following:
       ``(13) Definition of golden visa program.--In this 
     subsection, the term `golden visa program' has the meaning 
     given such term in section 1083(a) of the National Defense 
     Authorization Act for Fiscal Year 2024.''.
                                 ______
                                 
  SA 401. Mr. LANKFORD 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. USE OF SCIENTIFIC INFORMATION IN RULEMAKING.

       Section 553 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) To the extent that an agency makes a decision based 
     on science when issuing a rule under this section, the agency 
     shall use scientific information, technical procedures, 
     measures, methods, protocols, methodologies, or models, 
     employed in a manner consistent with the best available 
     science, and shall consider as applicable--
       ``(1) the extent to which the scientific information, 
     technical procedures, measures, methods, protocols, 
     methodologies, or models employed to generate the information 
     are reasonable for and consistent with the intended use of 
     the information;
       ``(2) the extent to which the information is relevant for 
     use by the head of the agency in making a decision related to 
     issuing the rule;
       ``(3) the degree of clarity and completeness with which the 
     data, assumptions, methods, quality assurance, and analyses 
     employed to generate the information are documented;
       ``(4) the extent to which the variability and uncertainty 
     in the information, or in the procedures, measures, methods, 
     protocols, methodologies, or models, are evaluated and 
     characterized; and
       ``(5) the extent of independent verification or peer review 
     of the information or of the procedures, measures, methods, 
     protocols, methodologies, or models.
       ``(g) An agency shall make a decision described in 
     subsection (f) based on the weight of the scientific 
     evidence.
       ``(h) Each agency shall make available to the public--
       ``(1) all notices, determinations, findings, rules, consent 
     agreements, and orders of the head of the agency in 
     connection with a rule;
       ``(2) a nontechnical summary of each risk evaluation 
     conducted in connection with a rule; and
       ``(3) a list of the studies considered by the agency in 
     carrying out each risk evaluation described in paragraph (2), 
     along with a description of the results of those studies.''.
                                 ______
                                 
  SA 402. Mr. LANKFORD 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 1109 and insert the following:

     SEC. ___. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC 
                   INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND 
                   TEST FACILITIES BASE.

       (a) Extension.--Section 1125(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note 
     prec.; Public Law 114-328) is amended by striking ``2025'' 
     and inserting ``2035''.
       (b) Definition of Defense Industrial Base Facility.--
     Section 1125(c) of the National Defense Authorization Act for 
     Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114-
     328) is amended by inserting ``and includes supporting units 
     of a facility at an installation or base'' after ``United 
     States''.
       (c) Briefing.--Section 1102(b) of the National Defense 
     Authorization Act for Fiscal Year 2018 (Public Law 115-91) is 
     amended by striking ``2025'' and inserting ``2035''.
                                 ______
                                 
  SA 403. Mr. LANKFORD 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. SOCIOECONOMIC LABOR THRESHOLD FOR THE SERVICE 
                   CONTRACT ACT.

       (a) Socioeconomic Labor Threshold.--
       (1) In general.--For purposes of this section, the 
     socioeconomic labor threshold is--
       (A) for the period beginning on the date of enactment of 
     this Act and ending on October 1 following such date of 
     enactment, the amount determined by the Secretary of Labor 
     under paragraph (2)(A); and
       (B) for each 1-year period beginning on October 1 following 
     such date of enactment, the amount determined by the 
     Secretary of Labor under paragraph (2)(B).
       (2) Inflation adjustments.--
       (A) Initial period.--The amount determined under this 
     paragraph for the period described in paragraph (1)(A) shall 
     be $2,500 as--
       (i) increased by the percentage increase in the Consumer 
     Price Index for All Urban Consumers (all items; United States 
     city average), as published by the Bureau of Labor 
     Statistics, comparing--

       (I) such Consumer Price Index for October of 1965; and
       (II) such Consumer Price Index for the most recent month as 
     of the date of enactment of this Act for which such Consumer 
     Price Index is available; and

       (ii) (if applicable), rounded to the nearest multiple of 
     $100.
       (B) Subsequent periods.--
       (i) In general.--The amount determined under this 
     subparagraph for the applicable period described in paragraph 
     (1)(B) shall be the amount in effect on the date of such 
     determination as--

       (I) increased (if applicable) from such amount by the 
     annual percentage increase, if any, in the Consumer Price 
     Index for All Urban Consumers (all items; United States

[[Page S2580]]

     city average), as published by the Bureau of Labor 
     Statistics, from the preceding year as calculated in 
     accordance with clause (ii); and
       (II) (if applicable) rounded to the nearest multiple of 
     $100.

       (ii) Consumer price index.--In making the determination 
     under clause (i) and calculating the percentage increase in 
     the Consumer Price Index for All Urban Consumers under clause 
     (i)(I), the Secretary of Labor shall compare the Consumer 
     Price Index for All Urban Consumers (all items; United States 
     city average), as determined by the Bureau of Labor 
     Statistics, for June of the calendar year in which such 
     determination is made with the Consumer Price Index for All 
     Urban Consumers (all items; United States city average), as 
     determined by the Bureau of Labor Statistics, for June of the 
     preceding calendar year.
       (iii) Rule of construction.--With respect to a 
     determination under clause (i) of the amount in effect under 
     this paragraph for an applicable period under paragraph 
     (1)(B), if there is not an annual percentage increase in the 
     Consumer Price Index for All Urban Consumers (all items; 
     United States city average) from the preceding year as 
     described in clause (i)(I), the amount in effect under this 
     paragraph for such applicable period shall be the amount in 
     effect under paragraph (1) on the date of such determination.
       (b) Amendments to the McNamara-O'Hara Service Contract 
     Act.--
       (1) Definition.--Section 6701 of title 41, United States 
     Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) Socioeconomic labor threshold.--The term 
     `socioeconomic labor threshold' means the socioeconomic labor 
     threshold established under section 1083(a) of the National 
     Defense Authorization Act for Fiscal Year 2024.''.
       (2) Applicability threshold.--Section 6702(a)(2) of title 
     41, United States Code, is amended to read as follows:
       ``(2) involves an amount exceeding--
       ``(A) for contracts and bid specifications made prior to 
     the date of enactment of the National Defense Authorization 
     Act for Fiscal Year 2024, $2,500; and
       ``(B) for contracts and bid specifications made on or after 
     such date of enactment, the socioeconomic labor threshold.''.
                                 ______
                                 
  SA 404. Mr. LANKFORD 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__. INTERAGENCY STRATEGY FOR CREATING A UNIFIED 
                   POSTURE ON COUNTER-UNMANNED AIRCRAFT SYSTEMS 
                   CAPABILITIES AND PROTECTIONS AT INTERNATIONAL 
                   BORDERS OF THE UNITED STATES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting the Border from Unmanned Aircraft Systems Act''
       (b) Definitions.-- In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Appropriations of the Senate;
       (F) the Committee on Foreign Relations of the Senate;
       (G) the Select Committee on Intelligence of the Senate;
       (H) the Committee on Homeland Security of the House of 
     Representatives;
       (I) the Committee on the Judiciary of the House of 
     Representatives;
       (J) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives;
       (L) the Committee on Foreign Affairs of the House of 
     Representatives;
       (M) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (N) the Committee on Armed Services of the House of 
     Representatives; and
       (O) the Committee on Appropriations of the House of 
     Representatives.
       (2) Covered facility or asset.--The term ``covered facility 
     or asset'' has the meaning given such term in section 
     210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
     124n(k)(3)).
       (3) C-UAS.--The term ``C-UAS'' means counter-unmanned 
     aircraft system.
       (4) National airspace system; nas.--The terms ``National 
     Airspace System'' and ``NAS'' have the meaning given such 
     terms in section 245.5 of title 32, Code of Federal 
     Regulations.
       (5) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 44801 of 
     title 49, United States Code.
       (c) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in coordination with the Attorney General, the 
     Administrator of the Federal Aviation Administration, the 
     Secretary of State, the Secretary of Energy, the Director of 
     National Intelligence, and the Secretary of Defense to 
     develop a strategy for creating a unified posture on C-UAS 
     capabilities and protections at--
       (1) covered facilities or assets along international 
     borders of the United States; and
       (2) any other border-adjacent facilities or assets at which 
     such capabilities maybe utilized under Federal law.
       (d) Elements.--The strategy required to be developed under 
     subsection (c) shall include the following elements:
       (1) An examination of C-UAS capabilities at covered 
     facilities or assets along the border, or such other border-
     adjacent facilities or assets at which such capabilities may 
     be utilized under Federal law, and their usage to detect or 
     mitigate credible threats to homeland security, including the 
     facilitation of illicit activities, or for other purposes 
     authorized by law.
       (2) An examination of efforts to protect privacy and civil 
     liberties in the context of C-UAS operations, including with 
     respect to impacts on border communities and protections of 
     the First and Fourth Amendments to the United States 
     Constitution.
       (3) An examination of unmanned aircraft system tactics, 
     techniques, and procedures being used in the border 
     environment by malign actors to include how unmanned aircraft 
     systems are acquired, modified, and utilized to conduct 
     malicious activity such, as attacks, surveillance, conveyance 
     of contraband, or other forms of threats.
       (4) An assessment of the C-UAS systems necessary to 
     identify illicit activity and protect against the threats 
     from unmanned aircraft systems at international borders of 
     the United States, including the availability, feasibility, 
     and interoperatbility of C-UAS.
       (5) An description of the training required or recommended 
     at international borders of the United States, including how 
     such training--
       (A) fits into broader training standards and norms; and
       (B) relates to the protection of privacy and civil 
     liberties.
       (6) Recommendations for additional authorities and 
     resources to protect against illicit unmanned aircraft 
     systems, including systems that may be necessary to detect 
     illicit activity and mitigate credible threats along 
     international borders of the United States.
       (7) An assessment of interagency research and development 
     efforts, including the potential for expanding such efforts.
       (e) Submission to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security, in coordination with the Attorney General, 
     the Administrator of the Federal Aviation Administration, the 
     Secretary of State, Secretary of Energy, the Director of 
     National Intelligence, and the Secretary of Defense, shall 
     submit the strategy developed pursuant to subsection (c) to 
     the appropriate congressional committees.
       (f) Reports to Congress.--
       (1) Annual report.--Not later than 2 years after the date 
     of the enactment of this Act, and annually thereafter for the 
     following 7 years, the Secretary of Homeland Security, in 
     coordination with the Attorney General, the Administrator of 
     the Federal Aviation Administration, the Secretary of State, 
     Secretary of Energy, the Director of National Intelligence, 
     and the Secretary of Defense, shall submit a report to the 
     appropriate congressional committees that describes--
       (A) the resources necessary to carry out the strategy 
     developed pursuant to subsection (c); and
       (B) any significant developments relating to the elements 
     described in subsection (d).
       (2) Congressional briefings.--Beginning not later than 1 
     year after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall include the elements 
     regarding C-UAS described in paragraph (1) in the semiannual 
     briefings to the appropriate congressional committees 
     required under section 210G(g) of the Homeland Security Act 
     of 2002 (6 U.S.C. 124n(g)).
                                 ______
                                 
  SA 405. Mr. LANKFORD 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. ___. MILITARY SPOUSE EMPLOYMENT.

       (a) In General.--Section 3330d of title 5, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by inserting after paragraph (2) the following:
       ``(3) The term `remote work' refers to a particular type of 
     telework under which an

[[Page S2581]]

     employee is not expected to report to an officially 
     established agency location on a regular and recurring 
     basis.''; and
       (C) by adding at the end the following:
       ``(5) The term `telework' has the meaning given the term in 
     section 6501.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(3) a spouse of a member of the Armed Forces on active 
     duty, or a spouse of a disabled or deceased member of the 
     Armed Forces, to a position in which the spouse will engage 
     in remote work.''; and
       (3) in subsection (c)(1), by striking ``subsection (a)(3)'' 
     and inserting ``subsection (a)(4)''.
       (b) GAO Study and Report.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' means an agency described in 
     paragraph (1) or (2) of section 901(b) of title 31, United 
     States Code;
       (B) the term ``employee'' means an employee of an agency;
       (C) the term ``remote work'' means a particular type of 
     telework under which an employee is not expected to report to 
     an officially established agency location on a regular and 
     recurring basis; and
       (D) the term ``telework'' means a work flexibility 
     arrangement under which an employee performs the duties and 
     responsibilities of such employee's position, and other 
     authorized activities, from an approved worksite other than 
     the location from which the employee would otherwise work.
       (2) Requirement.--Not later than 18 months after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and publish a report 
     regarding the use of remote work by agencies, which shall 
     include a discussion of what is known regarding--
       (A) the number of employees who are engaging in remote 
     work;
       (B) the role of remote work in agency recruitment and 
     retention efforts;
       (C) the geographic location of employees who engage in 
     remote work;
       (D) the effect that remote work has had on how often 
     employees are reporting to officially established agency 
     locations to perform the duties and responsibilities of the 
     positions of those employees and other authorized activities; 
     and
       (E) how the use of remote work has affected Federal office 
     space utilization and spending.
                                 ______
                                 
  SA 406. Mr. LANKFORD 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__. PORT MAINTENANCE.

       (a) In General.--Section 411(o) of the Homeland Security 
     Act of 2002 (6 U.S.C. 211(o)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Port maintenance.--
       ``(A) Procedures.--
       ``(i) In general.--Subject to subparagraphs (B) and (C), 
     the Commissioner, in consultation with the Administrator of 
     the General Services Administration--

       ``(I) shall establish procedures by which U.S. Customs and 
     Border Protection may conduct maintenance and repair projects 
     costing not more than $300,000 at any Federal Government-
     owned port of entry where the Office of Field Operations 
     performs any of the activities described in subparagraphs (A) 
     through (G) of subsection (g)(3); and
       ``(II) is authorized to perform such maintenance and repair 
     projects, subject to the procedures described in clause (ii).

       ``(ii) Procedures described.--The procedures established 
     pursuant to clause (i) shall include--

       ``(I) a description of the types of projects that may be 
     carried out pursuant to clause (i); and
       ``(II) the procedures for identifying and addressing any 
     impacts on other tenants of facilities where such projects 
     will be carried out.

       ``(iii) Publication of procedures.--All of the procedures 
     established pursuant to clause (i) shall be published in the 
     Federal Register.
       ``(iv) Rule of construction.--The publication of procedures 
     under clause (iii) shall not impact the authority of the 
     Commissioner to update such procedures, in consultation with 
     the Administrator, as appropriate.
       ``(B) Limitation.--The authority under subparagraph (A) 
     shall only be available for maintenance and repair projects 
     involving existing infrastructure, property, and capital at 
     any port of entry described in subparagraph (A).
       ``(C) Annual adjustments.--The Commissioner shall annually 
     adjust the amount described in subparagraph (A) by the 
     percentage (if any) by which the Consumer Price Index for All 
     Urban Consumers for the month of June preceding the date on 
     which such adjustment takes effect exceeds the Consumer Price 
     Index for All Urban Consumers for the same month of the 
     preceding calendar year.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to affect the availability of funding from--
       ``(i) the Federal Buildings Fund established under section 
     592 of title 40, United States Code;
       ``(ii) the Donation Acceptance Program established under 
     section 482; or
       ``(iii) any other statutory authority or appropriation for 
     projects described in subparagraph (A).''.
       (b) Reporting.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Appropriations of the House of Representatives that 
     includes the elements described in paragraph (2).
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a summary of all maintenance projects conducted 
     pursuant to section 411(o)(3) of the Homeland Security Act of 
     2002, as added by subsection (a) during the prior fiscal 
     year;
       (B) the cost of each project referred to in subparagraph 
     (A);
       (C) the account that funded each such project, if 
     applicable; and
       (D) any budgetary transfers, if applicable, that funded 
     each such project.
       (c) Technical Amendment.--Section 422(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 232(a)) is amended by 
     inserting ``section 411(o)(3) of this Act and'' after 
     ``Administrator under''.
                                 ______
                                 
  SA 407. Mr. LANKFORD 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. ___. SOIL ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Security and Oversight for International Landholdings Act 
     of 2023'' or the ``SOIL Act of 2023''.
       (b) Prohibition on Use of Funds for Certain Agricultural 
     Real Estate Holdings.--No assistance, including subsidies, 
     may be provided by any Federal agency to a person for an 
     agricultural real estate holding wholly or partly owned by a 
     person that is a national of, or is organized under the laws 
     or otherwise subject to the jurisdiction of, a country--
       (1) designated as a nonmarket economy country pursuant to 
     section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18)); or
       (2) identified as a country that poses as risk to the 
     national security of the United States in the most recent 
     annual report on worldwide threats issued by the Director of 
     National Intelligence pursuant to section 108B of the 
     National Security Act of 1947 (50 U.S.C. 3043b)(commonly 
     known as the ``Annual Threat Assessment'').
       (c) Disclosure Requirements for Foreign Agricultural Real 
     Estate Holdings.--
       (1) Reporting requirements.--Section 2(a) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3501(a)) is amended--
       (A) in the first sentence of the matter preceding paragraph 
     (1)--
       (i) by inserting ``, or enters into a leasing agreement the 
     period of which is longer than 5 years with respect to 
     agricultural land,'' after ``agricultural land''; and
       (ii) by striking ``acquisition or transfer'' and inserting 
     ``acquisition, transfer, or lease''; and
       (B) in paragraph (4), by striking ``acquired or 
     transferred'' and inserting ``acquired, transferred, or 
     leased''.
       (2) Revocation of minimum acreage requirement.--Section 
     9(1) of the Agricultural Foreign Investment Disclosure Act of 
     1978 (7 U.S.C. 3508(1)) is amended by inserting ``, subject 
     to the condition that the Secretary may not exclude land from 
     this definition based on the acreage of the land'' before the 
     semicolon at the end.
       (d) Reports of Holdings of Agricultural Land in the United 
     States by Foreign Persons.--Section 6 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3505) is 
     amended--
       (1) by striking the section designation and heading and all 
     that follows through ``Not later than'' and inserting the 
     following:

     ``SEC. 6. REPORTS.

       ``(a) Transmission of Reports to States.--Not later than''; 
     and
       (2) by adding at the end the following:
       ``(b) Annual Report.--
       ``(1) In general.--Annually, the Secretary shall prepare 
     and make publicly available a report describing holdings of 
     agricultural land by foreign persons, as determined by 
     reports submitted under section 2, including--
       ``(A) an analysis of the countries with the most extensive 
     agricultural land holdings on

[[Page S2582]]

     a State-by-State and county-by-county basis;
       ``(B) data and an analysis of agricultural land holdings in 
     each county in the United States by a foreign person from--
       ``(i) the People's Republic of China;
       ``(ii) the Russian Federation; or
       ``(iii) any other country that the Secretary determines to 
     be appropriate;
       ``(C) an analysis of the sectors and industries for which 
     the agricultural land holdings are used; and
       ``(D) in consultation with the Director of the United 
     States Geological Survey, an identification of countries that 
     own or lease water rights and mineral deposits on a State-by-
     State and county-by-county basis.
       ``(2) Transmission to states.--The Secretary shall transmit 
     the report prepared under paragraph (1) to each State 
     department of agriculture or appropriate State agency 
     described in subsection (a) in conjunction with the 
     applicable reports transmitted under that subsection.''.
                                 ______
                                 
  SA 408. Mr. LANKFORD 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. ___. SOIL ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Security and Oversight for International Landholdings Act 
     of 2023'' or the ``SOIL Act of 2023''.
       (b) Review by Committee on Foreign Investment in the United 
     States of Certain Agricultural Real Estate Transactions.--
     Section 721(a)(4) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) any transaction described in clause (vi) or (vii) 
     of subparagraph (B) proposed or pending on or after the date 
     of the enactment of this clause.''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any acquisition or transfer of an interest, other 
     than a security, in agricultural land held by a person that 
     is a national of, or is organized under the laws or otherwise 
     subject to the jurisdiction of, a country--

       ``(I) designated as a nonmarket economy country pursuant to 
     section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18)); or
       ``(II) identified as a country that poses as risk to the 
     national security of the United States in the most recent 
     annual report on worldwide threats issued by the Director of 
     National Intelligence pursuant to section 108B of the 
     National Security Act of 1947 (50 U.S.C. 3043b)(commonly 
     known as the `Annual Threat Assessment').''.

       (c) Review by Committee on Foreign Investment in the United 
     States of Real Estate Transactions Near Military 
     Installations.--Section 721(a)(4)(B) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)), as amended 
     by subsection (b), is amended by adding at the end the 
     following:
       ``(vii) Any acquisition or transfer of an interest, other 
     than a security, in any form of real estate that is located 
     not more than 50 miles from a military installation (as that 
     term is defined in section 2801(c)(4) of title 10, United 
     States Code) other than residential property held by a person 
     that is a national of, or is organized under the laws or 
     otherwise subject to the jurisdiction of, a country--

       ``(I) designated as a nonmarket economy country pursuant to 
     section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
     1677(18)); or
       ``(II) identified as a country that poses as risk to the 
     national security of the United States in the most recent 
     annual report on worldwide threats issued by the Director of 
     National Intelligence pursuant to section 108B of the 
     National Security Act of 1947 (50 U.S.C. 3043b)(commonly 
     known as the `Annual Threat Assessment').''.

       (d) Expansion of Membership in Committee on Foreign 
     Investment in the United States.--Section 721(k)(6) of the 
     Defense Production Act of 1950 (50 U.S.C. 4565(k)(6)) is 
     amended to read a follows:
       ``(6) Other members.--The chairperson shall include the 
     heads of relevant departments, agencies, and offices (or the 
     designee of any such head) in any review or investigation 
     under subsection (a), on the basis of the facts and 
     circumstances of the covered transaction under review or 
     investigation.''.
                                 ______
                                 
  SA 409. Ms. ROSEN (for herself and Mr. Cornyn) 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. __. FEDERAL DATA CENTER ENHANCEMENT.

       (a) Findings.--Congress finds the following:
       (1) The statutory authorization for the Federal Data Center 
     Optimization Initiative under section 834 of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) expires at the end of fiscal year 2022.
       (2) The expiration of the authorization described in 
     paragraph (1) presents Congress with an opportunity to review 
     the objectives of the Federal Data Center Optimization 
     Initiative to ensure that the initiative is meeting the 
     current needs of the Federal Government.
       (3) The initial focus of the Federal Data Center 
     Optimization Initiative, which was to consolidate data 
     centers and create new efficiencies, has resulted in, since 
     2010--
       (A) the consolidation of more than 6,000 Federal data 
     centers; and
       (B) cost savings and avoidance of $5,800,000,000.
       (4) The need of the Federal Government for access to data 
     and data processing systems has evolved since the date of 
     enactment in 2014 of subtitle D of title VIII of the Carl 
     Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015.
       (5) Federal agencies and employees involved in mission 
     critical functions increasingly need reliable access to 
     secure, reliable, sustainable, and protected facilities to 
     house mission critical data and data operations to meet the 
     immediate needs of the people of the United States.
       (6) As of the date of enactment of this Act, there is a 
     growing need for Federal agencies to use data centers and 
     cloud applications that meet high standards for 
     cybersecurity, resiliency, availability, and sustainability.
       (b) Minimum Requirements for New Data Centers.--Section 834 
     of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 
     3601 note; Public Law 113-291) is amended--
       (1) in subsection (a), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) New data center.--The term `new data center' means--
       ``(A)(i) a data center or a portion thereof that is owned, 
     operated, or maintained by a covered agency; or
       ``(ii) to the extent practicable, a data center or portion 
     thereof--
       ``(I) that is owned, operated, or maintained by a 
     contractor on behalf of a covered agency on the date on which 
     the contract between the covered agency and the contractor 
     expires; and
       ``(II) with respect to which the covered agency extends the 
     contract, or enters into a new contract, with the contractor; 
     and
       ``(B) on or after the date that is 180 days after the date 
     of enactment of this paragraph, a data center or portion 
     thereof that is--
       ``(i) established; or
       ``(ii) substantially upgraded or expanded.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Minimum Requirements for New Data Centers.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     establish minimum requirements for new data centers in 
     consultation with the Administrator of General Services and 
     the Federal Chief Information Officers Council.
       ``(2) Contents.--
       ``(A) In general.--The minimum requirements established 
     under paragraph (1) shall include requirements relating to--
       ``(i) the availability of new data centers;
       ``(ii) the use of new data centers;
       ``(iii) the use of sustainable energy sources;
       ``(iv) uptime percentage;
       ``(v) protections against power failures, including on-site 
     energy generation and access to multiple transmission paths;
       ``(vi) protections against physical intrusions and natural 
     disasters;
       ``(vii) information security protections required by 
     subchapter II of chapter 35 of title 44, United States Code, 
     and other applicable law and policy; and
       ``(viii) any other requirements the Administrator 
     determines appropriate.
       ``(B) Consultation.--In establishing the requirements 
     described in subparagraph (A)(vii), the Administrator shall 
     consult with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director.
       ``(3) Incorporation of minimum requirements into current 
     data centers.--As soon as practicable, and in any case not 
     later than 90 days after the Administrator establishes the 
     minimum requirements pursuant to paragraph (1), the 
     Administrator shall issue guidance to ensure, as appropriate, 
     that covered agencies incorporate the minimum requirements 
     established under that paragraph into the operations of any 
     data center of a covered agency existing as of the date of 
     enactment of this subsection.
       ``(4) Review of requirements.--The Administrator, in 
     consultation with the Administrator of General Services and 
     the Federal

[[Page S2583]]

     Chief Information Officers Council, shall review, update, and 
     modify the minimum requirements established under paragraph 
     (1), as necessary.
       ``(5) Report on new data centers.--During the development 
     and planning lifecycle of a new data center, if the head of a 
     covered agency determines that the covered agency is likely 
     to make a management or financial decision relating to any 
     data center, the head of the covered agency shall--
       ``(A) notify--
       ``(i) the Administrator;
       ``(ii) Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(iii) Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(B) describe in the notification with sufficient detail 
     how the covered agency intends to comply with the minimum 
     requirements established under paragraph (1).
       ``(6) Use of technology.--In determining whether to 
     establish or continue to operate an existing data center, the 
     head of a covered agency shall--
       ``(A) regularly assess the application portfolio of the 
     covered agency and ensure that each at-risk legacy 
     application is updated, replaced, or modernized, as 
     appropriate, to take advantage of modern technologies; and
       ``(B) prioritize and, to the greatest extent possible, 
     leverage commercial cloud environments rather than acquiring, 
     overseeing, or managing custom data center infrastructure.
       ``(7) Public website.--
       ``(A) In general.--The Administrator shall maintain a 
     public-facing website that includes information, data, and 
     explanatory statements relating to the compliance of covered 
     agencies with the requirements of this section.
       ``(B) Processes and procedures.--In maintaining the website 
     described in subparagraph (A), the Administrator shall--
       ``(i) ensure covered agencies regularly, and not less 
     frequently than biannually, update the information, data, and 
     explanatory statements posed on the website, pursuant to 
     guidance issued by the Administrator, relating to any new 
     data centers and, as appropriate, each existing data center 
     of the covered agency; and
       ``(ii) ensure that all information, data, and explanatory 
     statements on the website are maintained as open Government 
     data assets.''; and
       (3) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The head of a covered agency shall 
     oversee and manage the data center portfolio and the 
     information technology strategy of the covered agency in 
     accordance with Federal cybersecurity guidelines and 
     directives, including--
       ``(A) information security standards and guidelines 
     promulgated by the Director of the National Institute of 
     Standards and Technology;
       ``(B) applicable requirements and guidance issued by the 
     Director of the Office of Management and Budget pursuant to 
     section 3614 of title 44, United States Code; and
       ``(C) directives issued by the Secretary of Homeland 
     Security under section 3553 of title 44, United States 
     Code.''.
       (c) Extension of Sunset.--Section 834(e) of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) is amended by striking ``2022'' and inserting 
     ``2026''.
       (d) GAO Review.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall review, 
     verify, and audit the compliance of covered agencies with the 
     minimum requirements established pursuant to section 
     834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon 
     National Defense Authorization Act for Fiscal Year 2015 (44 
     U.S.C. 3601 note; Public Law 113-291) for new data centers 
     and subsection (b)(3) of that Act for existing data centers, 
     as appropriate.
                                 ______
                                 
  SA 410. 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 in title I, insert the following:

     SEC. __. FIELDING PLAN AND ACQUISITION STRATEGY FOR THE 
                   COMBAT RESCUE HELICOPTER.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Air Force shall--
       (1) reevaluate the fielding plan for the combat rescue 
     helicopter; and
       (2) submit to the congressional defense committees an 
     acquisition strategy and fielding plan for the helicopter 
     that align with the stated capability and capacity 
     requirements of the Department of the Air Force to meet the 
     Arctic strategy of the Department.
                                 ______
                                 
  SA 411. 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 in title VI, insert the following:

     SEC. 6__. EXTENSION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE 
                   ARMED FORCES ASSIGNED TO ALASKA.

       Section 603(b)(5)(B) of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263; 136 Stat. 2621) is amended by striking ``December 
     31, 2023'' and inserting ``June 30, 2024''.
                                 ______
                                 
  SA 412. 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 in title X, insert the following:

     SEC. __. DISINTERMENT OF REMAINS OF MICHAEL ALAN SILKA FROM 
                   SITKA NATIONAL CEMETERY, ALASKA.

       (a) Disinterment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall disinter the remains of Michael Alan Silka from 
     Sitka National Cemetery, Alaska.
       (b) Notification.--The Secretary of Veterans Affairs may 
     not carry out subsection (a) until after notifying the next 
     of kin of Michael Alan Silka.
       (c) Disposition.--After carrying out subsection (a), the 
     Secretary of Veterans Affairs shall--
       (1) relinquish the remains to the next of kin described in 
     subsection (b); or
       (2) if no such next of kin responds to the notification 
     under subsection (b), arrange for disposition of the remains 
     as the Secretary determines appropriate.
                                 ______
                                 
  SA 413. Ms. MURKOWSKI (for herself and 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 subtitle G of title X, insert 
     the following:

     SEC. __. HHS PROGRAM ON FETAL ALCOHOL SPECTRUM DISORDERS.

       (a) In General.--Part O of title III of the Public Health 
     Service Act (42 U.S.C. 280f et seq.) is amended--
       (1) by amending the part heading to read as follows: 
     ``fetal alcohol spectrum disorders prevention and services 
     program'';
       (2) in section 399H (42 U.S.C. 280f)--
       (A) in the section heading, by striking ``establishment of 
     fetal alcohol syndrome prevention'' and inserting ``fetal 
     alcohol spectrum disorders prevention, intervention,'';
       (B) by striking ``Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect'' each place it appears and inserting ``FASD'';
       (C) in subsection (a)--
       (i) by amending the heading to read as follows: ``In 
     General'';
       (ii) in the matter preceding paragraph (1)--

       (I) by inserting ``or continue activities to support'' 
     after ``shall establish'';
       (II) by striking ``FASD'' (as amended by subparagraph (B)) 
     and inserting ``fetal alcohol spectrum disorders (referred to 
     in this section as `FASD')'';
       (III) by striking ``prevention, intervention'' and 
     inserting ``awareness, prevention, identification, 
     intervention,''; and
       (IV) by striking ``that shall'' and inserting ``, which 
     may'';

       (iii) in paragraph (1)--

       (I) in subparagraph (A)--

       (aa) by striking ``medical schools'' and inserting ``health 
     professions schools''; and
       (bb) by inserting ``infants,'' after ``provision of 
     services for''; and

       (II) in subparagraph (D), by striking ``medical and 
     mental'' and inserting ``agencies providing'';

       (iv) in paragraph (2)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``a prevention and diagnosis program to support clinical 
     studies, demonstrations and other research as appropriate'' 
     and inserting ``supporting and conducting research on FASD, 
     as appropriate, including'';
       (II) in subparagraph (B)--

       (aa) by striking ``prevention services and interventions 
     for pregnant, alcohol-dependent women'' and inserting 
     ``culturally and linguistically informed evidence-based or 
     practice-based interventions and appropriate societal 
     supports for preventing prenatal alcohol exposure, which may 
     co-occur with exposure to other substances''; and
       (bb) by striking ``; and'' and inserting a semicolon;
       (v) by striking paragraph (3) and inserting the following:

[[Page S2584]]

       ``(3) integrating into surveillance practice an evidence-
     based standard case definition for fetal alcohol syndrome 
     and, in collaboration with other Federal and outside 
     partners, support organizations of appropriate medical and 
     mental health professionals in their development and 
     refinement of evidence-based clinical diagnostic guidelines 
     and criteria for all fetal alcohol spectrum disorders; and
       ``(4) building State and Tribal capacity for the 
     identification, treatment, and support of individuals with 
     FASD and their families, which may include--
       ``(A) utilizing and adapting existing Federal, State, or 
     Tribal programs to include FASD identification and FASD-
     informed support;
       ``(B) developing and expanding screening and diagnostic 
     capacity for FASD;
       ``(C) developing, implementing, and evaluating targeted 
     FASD-informed intervention programs for FASD;
       ``(D) increasing awareness of FASD;
       ``(E) providing training with respect to FASD for 
     professionals across relevant sectors; and
       ``(F) disseminating information about FASD and support 
     services to affected individuals and their families.'';
       (D) in subsection (b)--
       (i) by striking ``described in section 399I'';
       (ii) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (iii) by adding at the end the following:
       ``(2) Eligible entities.--To be eligible to receive a 
     grant, or enter into a cooperative agreement or contract, 
     under this section, an entity shall--
       ``(A) be a State, Indian Tribe or Tribal organization, 
     local government, scientific or academic institution, or 
     nonprofit organization; and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including a description of the 
     activities that the entity intends to carry out using amounts 
     received under this section.
       ``(3) Additional application contents.--The Secretary may 
     require that an entity using amounts from a grant, 
     cooperative agreement, or contract under this section for an 
     activity under subsection (a)(4) include in the application 
     for such amounts submitted under paragraph (2)(B)--
       ``(A) a designation of an individual to serve as a FASD 
     State or Tribal coordinator of such activity; and
       ``(B) a description of an advisory committee the entity 
     will establish to provide guidance for the entity on 
     developing and implementing a statewide or Tribal strategic 
     plan to prevent FASD and provide for the identification, 
     treatment, and support of individuals with FASD and their 
     families.''; and
       (E) by striking subsections (c) and (d); and
       (F) by adding at the end the following:
       ``(c) Definition of FASD-informed.--For purposes of this 
     section, the term `FASD-informed', with respect to support or 
     an intervention program, means that such support or 
     intervention program uses culturally and linguistically 
     informed evidence-based or practice-based interventions and 
     appropriate societal supports to support an improved quality 
     of life for an individual with FASD and the family of such 
     individual.''; and
       (3) by striking sections 399I, 399J, and 399K (42 U.S.C. 
     280f-1, 280f-2, 280f-3) and inserting the following:

     ``SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CENTERS FOR 
                   EXCELLENCE.

       ``(a) In General.--The Secretary shall, as appropriate, 
     award grants, cooperative agreements, or contracts to public 
     or nonprofit entities with demonstrated expertise in the 
     prevention of, identification of, and intervention services 
     with respect to, fetal alcohol spectrum disorders (referred 
     to in this section as `FASD') and other related adverse 
     conditions. Such awards shall be for the purposes of 
     establishing Fetal Alcohol Spectrum Disorders Centers for 
     Excellence to build local, Tribal, State, and national 
     capacities to prevent the occurrence of FASD and other 
     related adverse conditions, and to respond to the needs of 
     individuals with FASD and their families by carrying out the 
     programs described in subsection (b).
       ``(b) Programs.--An entity receiving an award under 
     subsection (a) may use such award for the following purposes:
       ``(1) Initiating or expanding diagnostic capacity for FASD 
     by increasing screening, assessment, identification, and 
     diagnosis.
       ``(2) Developing and supporting public awareness and 
     outreach activities, including the use of a range of media 
     and public outreach, to raise public awareness of the risks 
     associated with alcohol consumption during pregnancy, with 
     the goals of reducing the prevalence of FASD and improving 
     the developmental, health (including mental health), and 
     educational outcomes of individuals with FASD and supporting 
     families caring for individuals with FASD.
       ``(3) Acting as a clearinghouse for evidence-based 
     resources on FASD prevention, identification, and culturally 
     and linguistically informed best practices, including the 
     maintenance of a national data-based directory on FASD-
     specific services in States, Indian Tribes, and local 
     communities, and disseminating ongoing research and 
     developing resources on FASD to help inform systems of care 
     for individuals with FASD across their lifespan.
       ``(4) Increasing awareness and understanding of 
     efficacious, evidence-based FASD screening tools and 
     culturally- and linguistically-appropriate evidence-based 
     intervention services and best practices, which may include 
     by conducting national, regional, State, Tribal, or peer 
     cross-State webinars, workshops, or conferences for training 
     community leaders, medical and mental health and substance 
     use disorder professionals, education and disability 
     professionals, families, law enforcement personnel, judges, 
     individuals working in financial assistance programs, social 
     service personnel, child welfare professionals, and other 
     service providers.
       ``(5) Improving capacity for State, Tribal, and local 
     affiliates dedicated to FASD awareness, prevention, and 
     identification and family and individual support programs and 
     services.
       ``(6) Providing technical assistance to recipients of 
     grants, cooperative agreements, or contracts under section 
     399H, as appropriate.
       ``(7) Carrying out other functions, as appropriate.
       ``(c) Application.--To be eligible for a grant, contract, 
     or cooperative agreement under this section, an entity shall 
     submit to the Secretary an application at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(d) Subcontracting.--A public or private nonprofit entity 
     may carry out the following activities required under this 
     section through contracts or cooperative agreements with 
     other public and private nonprofit entities with demonstrated 
     expertise in FASD:
       ``(1) Prevention activities.
       ``(2) Screening and identification.
       ``(3) Resource development and dissemination, training and 
     technical assistance, administration, and support of FASD 
     partner networks.
       ``(4) Intervention services.

     ``SEC. 399J. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2024 through 2028.''.
       (b) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report on the 
     efforts of the Department of Health and Human Services to 
     advance public awareness on, and facilitate the 
     identification of best practices related to, fetal alcohol 
     spectrum disorders identification, prevention, treatment, and 
     support.
                                 ______
                                 
  SA 414. 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 in title X, insert the following:

     SEC. 10__. TREATMENT OF RELOCATION OF MEMBERS OF THE ARMED 
                   FORCES FOR ACTIVE DUTY OR ACTIVE SERVICE FOR 
                   PURPOSES OF MORTGAGE REFINANCING.

       (a) In General.--Title III of the Servicemembers Civil 
     Relief Act is amended by inserting after section 303 (50 
     U.S.C. App. 533) the following new section:

     ``SEC. 303A. TREATMENT OF RELOCATION OF SERVICEMEMBERS FOR 
                   ACTIVE DUTY OR ACTIVE SERVICE FOR PURPOSES OF 
                   MORTGAGE REFINANCING.

       ``(a) Definitions.--In this section:
       ``(1) Covered refinancing mortgage.--The term `covered 
     refinancing mortgage' means any federally backed mortgage 
     that--
       ``(A) is made for the purpose of paying or prepaying, and 
     extinguishing, the outstanding obligations under an existing 
     mortgage or mortgages; and
       ``(B) is secured by the same residence that secured such 
     existing mortgage or mortgages described in subparagraph (A).
       ``(2) Existing mortgage.--The term `existing mortgage' 
     means a federally backed mortgage that is secured by a 1- to 
     4-family residence, including a condominium or a share in a 
     cooperative ownership housing association, that was the 
     principal residence of a servicemember for a period that--
       ``(A) had a duration of 13 consecutive months or longer; 
     and
       ``(B) ended upon the relocation of the servicemember caused 
     by the servicemember receiving military orders for a 
     permanent change of station or to deploy with a military 
     unit, or as an individual in support of a military operation, 
     for a period of not less than 18 months that did not allow 
     the servicemember to continue to occupy such residence as a 
     principal residence.
       ``(3) Federally backed mortgage.--The term `federally 
     backed mortgage' has the meaning given the term `Federally 
     backed mortgage loan' in section 4022 of the CARES Act (15 
     U.S.C. 9056).
       ``(b) Treatment of Absence From Residence Due to Active 
     Duty or Active Service.--While a servicemember who is the 
     mortgagor under an existing mortgage does not reside in the 
     residence that secures the

[[Page S2585]]

     existing mortgage because of a relocation described in 
     subsection (a)(2)(B), if the servicemember inquires about or 
     applies for a covered refinancing mortgage, the servicemember 
     shall be considered, for all purposes relating to the covered 
     refinancing mortgage (including such inquiry or application 
     and eligibility for, and compliance with, any underwriting 
     criteria and standards regarding such covered refinancing 
     mortgage) to occupy the residence that secures the existing 
     mortgage to be paid or prepaid by such covered refinancing 
     mortgage as the principal residence of the servicemember 
     during the period of such relocation.
       ``(c) Limitation.--Subsection (b) shall not apply with 
     respect to a servicemember who inquires about or applies for 
     a covered refinancing mortgage if, during the 5-year period 
     preceding the date of such inquiry or application, the 
     servicemember entered into a covered refinancing mortgage 
     pursuant to this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 303 the following new item:

``303A. Treatment of relocation of servicemembers for active duty or 
              active service for purposes of mortgage refinancing.''.
                                 ______
                                 
  SA 415. 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 in title XVI, insert the 
     following:

     SEC. 16__. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE 
                   DATA AND ESTABLISHMENT OF CHIEF DIGITAL AND 
                   ARTIFICIAL INTELLIGENCE OFFICER GOVERNING 
                   COUNCIL.

       (a) Control and Management of Department of Defense Data.--
     The Chief Digital and Artificial Intelligence Officer of the 
     Department of Defense shall maintain the authority, but not 
     the requirement, to access and control, on behalf of the 
     Secretary of Defense, of all data collected, acquired, 
     accessed, or utilized by Department of Defense components 
     consistent with section 1513 of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263; 10 U.S.C. 4001 note).
       (b) Chief Digital and Artificial Intelligence Officer 
     Governing Council.--Paragraph (3) of section 238(d) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) is 
     amended to read as follows:
       ``(3) Chief digital and artificial intelligence officer 
     governing council.--
       ``(A) Establishment.--(i) The Secretary shall establish a 
     council to provide policy oversight and enforcement to ensure 
     the responsible, coordinated, and ethical employment of data 
     and artificial intelligence capabilities.
       ``(ii) The council established pursuant to clause (i) shall 
     be known as the `Chief Digital and Artificial Intelligence 
     Officer Governing Council' (in this paragraph the `Council').
       ``(B) Membership.--The Council shall be composed of the 
     following:
       ``(i) Joint Staff J-6.
       ``(ii) The Under Secretary of Defense for Acquisition and 
     Sustainment.
       ``(iii) The Under Secretary of Defense for Research and 
     Evaluation.
       ``(iv) The Under Secretary of Defense for Intelligence and 
     Security.
       ``(v) The Under Secretary of Defense for Policy.
       ``(vi) The Director of Cost Analysis and Program 
     Evaluation.
       ``(vii) The Chief Information Officer of the Department.
       ``(viii) The Director of Administration and Management.
       ``(ix) The service acquisition executives of each of the 
     military departments.
       ``(C) Head of council.--The Council shall be headed by the 
     Chief Digital and Artificial Intelligence Officer of the 
     Department.
       ``(D) Meetings.--The Council shall meet not less frequently 
     than twice each fiscal year.
       ``(E) Duties of council.--The duties of the Council are as 
     follows:
       ``(i) To streamline the organizational structure of the 
     Department as it relates to artificial intelligence 
     development, implementation, and oversight.
       ``(ii) To improve coordination on artificial intelligence 
     governance with the defense industry sector.
       ``(iii) To establish and oversee an artificial intelligence 
     common rule across the Department that sets ethical 
     requirements and protections for usage of artificial 
     intelligence supported by Department funding and reduces or 
     mitigates instances of bias in artificial intelligence 
     algorithms.
       ``(iv) To establish and oversee appropriate control 
     mechanisms for operational usage of artificial intelligence.
       ``(v) To create data rights protection mechanisms to 
     support intellectual property created and maintained 
     commercially or by the Federal Government, as well as for 
     instances in which such intellectual property may be used in 
     a mixed operational environment.
       ``(vi) To review, as the head of the Council considers 
     necessary, artificial intelligence program funding to ensure 
     that any Department investment in an artificial intelligence 
     tool, system, or algorithm adheres to all established policy 
     related to artificial intelligence.
       ``(vii) To provide current status updates on the efforts of 
     the Department to develop and implement artificial 
     intelligence into Federal Government programs and processes.
       ``(viii) To provide guidance on access and distribution 
     restrictions relating to data, models, tool sets, or testing 
     or validation infrastructure.
       ``(ix) to implement and oversee a data and artificial 
     intelligence educational program for the purpose of 
     familiarizing the Department at all levels on the 
     applications of artificial intelligence in their operations.
       ``(x) To implement and oversee a data decree scorecard.
       ``(xi) Such other duties as the Council determines 
     appropriate.
       ``(F) Periodic reports.--Not later than 180 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2024 and not less frequently than once 
     every 18 months thereafter, the Council shall submit to the 
     Secretary and the congressional defense committees a report 
     on the activities of the Council during the period covered by 
     the report.''.
                                 ______
                                 
  SA 416. Ms. KLOBUCHAR (for herself and Mr. Rounds) 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__. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS 
                   AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC 
                   STRESS DISORDER THROUGH IMPROVED TRAINING.

       (a) Short Title.--This section may be cited as the 
     ``Department of Veterans Affairs Post-Traumatic Stress 
     Disorder Processing Claims Improvement Act of 2023''.
       (b) Formal Process for Conduct of Annual Analysis of 
     Training Needs Based on Trends.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs, acting through the Under Secretary for 
     Benefits, shall establish a formal process to analyze, on an 
     annual basis, training needs of employees of the Department 
     who review claims for disability compensation for service-
     connected post-traumatic stress disorder, based on identified 
     processing error trends.
       (c) Formal Process for Conduct of Annual Studies to Support 
     Annual Analysis.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, acting through the 
     Under Secretary, shall establish a formal process to conduct, 
     on an annual basis, studies to help guide the process 
     established under subsection (b).
       (2) Elements.--Each study conducted under paragraph (1) 
     shall cover the following:
       (A) Military post-traumatic stress disorder stressors.
       (B) Decision-making claims for claims processors.
                                 ______
                                 
  SA 417. 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 end of subtitle E of title III, add the following:

     SEC. 345. STUDY ON FACILITIES AND INFRASTRUCTURE NECESSARY TO 
                   CONDUCT MILITARY OPERATIONS AND EXTEND THE 
                   OPERATIONAL REACH OF THE ARMED FORCES INTO THE 
                   ARCTIC REGION.

       (a) Study.--The Secretary of Defense shall conduct a study 
     to evaluate and plan facilities and infrastructure that would 
     be required north of the Arctic Circle to conduct military 
     operations and extend the operational reach of the Armed 
     Forces into the Arctic region of the United States.
       (b) Elements.--In conducting the study required under 
     subsection (a), the Secretary shall--
       (1) assess possible locations that could serve as forward 
     bases for personnel recovery, agile combat employment, and 
     distributed operations; and
       (2) evaluate the capacity and potential of locations for 
     infrastructure, storage and distribution points, refueling 
     stations, staging bases for tactical operations, medical 
     support centers, and providers of common-user logistics 
     support.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the

[[Page S2586]]

     Secretary shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     study required under subsection (a).
                                 ______
                                 
  SA 418. 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, add the following:

     SEC. 12__. QUADRENNIAL NATIONAL SECURITY REVIEW AND NATIONAL 
                   SECURITY PLANNING GUIDANCE.

       (a) Purposes.--The purposes of this section are--
       (1) to require each Presidential administration--
       (A) to conduct a strategic review of national security 
     policies and capability requirements; and
       (B) to improve interagency strategic planning; and
       (2) to engage each national security agency of the Federal 
     Government in the development of national security planning 
     guidance and a national security strategy.
       (b) Quadrennial National Security Review.--
       (1) In general.--Each President shall designate a national 
     security advisor to lead an interagency process for the 
     purpose of developing and submitting to Congress a 
     comprehensive report on the national security strategy of the 
     United States (in this section referred to as the 
     ``Quadrennial National Security Review'').
       (2) Elements.--Each Quadrennial National Security Review 
     shall--
       (A) include a comprehensive--
       (i) assessment of the future security environment of the 
     United States; and
       (ii) description and discussion of national security 
     objectives;
       (B) set forth a national security strategy for achieving 
     such objectives, including an identification of the 
     capabilities required, including military, economic, 
     diplomatic, and informational capabilities; and
       (C) delineate Federal agency roles for the implementation 
     of such strategy.
       (3) Timing.--The conduct of each Quadrennial National 
     Security Review shall precede, and provide the conceptual 
     basis for, the Quadrennial Defense Review and National 
     Military Strategy.
       (4) Submission to congress.--Not later than 180 days after 
     the date on which a term of a President commences, the 
     President shall submit to Congress a Quadrennial National 
     Security Review.
       (c) National Security Planning Guidance.--
       (1) In general.--Not less frequently than every 4 years, 
     the President shall issue classified or unclassified national 
     security planning guidance in support of the objectives 
     described in the most recent national security strategy 
     report submitted to Congress under section 108 of the 
     National Security Act of 1947 (50 U.S.C. 3043)--
       (A) for the purpose of setting priorities and clarifying 
     national security roles and responsibilities of military and 
     nonmilitary institutions of the United States so as to reduce 
     capability gaps and eliminate redundancies; and
       (B) which guidance shall serve as a strategic plan for 
     United States and coordinated international efforts to 
     enhance the capacity of governmental and nongovernmental 
     entities to work toward the goal of a free, open, prosperous, 
     and secure world.
       (2) Elements.--The national security planning guidance 
     required by paragraph (1) shall include the following:
       (A) A prioritized list of specified geographic areas, and 
     an explicit discussion of the criteria or rationale used to 
     select and prioritize such specified geographic areas.
       (B) For each specified geographic area, a description, 
     analysis, and discussion of the following:
       (i) The feasibility of conducting multilateral programs to 
     train and equip the military forces of the 1 or more 
     countries within the specified geographic area.
       (ii) The authority and funding required to support such 
     programs.
       (iii) The manner in which such programs would--

       (I) be implemented;
       (II) support the national security priorities and interests 
     of the United States; and
       (III) complement other efforts of the United States 
     Government in the specific geographic area and in one or more 
     other specified geographic areas.

       (C) A list of short-term, mid-term, and long-term goals for 
     each specified geographic area, prioritized by importance.
       (D) A description of the role and mission of each Federal 
     department or agency involved in implementing such guidance, 
     including the Department of Defense, the Department of 
     Justice, the Department of the Treasury, the Department of 
     State, and the Agency for International Development.
       (E) A description of any capability gap of the United 
     States with respect to the goals described in the list 
     required by subparagraph (C), and an assessment of the extent 
     to which any such gap may be addressed through coordination 
     with one or more nongovernmental, international, or private 
     sector organizations, entities, or companies.
       (3) Review and update.--
       (A) In general.--The President shall review and update the 
     guidance required by paragraph (1), as necessary.
       (B) Elements.--Each review and update conducted under 
     subparagraph (A) shall address the following:
       (i) The overall progress made toward achieving the goals 
     described in the list required by paragraph (2)(C), including 
     an overall assessment of the progress in protecting the 
     rules-based international order against authoritarian 
     governments.
       (ii) The performance of each Federal department or agency 
     involved in implementing such guidance.
       (iii) The performance of the one or more applicable unified 
     country teams and combatant commands.
       (iv) Any addition to, modification to the order of, or 
     deletion from the list required by paragraph (2)(A).
       (4) Report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report that contains a 
     detailed summary of the national security planning guidance 
     required by paragraph (1), including any update to such 
     guidance.
       (B) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (5) Definitions.--In this subsection:
       (A) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (ii) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives.
       (B) Specified geographic area.--The term ``specified 
     geographic area'' means any country, subnational territory, 
     or region that poses, or may potentially pose, a geopolitical 
     risk to the rules-based international order based on an 
     assessment by the President that the country, subnational 
     territory, or region may be used by an international actor--
       (i) to plan and launch attacks;
       (ii) to engage in propaganda;
       (iii) as a base from which to conduct military exercises 
     with the intent to coerce the United States or an ally of the 
     United States; or
       (iv) as a key transit route for personnel, weapons, 
     funding, or other support.
                                 ______
                                 
  SA 419. 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 subtitle A of title X of 
     division A, insert the following:

     SEC. ___. RECOGNIZING THE NATIONAL DEBT AS A THREAT TO 
                   NATIONAL SECURITY.

       It is the sense of Congress that--
       (1) in January 2023--
       (A) the total public debt outstanding was more than 
     $31,000,000,000,000, resulting in a total interest expense of 
     more than $717,611,000,000 for fiscal year 2022;
       (B) the total public debt as a percentage of gross domestic 
     product was about 121 percent; and
       (C) the debt owed per citizen was $94,240 and $246,864 per 
     taxpayer;
       (2) the last Federal budget surplus occurred in 2001;
       (3) in fiscal year 2022, Federal tax receipts totaled 
     $4,896,000,000,000, but Federal outlays totaled 
     $6,272,000,000,000, leaving the Federal Government with a 1-
     year deficit of $1,376,000,000,000;
       (4) the Senate failed to pass a balanced budget for fiscal 
     year 2022 and failed to restore regular order to the 
     legislative process by not allowing Senators to offer and 
     debate amendments;
       (5) the Social Security and Medicare Boards of Trustees 
     project that--
       (A) the Federal Hospital Insurance Trust Fund will be 
     depleted in 2028; and
       (B) the Federal Old-Age and Survivors Insurance Trust Fund 
     and the Federal Disability Insurance Trust Fund will be 
     depleted in 2034;
       (6) improvements in the business climate in populous 
     countries, and aging populations around the world, will 
     likely contribute to higher global interest rates;
       (7) more than $7,270,000,000,000 of Federal debt is owned 
     by individuals not located in the United States, including 
     more than $870,000,000,000 of which is owned by individuals 
     in China;
       (8) China and the European Union are developing alternative 
     payment systems to weaken the dominant position of the United 
     States dollar as a reserve currency;
       (9) rapidly increasing interest rates would squeeze all 
     policy priorities of the United

[[Page S2587]]

     States, including defense policy and foreign policy 
     priorities;
       (10) on April 12, 2018, former Secretary of Defense James 
     Mattis warned that ``any Nation that can't keep its fiscal 
     house in order eventually cannot maintain its military 
     power'';
       (11) on March 6, 2018, Director of National Intelligence 
     Dan Coats warned: ``Our continued plunge into debt is 
     unsustainable and represents a dire future threat to our 
     economy and to our national security'';
       (12) on November 15, 2017, former Secretaries of Defense 
     Leon Panetta, Ash Carter, and Chuck Hagel warned: ``Increase 
     in the debt will, in the absence of a comprehensive budget 
     that addresses both entitlements and revenues, force even 
     deeper reductions in our national security capabilities''; 
     and
       (13) on September 22, 2011, former Chairman of the Joint 
     Chiefs of Staff Michael Mullen warned: ``I believe the 
     single, biggest threat to our national security is debt''.
                                 ______
                                 
  SA 420. 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 V, insert the following:

     SEC. __. POSTHUMOUS HONORARY PROMOTION TO GENERAL OF 
                   LIEUTENANT GENERAL FRANK MAXWELL ANDREWS, 
                   UNITED STATES ARMY.

       (a) Posthumous Honorary Promotion.--Notwithstanding any 
     time limitation with respect to posthumous promotions for 
     persons who served in the Armed Forces, the President is 
     authorized to issue a posthumous honorary commission 
     promoting Lieutenant General Frank Maxwell Andrews, United 
     States Army, to the grade of general.
       (b) Additional Benefits Not To Accrue.--The honorary 
     promotion of Frank Maxwell Andrews under subsection (a) shall 
     not affect the retired pay or other benefits from the United 
     States to which Frank Maxwell Andrews would have been 
     entitled based upon his military service or affect any 
     benefits to which any other person may become entitled based 
     on his military service.
                                 ______
                                 
  SA 421. Mr. CRUZ (for himself, Mr. Marshall, Mr. Scott of Florida, 
Mr. Risch, Mr. Paul, Mr. Daines, Mr. Crapo, Mr. Barrasso, Mr. Braun, 
Ms. Lummis, and Mrs. Blackburn) 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. __. REMEDIES FOR MEMBERS OF THE ARMED FORCES DISCHARGED 
                   OR SUBJECT TO ADVERSE ACTION UNDER THE COVID-19 
                   VACCINE MANDATE.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     of Defense may not issue any COVID-19 vaccine mandate as a 
     replacement for the mandate rescinded under section 525 of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 absent a further act of Congress expressly 
     authorizing a replacement mandate.
       (b) Remedies.--Section 736 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 
     U.S.C. 1161 note prec.) is amended--
       (1) in the section heading, by striking ``to obey lawful 
     order to receive'' and inserting ``to receive'';
       (2) in subsection (a)--
       (A) by striking ``a lawful order'' and inserting ``an 
     order''; and
       (B) by striking ``shall be'' and all that follows through 
     the period at the end and inserting ``shall be an honorable 
     discharge.'';
       (3) by redesignating subsection (b) as subsection (e); and
       (4) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Prohibition on Adverse Action.--The Secretary of 
     Defense may not take any adverse action against a covered 
     member based solely on the refusal of such member to receive 
     a vaccine for COVID-19.
       ``(c) Remedies Available for a Covered Member Discharged or 
     Subject to Adverse Action Based on COVID-19 Status.--At the 
     election of a covered member discharged or subject to adverse 
     action based on the member's COVID-19 vaccination status, and 
     upon application through a process established by the 
     Secretary of Defense, the Secretary shall--
       ``(1) adjust to `honorable discharge' the status of the 
     member if--
       ``(A) the member was separated from the Armed Forces based 
     solely on the failure of the member to obey an order to 
     receive a vaccine for COVID-19; and
       ``(B) the discharge status of the member would have been an 
     `honorable discharge' but for the refusal to obtain such 
     vaccine;
       ``(2) reinstate the member to service at the highest grade 
     held by the member immediately prior to the involuntary 
     separation, allowing, however, for any reduction in rank that 
     was not related to the member's COVID-19 vaccination status, 
     with an effective date of reinstatement as of the date of 
     involuntary separation;
       ``(3) for any member who was subject to any adverse action 
     other than involuntary separation based solely on the 
     member's COVID-19 vaccination status--
       ``(A) restore the member to the highest grade held prior to 
     such adverse action, allowing, however, for any reduction in 
     rank that was not related to the member's COVID-19 
     vaccination status, with an effective date of reinstatement 
     as of the date of involuntary separation; and
       ``(B) compensate such member for any pay and benefits lost 
     as a result of such adverse action;
       ``(4) expunge from the service record of the member any 
     adverse action, to include non-punitive adverse action and 
     involuntary separation, as well as any reference to any such 
     adverse action, based solely on COVID-19 vaccination status; 
     and
       ``(5) include the time of involuntary separation of the 
     member reinstated under paragraph (2) in the computation of 
     the retired or retainer pay of the member.
       ``(d) Retention and Development of Unvaccinated Members.--
     The Secretary of Defense shall--
       ``(1) make every effort to retain covered members who are 
     not vaccinated against COVID-19 and provide such members with 
     professional development, promotion and leadership 
     opportunities, and consideration equal to that of their 
     peers;
       ``(2) only consider the COVID-19 vaccination status of a 
     covered member in making deployment, assignment, and other 
     operational decisions where--
       ``(A) the law or regulations of a foreign country require 
     covered members to be vaccinated against COVID-19 in order to 
     enter that country; and
       ``(B) the covered member's presence in that foreign country 
     is necessary in order to perform their assigned role; and
       ``(3) for purposes of deployments, assignments, and 
     operations described in paragraph (2), create a process to 
     provide COVID-19 vaccination exemptions to covered members 
     with--
       ``(A) a natural immunity to COVID-19;
       ``(B) an underlying health condition that would make COVID-
     19 vaccination a greater risk to that individual than the 
     general population; or
       ``(C) sincerely held religious beliefs in conflict with 
     receiving the COVID-19 vaccination.
       ``(e) Applicability of Remedies Contained in This 
     Section.--The prohibitions and remedies described in this 
     section shall apply to covered members regardless of whether 
     or not they sought an accommodation to any Department of 
     Defense COVID-19 vaccination policy on any grounds.''.
                                 ______
                                 
  SA 422. Mrs. CAPITO (for herself, Mr. Carper, Mr. Graham, Mr. Booker, 
Mr. Kelly, Mr. Crapo, Mr. Barrasso, Mr. Whitehouse, Mr. Manchin, and 
Mr. Risch) 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 XXXI, insert the 
     following:

     SEC. 31___. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED 
                   NUCLEAR FOR CLEAN ENERGY.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Deployment of Versatile, Advanced Nuclear for 
     Clean Energy Act of 2023'' or the ``ADVANCE Act of 2023''.
       (b) Definitions.--In this section:
       (1) Accident tolerant fuel.--The term ``accident tolerant 
     fuel'' has the meaning given the term in section 107(a) of 
     the Nuclear Energy Innovation and Modernization Act (Public 
     Law 115-439; 132 Stat. 5577).
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Advanced nuclear fuel.--The term ``advanced nuclear 
     fuel'' means--
       (A) advanced nuclear reactor fuel; and
       (B) accident tolerant fuel.
       (4) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 3 of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215 note; Public Law 115-439).
       (5) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' has the meaning given the term in 
     section 3 of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215 note; Public Law 115-439).
       (6) Appropriate committees of Congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Environment and Public Works of the 
     Senate; and

[[Page S2588]]

       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (7) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (9) 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).
       (c) International Nuclear Reactor Export and Innovation 
     Activities.--
       (1) Coordination.--
       (A) In general.--The Commission shall--
       (i) coordinate all work of the Commission relating to--

       (I) nuclear reactor import and export licensing; and
       (II) international regulatory cooperation and assistance 
     relating to nuclear reactors, including with countries that 
     are members of--

       (aa) the Organisation for Economic Co-operation and 
     Development; or
       (bb) the Nuclear Energy Agency; and
       (ii) support interagency and international coordination 
     with respect to--

       (I) the consideration of international technical standards 
     to establish the licensing and regulatory basis to assist the 
     design, construction, and operation of nuclear systems;
       (II) efforts to help build competent nuclear regulatory 
     organizations and legal frameworks in countries seeking to 
     develop nuclear power; and
       (III) exchange programs and training provided to other 
     countries relating to nuclear regulation and oversight to 
     improve nuclear technology licensing, in accordance with 
     subparagraph (B).

       (B) Exchange programs and training.--With respect to the 
     exchange programs and training described in subparagraph 
     (A)(ii)(III), the Commission shall coordinate, as applicable, 
     with--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the private sector; and
       (iv) institutions of higher education.
       (2) Authority to establish branch.--The Commission may 
     establish within the Office of International Programs a 
     branch, to be known as the ``International Nuclear Reactor 
     Export and Innovation Branch'', to carry out such 
     international nuclear reactor export and innovation 
     activities as the Commission determines to be appropriate and 
     within the mission of the Commission.
       (3) Exclusion of international activities from the fee 
     base.--
       (A) In general.--Section 102 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215) is 
     amended--
       (i) in subsection (a), by adding at the end the following:
       ``(A) International nuclear reactor export and innovation 
     activities.--The Commission shall identify in the annual 
     budget justification international nuclear reactor export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2023.''; and
       (ii) in subsection (b)(1)(B), by adding at the end the 
     following:

       ``(I) Costs for international nuclear reactor export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2023.''.

       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on October 1, 2024.
       (4) Savings clause.--Nothing in this subsection alters the 
     authority of the Commission to license and regulate the 
     civilian use of radioactive materials.
       (d) Denial of Certain Domestic Licenses for National 
     Security Purposes.--
       (1) Definition of covered fuel.--In this subsection, the 
     term ``covered fuel'' means enriched uranium that is 
     fabricated into fuel assemblies for nuclear reactors by an 
     entity that--
       (A) is owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (2) Prohibition on unlicensed possession or ownership of 
     covered fuel.--Unless specifically authorized by the 
     Commission in a license issued under section 53 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, 
     Code of Federal Regulations (or successor regulations), no 
     person subject to the jurisdiction of the Commission may 
     possess or own covered fuel.
       (3) License to possess or own covered fuel.--
       (A) Consultation required prior to issuance.--The 
     Commission shall not issue a license to possess or own 
     covered fuel under section 53 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2073) and part 70 of title 10, Code of 
     Federal Regulations (or successor regulations), unless the 
     Commission has first consulted with the Secretary of Energy 
     and the Secretary of State before issuing the license.
       (B) Prohibition on issuance of license.--
       (i) In general.--Subject to clause (iii), a license to 
     possess or own covered fuel shall not be issued if the 
     Secretary of Energy and the Secretary of State make the 
     determination described in clause (ii).
       (ii) Determination.--

       (I) In general.--The determination referred to in clause 
     (i) is a determination that possession or ownership, as 
     applicable, of covered fuel poses a threat to the national 
     security of the United States that adversely impacts the 
     physical and economic security of the United States.
       (II) Joint determination.--A determination described in 
     subclause (I) shall be jointly made by the Secretary of 
     Energy and the Secretary of State.
       (III) Timeline.--

       (aa) Notice of application.--Not later than 30 days after 
     the date on which the Commission receives an application for 
     a license to possess or own covered fuel, the Commission 
     shall notify the Secretary of Energy and the Secretary of 
     State of the application.
       (bb) Determination.--The Secretary of Energy and the 
     Secretary of State shall have a period of 180 days, beginning 
     on the date on which the Commission notifies the Secretary of 
     Energy and the Secretary of State under item (aa) of an 
     application for a license to possess or own covered fuel, in 
     which to make the determination described in subclause (I).
       (cc) Commission notification.--On making the determination 
     described in subclause (I), the Secretary of Energy and the 
     Secretary of State shall immediately notify the Commission.
       (dd) Congressional notification.--Not later than 30 days 
     after the date on which the Secretary of Energy and the 
     Secretary of State notify the Commission under item (cc), the 
     Commission shall notify the appropriate committees of 
     Congress of the determination.
       (ee) Public notice.--Not later than 15 days after the date 
     on which the Commission notifies Congress under item (dd) of 
     a determination made under subclause (I), the Commission 
     shall make that determination publicly available.
       (iii) Effect of no determination.--The prohibition 
     described in clause (i) shall not apply if the Secretary of 
     Energy and the Secretary of State do not make the 
     determination described in clause (ii) by the date described 
     in subclause (III)(bb) of that clause.
       (4) Savings clause.--Nothing in this subsection alters any 
     treaty or international agreement in effect on the date of 
     enactment of this Act.
       (e) Export License Requirements.--
       (1) Definition of low-enriched uranium.--In this 
     subsection, the term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope.
       (2) Requirement.--The Commission shall not issue an export 
     license for the transfer of any item described in paragraph 
     (4) to a country described in paragraph (3) unless the 
     Commission makes a determination that such transfer will not 
     be inimical to the common defense and security of the United 
     States.
       (3) Countries described.--A country referred to in 
     paragraph (2) is a country that--
       (A) has not concluded and ratified an Additional Protocol 
     to its safeguards agreement with the International Atomic 
     Energy Agency; or
       (B) has not ratified or acceded to the amendment to the 
     Convention on the Physical Protection of Nuclear Material, 
     adopted at Vienna October 26, 1979, and opened for signature 
     at New York March 3, 1980 (TIAS 11080), described in the 
     information circular of the International Atomic Energy 
     Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 
     (TIAS 16-508).
       (4) Items described.--An item referred to in paragraph (2) 
     includes--
       (A) unirradiated nuclear fuel containing special nuclear 
     material (as defined in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
       (B) a nuclear reactor that uses nuclear fuel described in 
     subparagraph (A); and
       (C) any plant or component listed in Appendix I to part 110 
     of title 10, Code of Federal Regulations (or successor 
     regulations), that is involved in--
       (i) the reprocessing of irradiated nuclear reactor fuel 
     elements;
       (ii) the separation of plutonium; or
       (iii) the separation of the uranium-233 isotope.
       (5) Notification.--If the Commission makes a determination 
     under paragraph (2) that the transfer of any item described 
     in paragraph (4) to a country described in paragraph (3) will 
     not be inimical to the common defense and security of the 
     United States, the Commission shall notify the appropriate 
     committees of Congress.
       (f) Coordinated International Engagement.--
       (1) Definitions.--In this subsection:
       (A) Embarking civil nuclear nation.--
       (i) In general.--The term ``embarking civil nuclear 
     nation'' means a country that--

       (I) does not have a civil nuclear program;
       (II) is in the process of developing or expanding a civil 
     nuclear program, including safeguards and a legal and 
     regulatory framework; or
       (III) is in the process of selecting, developing, 
     constructing, or utilizing an advanced nuclear reactor or 
     advanced civil nuclear technologies.

       (ii) Exclusions.--The term ``embarking civil nuclear 
     nation'' does not include--

       (I) the People's Republic of China;
       (II) the Russian Federation;
       (III) the Republic of Belarus;
       (IV) the Islamic Republic of Iran;
       (V) the Democratic People's Republic of Korea;
       (VI) the Republic of Cuba;

[[Page S2589]]

       (VII) the Bolivarian Republic of Venezuela;
       (VIII) the Syrian Arab Republic;
       (IX) Burma; or
       (X) any other country--

       (aa) the property or interests in property of the 
     government of which are blocked pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
       (bb) the government of which the Secretary of State has 
     determined has repeatedly provided support for acts of 
     international terrorism for purposes of--
       (AA) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (BB) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d));
       (CC) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
       (DD) any other relevant provision of law.
       (B) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Commerce and the Secretary of Energy, acting--
       (i) in consultation with each other; and
       (ii) in coordination with--

       (I) the Secretary of State;
       (II) the Commission;
       (III) the Secretary of the Treasury;
       (IV) the President of the Export-Import Bank of the United 
     States; and
       (V) officials of other Federal agencies, as the Secretary 
     of Commerce determines to be appropriate.

       (C) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (i) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (ii) is involved in the nuclear energy industry.
       (2) International civil nuclear modernization initiative.--
       (A) In general.--The Secretaries shall establish and carry 
     out, in accordance with applicable nuclear technology export 
     laws (including regulations), an international initiative to 
     modernize civil nuclear outreach to embarking civil nuclear 
     nations.
       (B) Activities.--In carrying out the initiative described 
     in subparagraph (A)--
       (i) the Secretary of Commerce shall--

       (I) expand outreach by the Executive Branch to the private 
     investment community to create public-private financing 
     relationships to assist in the export of civil nuclear 
     technology to embarking civil nuclear nations;
       (II) seek to coordinate, to the maximum extent practicable, 
     the work carried out by each of--

       (aa) the Commission;
       (bb) the Department of Energy;
       (cc) the Department of State;
       (dd) the Nuclear Energy Agency;
       (ee) the International Atomic Energy Agency; and
       (ff) other agencies, as the Secretary of Commerce 
     determines to be appropriate; and

       (III) improve the regulatory framework to allow for the 
     efficient and expeditious exporting and importing of items 
     under the jurisdiction of the Secretary of Commerce; and

       (ii) the Secretary of Energy shall--

       (I) assist nongovernmental organizations and appropriate 
     offices, administrations, agencies, laboratories, and 
     programs of the Federal Government in providing education and 
     training to foreign governments in nuclear safety, security, 
     and safeguards--

       (aa) through engagement with the International Atomic 
     Energy Agency; or
       (bb) independently, if the applicable nongovernmental 
     organization, office, administration, agency, laboratory, or 
     program determines that it would be more advantageous under 
     the circumstances to provide the applicable education and 
     training independently;

       (II) assist the efforts of the International Atomic Energy 
     Agency to expand the support provided by the International 
     Atomic Energy Agency to embarking civil nuclear nations for 
     nuclear safety, security, and safeguards; and
       (III) assist U.S. nuclear energy companies to integrate 
     security and safeguards by design in international outreach 
     carried out by those U.S. nuclear energy companies.

       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of Energy, shall submit to 
     Congress a report describing the activities carried out under 
     this subsection.
       (g) Fees for Advanced Nuclear Reactor Application Review.--
       (1) Definitions.--Section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439) is amended--
       (A) by redesignating paragraphs (2) through (15) as 
     paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), 
     (17), (18), (19), (20), and (21), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) Advanced nuclear reactor applicant.--The term 
     `advanced nuclear reactor applicant' means an entity that has 
     submitted to the Commission an application to receive a 
     license for an advanced nuclear reactor under the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).'';
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Advanced nuclear reactor pre-applicant.--The term 
     `advanced nuclear reactor pre-applicant' means an entity that 
     has submitted to the Commission a licensing project plan for 
     the purposes of submitting a future application to receive a 
     license for an advanced nuclear reactor under the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       ``(5) Agency support.--The term `agency support' means the 
     resources of the Commission that are located in executive, 
     administrative, and other support offices of the Commission, 
     as described in the document of the Commission entitled `FY 
     2023 Final Fee Rule Work Papers' (or a successor 
     document).'';
       (D) by inserting after paragraph (10) (as so redesignated) 
     the following:
       ``(11) Hourly rate for mission-direct program salaries and 
     benefits for the nuclear reactor safety program.--The term 
     `hourly rate for mission-direct program salaries and benefits 
     for the Nuclear Reactor Safety Program' means the quotient 
     obtained by dividing--
       ``(A) the full-time equivalent rate (within the meaning of 
     the document of the Commission entitled `FY 2023 Final Fee 
     Rule Work Papers' (or a successor document)) for mission-
     direct program salaries and benefits for the Nuclear Reactor 
     Safety Program (as determined by the Commission) for a fiscal 
     year; by
       ``(B) the productive hours assumption for that fiscal year, 
     determined in accordance with the formula established in the 
     document referred to in subparagraph (A) (or a successor 
     document).''; and
       (E) by inserting after paragraph (12) (as so redesignated) 
     the following:
       ``(13) Mission-direct program salaries and benefits for the 
     nuclear reactor safety program.--The term `mission-direct 
     program salaries and benefits for the Nuclear Reactor Safety 
     Program' means the resources of the Commission that are 
     allocated to the Nuclear Reactor Safety Program (as 
     determined by the Commission) to perform core work activities 
     committed to fulfilling the mission of the Commission, as 
     described in the document of the Commission entitled `FY 2023 
     Final Fee Rule Work Papers' (or a successor document).
       ``(14) Mission-indirect program support.--The term 
     `mission-indirect program support' means the resources of the 
     Commission that support the core mission-direct activities 
     for the Nuclear Reactor Safety Program of the Commission (as 
     determined by the Commission), as described in the document 
     of the Commission entitled `FY 2023 Final Fee Rule Work 
     Papers' (or a successor document).''.
       (2) Excluded activities.--Section 102(b)(1)(B) of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is 
     amended by adding at the end the following:
       ``(v) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(B), may not be 
     included in the hourly rate charged for fees assessed to 
     advanced nuclear reactor applicants.
       ``(vi) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(C), may not be 
     included in the hourly rate charged for fees assessed to 
     advanced nuclear reactor pre-applicants.''.
       (3) Fees for service or thing of value.--Section 102(b) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(b)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Fees for service or thing of value.--
       ``(A) In general.--In accordance with section 9701 of title 
     31, United States Code, the Commission shall assess and 
     collect fees from any person who receives a service or thing 
     of value from the Commission to cover the costs to the 
     Commission of providing the service or thing of value.
       ``(B) Advanced nuclear reactor applicants.--The hourly rate 
     charged for fees assessed to advanced nuclear reactor 
     applicants under this paragraph relating to the review of a 
     submitted application described in section 3(1) shall not 
     exceed the hourly rate for mission-direct program salaries 
     and benefits for the Nuclear Reactor Safety Program.
       ``(C) Advanced nuclear reactor pre-applicants.--The hourly 
     rate charged for fees assessed to advanced nuclear reactor 
     pre-applicants under this paragraph relating to the review of 
     submitted materials as described in the licensing project 
     plan of an advanced nuclear reactor pre-applicant shall not 
     exceed the hourly rate for mission-direct program salaries 
     and benefits for the Nuclear Reactor Safety Program.''.
       (4) Sunset.--Section 102 of the Nuclear Energy Innovation 
     and Modernization Act (42 U.S.C. 2215) is amended by adding 
     at the end the following:
       ``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) 
     and (2)(C) of subsection (b) shall cease to be effective on 
     September 30, 2029.''.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2024.
       (h) Advanced Nuclear Reactor Prizes.--Section 103 of the 
     Nuclear Energy Innovation and Modernization Act (Public Law 
     115-439; 132 Stat. 5571) is amended by adding at the end the 
     following:
       ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) a non-Federal entity; and
       ``(B) the Tennessee Valley Authority.
       ``(2) Prize for advanced nuclear reactor licensing.--
       ``(A) In general.--Notwithstanding section 169 of the 
     Atomic Energy Act of 1954 (42

[[Page S2590]]

     U.S.C. 2209) and subject to the availability of 
     appropriations, the Secretary is authorized to make, with 
     respect to each award category described in subparagraph (C), 
     an award in an amount described in subparagraph (B) to the 
     first eligible entity--
       ``(i) to which the Commission issues an operating license 
     for an advanced nuclear reactor under part 50 of title 10, 
     Code of Federal Regulations (or successor regulations), for 
     which an application has not been approved by the Commission 
     as of the date of enactment of this subsection; or
       ``(ii) for which the Commission makes a finding described 
     in section 52.103(g) of title 10, Code of Federal Regulations 
     (or successor regulations), with respect to a combined 
     license for an advanced nuclear reactor--

       ``(I) that is issued under subpart C of part 52 of that 
     title (or successor regulations); and
       ``(II) for which an application has not been approved by 
     the Commission as of the date of enactment of this 
     subsection.

       ``(B) Amount of award.--An award under subparagraph (A) 
     shall be in an amount equal to the total amount assessed by 
     the Commission and collected under section 102(b)(2) from the 
     eligible entity receiving the award for costs relating to the 
     issuance of the license described in that subparagraph, 
     including, as applicable, costs relating to the issuance of 
     an associated construction permit described in section 50.23 
     of title 10, Code of Federal Regulations (or successor 
     regulations), or early site permit (as defined in section 
     52.1 of that title (or successor regulations)).
       ``(C) Award categories.--An award under subparagraph (A) 
     may be made for--
       ``(i) the first advanced nuclear reactor for which the 
     Commission--

       ``(I) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(II) makes a finding in accordance with clause (ii) of 
     that subparagraph;

       ``(ii) an advanced nuclear reactor that--

       ``(I) uses isotopes derived from spent nuclear fuel (as 
     defined in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101)) or depleted uranium as fuel for the 
     advanced nuclear reactor; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iii) an advanced nuclear reactor that--

       ``(I) is a nuclear integrated energy system--

       ``(aa) that is composed of 2 or more co-located or jointly 
     operated subsystems of energy generation, energy storage, or 
     other technologies;
       ``(bb) in which not fewer than 1 subsystem described in 
     item (aa) is a nuclear energy system; and
       ``(cc) the purpose of which is--
       ``(AA) to reduce greenhouse gas emissions in both the power 
     and nonpower sectors; and
       ``(BB) to maximize energy production and efficiency; and

       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iv) an advanced reactor that--

       ``(I) operates flexibly to generate electricity or high 
     temperature process heat for nonelectric applications; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph; and
       ``(v) the first advanced nuclear reactor for which the 
     Commission grants approval to load nuclear fuel pursuant to 
     the technology-inclusive regulatory framework established 
     under subsection (a)(4).
       ``(3) Federal funding limitations.--
       ``(A) Exclusion of tva funds.--In this paragraph, the term 
     `Federal funds' does not include funds received under the 
     power program of the Tennessee Valley Authority.
       ``(B) Limitation on amounts expended.--An award under this 
     subsection shall not exceed the total amount expended 
     (excluding any expenditures made with Federal funds received 
     for the applicable project and an amount equal to the minimum 
     cost-share required under section 988 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16352)) by the eligible entity 
     receiving the award for licensing costs relating to the 
     project for which the award is made.
       ``(C) Repayment and dividends not required.--
     Notwithstanding section 9104(a)(4) of title 31, United States 
     Code, or any other provision of law, an eligible entity that 
     receives an award under this subsection shall not be 
     required--
       ``(i) to repay that award or any part of that award; or
       ``(ii) to pay a dividend, interest, or other similar 
     payment based on the sum of that award.''.
       (i) Report on Unique Licensing Considerations Relating to 
     the Use of Nuclear Energy for Nonelectric Applications.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') addressing any unique 
     licensing issues or requirements relating to--
       (A) the flexible operation of nuclear reactors, such as 
     ramping power output and switching between electricity 
     generation and nonelectric applications;
       (B) the use of advanced nuclear reactors exclusively for 
     nonelectric applications; and
       (C) the colocation of nuclear reactors with industrial 
     plants or other facilities.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) technology developers;
       (D) the industrial, chemical, and medical sectors;
       (E) nongovernmental organizations; and
       (F) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall describe--
       (i) any unique licensing issues or requirements relating to 
     the matters described in subparagraphs (A) through (C) of 
     paragraph (1), including, with respect to the nonelectric 
     applications referred to in subparagraphs (A) and (B) of that 
     paragraph, any licensing issues or requirements relating to 
     the use of nuclear energy in--

       (I) hydrogen or other liquid and gaseous fuel or chemical 
     production;
       (II) water desalination and wastewater treatment;
       (III) heat for industrial processes;
       (IV) district heating;
       (V) energy storage;
       (VI) industrial or medical isotope production; and
       (VII) other applications, as identified by the Commission;

       (ii) options for addressing those issues or requirements--

       (I) within the existing regulatory framework of the 
     Commission;
       (II) as part of the technology-inclusive regulatory 
     framework required under subsection (a)(4) of section 103 of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439) or described in the 
     report required under subsection (e) of that section (Public 
     Law 115-439; 132 Stat. 5575); or
       (III) through a new rulemaking; and

       (iii) the extent to which Commission action is needed to 
     implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance in the licensing of nuclear 
     reactors for nonelectric applications.
       (j) Enabling Preparations for the Demonstration of Advanced 
     Nuclear Reactors on Department of Energy Sites or Critical 
     National Security Infrastructure Sites.--
       (1) In general.--Section 102(b)(1)(B) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) 
     (as amended by subsection (g)(2)) is amended by adding at the 
     end the following:
       ``(vi) Costs for--

       ``(I) activities to review and approve or disapprove an 
     application for an early site permit (as defined in section 
     52.1 of title 10, Code of Federal Regulations (or a successor 
     regulation)) to demonstrate an advanced nuclear reactor on a 
     Department of Energy site or critical national security 
     infrastructure (as defined in section 327(d) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1722)) site; and
       ``(II) pre-application activities relating to an early site 
     permit (as defined in section 52.1 of title 10, Code of 
     Federal Regulations (or a successor regulation)) to 
     demonstrate an advanced nuclear reactor on a Department of 
     Energy site or critical national security infrastructure (as 
     defined in section 327(d) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1722)) site.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2024.
       (k) Clarification on Fusion Regulation.--Section 103(a)(4) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439) is amended--
       (1) by striking ``Not later'' and inserting the following:
       ``(A) In general.--Not later''; and
       (2) by adding at the end the following:
       ``(B) Exclusion of fusion reactors.--For purposes of 
     subparagraph (A), the term `advanced reactor applicant' does 
     not include an applicant seeking a license for a fusion 
     reactor.''.
       (l) Regulatory Issues for Nuclear Facilities at Brownfield 
     Sites.--
       (1) Definitions.--
       (A) Brownfield site.--The term ``brownfield site'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (B) Production facility.--The term ``production facility'' 
     has the meaning given the term in section 11 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014).
       (C) Retired fossil fuel site.--The term ``retired fossil 
     fuel site'' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.

[[Page S2591]]

       (D) Utilization facility.--The term ``utilization 
     facility'' has the meaning given the term in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014).
       (2) Identification of regulatory issues.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall evaluate the 
     extent to which modification of regulations, guidance, or 
     policy is needed to enable timely licensing reviews for, and 
     to support the oversight of, production facilities or 
     utilization facilities at brownfield sites.
       (B) Requirement.--In carrying out subparagraph (A), the 
     Commission shall consider how licensing reviews for 
     production facilities or utilization facilities at brownfield 
     sites may be expedited by considering matters relating to 
     siting and operating a production facility or a utilization 
     facility at or near a retired fossil fuel site to support--
       (i) the reuse of existing site infrastructure, including--

       (I) electric switchyard components and transmission 
     infrastructure;
       (II) heat-sink components;
       (III) steam cycle components;
       (IV) roads;
       (V) railroad access; and
       (VI) water availability;

       (ii) the use of early site permits;
       (iii) the utilization of plant parameter envelopes or 
     similar standardized site parameters on a portion of a larger 
     site; and
       (iv) the use of a standardized application for similar 
     sites.
       (C) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing any 
     regulations, guidance, and policies identified under 
     subparagraph (A).
       (3) Licensing.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall--
       (i) develop and implement strategies to enable timely 
     licensing reviews for, and to support the oversight of, 
     production facilities or utilization facilities at brownfield 
     sites, including retired fossil fuel sites; or
       (ii) initiate a rulemaking to enable timely licensing 
     reviews for, and to support the oversight of, of production 
     facilities or utilization facilities at brownfield sites, 
     including retired fossil fuel sites.
       (B) Requirements.--In carrying out subparagraph (A), 
     consistent with the mission of the Commission, the Commission 
     shall consider matters relating to--
       (i) the use of existing site infrastructure;
       (ii) existing emergency preparedness organizations and 
     planning;
       (iii) the availability of historical site-specific 
     environmental data;
       (iv) previously approved environmental reviews required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.);
       (v) activities associated with the potential 
     decommissioning of facilities or decontamination and 
     remediation at brownfield sites; and
       (vi) community engagement and historical experience with 
     energy production.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     actions taken by the Commission under paragraph (3).
       (m) Appalachian Regional Commission Nuclear Energy 
     Development.--
       (1) In general.--Subchapter I of chapter 145 of subtitle IV 
     of title 40, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 14512. Appalachian Regional Commission nuclear energy 
       development

       ``(a) Definitions.--In this section:
       ``(1) Brownfield site.--The term `brownfield site' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       ``(2) Production facility.--The term `production facility' 
     has the meaning given the term in section 11 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014).
       ``(3) Retired fossil fuel site.--The term `retired fossil 
     fuel site' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.
       ``(4) Utilization facility.--The term `utilization 
     facility' has the meaning given the term in section 11 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014).
       ``(b) Authority.--The Appalachian Regional Commission may 
     provide technical assistance to, make grants to, enter into 
     contracts with, or otherwise provide amounts to individuals 
     or entities in the Appalachian region for projects and 
     activities--
       ``(1) to conduct research and analysis regarding the 
     economic impact of siting, constructing, and operating a 
     production facility or a utilization facility at a brownfield 
     site, including a retired fossil fuel site;
       ``(2) to assist with workforce training or retraining to 
     perform activities relating to the siting and operation of a 
     production facility or a utilization facility at a brownfield 
     site, including a retired fossil fuel site; and
       ``(3) to engage with the Nuclear Regulatory Commission, the 
     Department of Energy, and other Federal agencies with 
     expertise in civil nuclear energy.
       ``(c) Limitation on Available Amounts.--Of the cost of any 
     project or activity eligible for a grant under this section--
       ``(1) except as provided in paragraphs (2) and (3), not 
     more than 50 percent may be provided from amounts made 
     available to carry out this section;
       ``(2) in the case of a project or activity to be carried 
     out in a county for which a distressed county designation is 
     in effect under section 14526, not more than 80 percent may 
     be provided from amounts made available to carry out this 
     section; and
       ``(3) in the case of a project or activity to be carried 
     out in a county for which an at-risk county designation is in 
     effect under section 14526, not more than 70 percent may be 
     provided from amounts made available to carry out this 
     section.
       ``(d) Sources of Assistance.--Subject to subsection (c), a 
     grant provided under this section may be provided from 
     amounts made available to carry out this section, in 
     combination with amounts made available--
       ``(1) under any other Federal program; or
       ``(2) from any other source.
       ``(e) Federal Share.--Notwithstanding any provision of law 
     limiting the Federal share under any other Federal program, 
     amounts made available to carry out this section may be used 
     to increase that Federal share, as the Appalachian Regional 
     Commission determines to be appropriate.''.
       (2) Authorization of appropriations.--Section 14703 of 
     title 40, United States Code, is amended--
       (A) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (B) by inserting after subsection (d) the following:
       ``(e) Appalachian Regional Commission Nuclear Energy 
     Development.--Of the amounts made available under subsection 
     (a), $5,000,000 may be used to carry out section 14512 for 
     each of fiscal years 2023 through 2026.''.
       (3) Clerical amendment.--The analysis for subchapter I of 
     chapter 145 of subtitle IV of title 40, United States Code, 
     is amended by striking the item relating to section 14511 and 
     inserting the following:

``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
       (n) Investment by Allies.--
       (1) In general.--The prohibitions against issuing certain 
     licenses for utilization facilities to certain corporations 
     and other entities described in the second sentence of 
     section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(d)) and the second sentence of section 104 d. of that 
     Act (42 U.S.C. 2134(d)) shall not apply to an entity 
     described in paragraph (2) if the Commission determines that 
     issuance of the applicable license to that entity is not 
     inimical to--
       (A) the common defense and security; or
       (B) the health and safety of the public.
       (2) Entities described.--
       (A) In general.--An entity referred to in paragraph (1) is 
     a corporation or other entity that is owned, controlled, or 
     dominated by--
       (i) the government of--

       (I) a country that is a member of the Organisation for 
     Economic Co-operation and Development on the date of 
     enactment of this Act, subject to subparagraph (B); or
       (II) the Republic of India;

       (ii) a corporation that is incorporated in a country 
     described in subclause (I) or (II) of clause (i); or
       (iii) an alien who is a national of a country described in 
     subclause (I) or (II) of clause (i).
       (B) Exclusion.--An entity described in subparagraph 
     (A)(i)(I) is not an entity referred to in paragraph (1), and 
     paragraph (1) shall not apply to that entity, if, on the date 
     of enactment of this Act--
       (i) the entity (or any department, agency, or 
     instrumentality of the entity) is a person subject to 
     sanctions under section 231 of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525); or
       (ii) any citizen of the entity, or any entity organized 
     under the laws of, or otherwise subject to the jurisdiction 
     of, the entity, is a person subject to sanctions under that 
     section.
       (3) Technical amendment.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence, by striking ``any any'' and inserting 
     ``any''.
       (4) Savings clause.--Nothing in this subsection affects the 
     requirements of section 721 of the Defense Production Act of 
     1950 (50 U.S.C. 4565).
       (o) Extension of the Price-Anderson Act.--
       (1) Extension.--Section 170 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson 
     Act'') is amended by striking ``December 31, 2025'' each 
     place it appears and inserting ``December 31, 2045''.
       (2) Liability.--Section 170 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson 
     Act'') is amended--
       (A) in subsection d. (5), by striking ``$500,000,000'' and 
     inserting ``$2,000,000,000''; and
       (B) in subsection e. (4), by striking ``$500,000,000'' and 
     inserting ``$2,000,000,000''.
       (3) Report.--Section 170 p. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
     Anderson Act'') is amended by striking ``December 31, 2021'' 
     and inserting ``December 31, 2041''.
       (4) Definition of nuclear incident.--Section 11 q. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in 
     the second proviso, by striking ``if such occurrence'' and

[[Page S2592]]

     all that follows through ``United States:'' and inserting a 
     colon.
       (p) Report on Advanced Methods of Manufacturing and 
     Construction for Nuclear Energy Applications.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') on manufacturing and 
     construction for nuclear energy applications.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) National Laboratories;
       (D) institutions of higher education;
       (E) nuclear and manufacturing technology developers;
       (F) the manufacturing and construction industries, 
     including manufacturing and construction companies with 
     operating facilities in the United States;
       (G) standards development organizations;
       (H) labor unions;
       (I) nongovernmental organizations; and
       (J) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall--
       (i) examine any unique licensing issues or requirements 
     relating to the use of innovative--

       (I) advanced manufacturing processes;
       (II) advanced construction techniques; and
       (III) rapid improvement or iterative innovation processes;

       (ii) examine--

       (I) the requirements for nuclear-grade components in 
     manufacturing and construction for nuclear energy 
     applications;
       (II) opportunities to use standard materials, parts, or 
     components in manufacturing and construction for nuclear 
     energy applications;
       (III) opportunities to use standard materials that are in 
     compliance with existing codes to provide acceptable 
     approaches to support or encapsulate new materials that do 
     not yet have applicable codes; and
       (IV) requirements relating to the transport of a fueled 
     advanced nuclear reactor core from a manufacturing licensee 
     to a licensee that holds a license to construct and operate a 
     facility at a particular site;

       (iii) identify any safety aspects of innovative advanced 
     manufacturing processes and advanced construction techniques 
     that are not addressed by existing codes and standards, so 
     that generic guidance may be updated or created, as 
     necessary;
       (iv) identify options for addressing the issues, 
     requirements, and opportunities examined under clauses (i) 
     and (ii)--

       (I) within the existing regulatory framework; or
       (II) through a new rulemaking;

       (v) identify how addressing the issues, requirements, and 
     opportunities examined under clauses (i) and (ii) will impact 
     opportunities for domestic nuclear manufacturing and 
     construction developers; and
       (vi) describe the extent to which Commission action is 
     needed to implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance for manufacturing and construction 
     for nuclear energy applications.
       (q) Nuclear Energy Traineeship.--Section 313 of division C 
     of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), 
     is amended--
       (1) in subsection (a), by striking ``Nuclear Regulatory'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (c)'' after 
     ``paragraph (2)'';
       (3) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (5); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       ``(4) National laboratory.--The term `National Laboratory' 
     has the meaning given the term in section 951(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16271(b)).'';
       (4) in subsection (d)(2), by striking ``Nuclear 
     Regulatory'';
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (6) by inserting after subsection (b) the following:
       ``(c) Nuclear Energy Traineeship Subprogram.--
       ``(1) In general.--The Commission shall establish, as a 
     subprogram of the Program, a nuclear energy traineeship 
     subprogram under which the Commission, in coordination with 
     institutions of higher education and trade schools, shall 
     competitively award traineeships that provide focused 
     training to meet critical mission needs of the Commission and 
     nuclear workforce needs, including needs relating to the 
     nuclear tradecraft workforce.
       ``(2) Requirements.--In carrying out the nuclear energy 
     traineeship subprogram described in paragraph (1), the 
     Commission shall--
       ``(A) coordinate with the Secretary of Energy to prioritize 
     the funding of traineeships that focus on--
       ``(i) nuclear workforce needs; and
       ``(ii) critical mission needs of the Commission;
       ``(B) encourage appropriate partnerships among--
       ``(i) National Laboratories;
       ``(ii) institutions of higher education;
       ``(iii) trade schools;
       ``(iv) the nuclear energy industry; and
       ``(v) other entities, as the Commission determines to be 
     appropriate; and
       ``(C) on an annual basis, evaluate nuclear workforce needs 
     for the purpose of implementing traineeships in focused 
     topical areas that--
       ``(i) address the workforce needs of the nuclear energy 
     community; and
       ``(ii) support critical mission needs of the Commission.''.
       (r) Report on Commission Readiness and Capacity to License 
     Additional Conversion and Enrichment Capacity to Reduce 
     Reliance on Uranium From Russia.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on the readiness 
     and capacity of the Commission to license additional 
     conversion and enrichment capacity at existing and new fuel 
     cycle facilities to reduce reliance on nuclear fuel that is 
     recovered, converted, enriched, or fabricated by an entity 
     that--
       (A) is owned or controlled by the Government of the Russian 
     Federation; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation.
       (2) Contents.--The report required under paragraph (1) 
     shall analyze how the capacity of the Commission to license 
     additional conversion and enrichment capacity at existing and 
     new fuel cycle facilities may conflict with or restrict the 
     readiness of the Commission to review advanced nuclear 
     reactor applications.
       (s) Annual Report on the Spent Nuclear Fuel and High-level 
     Radioactive Waste Inventory in the United States.--
       (1) Definitions.--In this subsection:
       (A) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (B) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (C) Standard contract.--The term ``standard contract'' has 
     the meaning given the term ``contract'' in section 961.3 of 
     title 10, Code of Federal Regulations (or a successor 
     regulation).
       (2) Report.--Not later than January 1, 2025, and annually 
     thereafter, the Secretary of Energy shall submit to Congress 
     a report that describes--
       (A) the annual and cumulative amount of payments made by 
     the United States to the holder of a standard contract due to 
     a partial breach of contract under the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10101 et seq.) resulting in financial 
     damages to the holder;
       (B) the cumulative amount spent by the Department of Energy 
     since fiscal year 2008 to reduce future payments projected to 
     be made by the United States to any holder of a standard 
     contract due to a partial breach of contract under the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
       (C) the cumulative amount spent by the Department of Energy 
     to store, manage, and dispose of spent nuclear fuel and high-
     level radioactive waste in the United States as of the date 
     of the report;
       (D) the projected lifecycle costs to store, manage, 
     transport, and dispose of the projected inventory of spent 
     nuclear fuel and high-level radioactive waste in the United 
     States, including spent nuclear fuel and high-level 
     radioactive waste expected to be generated from existing 
     reactors through 2050;
       (E) any mechanisms for better accounting of liabilities for 
     the lifecycle costs of the spent nuclear fuel and high-level 
     radioactive waste inventory in the United States;
       (F) any recommendations for improving the methods used by 
     the Department of Energy for the accounting of spent nuclear 
     fuel and high-level radioactive waste costs and liabilities;
       (G) any actions taken in the previous fiscal year by the 
     Department of Energy with respect to interim storage; and
       (H) any activities taken in the previous fiscal year by the 
     Department of Energy to develop and deploy nuclear 
     technologies and fuels that enhance the safe transportation 
     or storage of spent nuclear fuel or high-level radioactive 
     waste, including technologies to protect against seismic, 
     flooding, and other extreme weather events.
       (t) Authorization of Appropriations for Superfund Actions 
     at Abandoned Mining Sites on Tribal Land.--
       (1) Definitions.--In this subsection:
       (A) Eligible non-NPL site.--The term ``eligible non-NPL 
     site'' means a site--
       (i) that is not on the National Priorities List; but

[[Page S2593]]

       (ii) with respect to which the Administrator determines 
     that--

       (I) the site would be eligible for listing on the National 
     Priorities List based on the presence of hazards from 
     contamination at the site, applying the hazard ranking system 
     described in section 105(c) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(c)); and
       (II) for removal site evaluations, engineering evaluations/
     cost analyses, remedial planning activities, remedial 
     investigations and feasibility studies, and other actions 
     taken pursuant to section 104(b) of that Act (42 U.S.C. 
     9604), the site--

       (aa) has undergone a pre-CERCLA screening; and
       (bb) is included in the Superfund Enterprise Management 
     System.
       (B) 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).
       (C) National priorities list.--The term ``National 
     Priorities List'' means the National Priorities List 
     developed by the President in accordance with section 
     105(a)(8)(B) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9605(a)(8)(B)).
       (D) Remedial action; removal; response.--The terms 
     ``remedial action'', ``removal'', and ``response'' have the 
     meanings given those terms in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601).
       (E) Tribal land.--The term ``Tribal land'' has the meaning 
     given the term ``Indian country'' in section 1151 of title 
     18, United States Code.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2023 through 
     2032, to remain available until expended--
       (A) $97,000,000 to the Administrator to carry out this 
     subsection (except for paragraph (4)); and
       (B) $3,000,000 to the Administrator of the Agency for Toxic 
     Substances and Disease Registry to carry out paragraph (4).
       (3) Uses of amounts.--Amounts appropriated under paragraph 
     (2)(A) shall be used by the Administrator--
       (A) to carry out removal actions on abandoned mine land 
     located on Tribal land;
       (B) to carry out response actions, including removal and 
     remedial planning activities, removal and remedial studies, 
     remedial actions, and other actions taken pursuant to section 
     104(b) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)) 
     on abandoned mine land located on Tribal land at--
       (i) eligible non-NPL sites; and
       (ii) sites listed on the National Priorities List; and
       (C) to make grants under paragraph (5).
       (4) Health assessments.--Subject to the availability of 
     appropriations, the Agency for Toxic Substances and Disease 
     Registry, in coordination with Tribal health authorities, 
     shall perform 1 or more health assessments at each eligible 
     non-NPL site that is located on Tribal land, in accordance 
     with section 104(i)(6) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(i)(6)).
       (5) Tribal grants.--
       (A) In general.--The Administrator may use amounts 
     appropriated under paragraph (2)(A) to make grants to 
     eligible entities described in subparagraph (B) for the 
     purposes described in subparagraph (C).
       (B) Eligible entities described.--An eligible entity 
     referred to in subparagraph (A) is--
       (i) the governing body of an Indian Tribe; or
       (ii) a legally established organization of Indians that--

       (I) is controlled, sanctioned, or chartered by the 
     governing bodies of 2 or more Indian Tribes to be served, or 
     that is democratically elected by the adult members of the 
     Indian community to be served, by that organization; and
       (II) includes the maximum participation of Indians in all 
     phases of the activities of that organization.

       (C) Use of grant funds.--A grant under this paragraph shall 
     be used--
       (i) in accordance with the second sentence of section 
     117(e)(1) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9617(e)(1));
       (ii) for obtaining technical assistance in carrying out 
     response actions under clause (iii); or
       (iii) for carrying out response actions, if the 
     Administrator determines that the Indian Tribe has the 
     capability to carry out any or all of those response actions 
     in accordance with the criteria and priorities established 
     pursuant to section 105(a)(8) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(a)(8)).
       (D) Applications.--An eligible entity desiring a grant 
     under this paragraph shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator may require.
       (E) Limitations.--A grant under this paragraph shall be 
     governed by the rules, procedures, and limitations described 
     in section 117(e)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9617(e)(2)), except that--
       (i) ``Administrator of the Environmental Protection 
     Agency'' shall be substituted for ``President'' each place it 
     appears in that section; and
       (ii) in the first sentence of that section, ``under 
     subsection (t) of the ADVANCE Act of 2023'' shall be 
     substituted for ``under this subsection''.
       (6) Statute of limitations.--If a remedial action described 
     in paragraph (3)(B) is scheduled at an eligible non-NPL site, 
     no action may be commenced for damages (as defined in section 
     101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) 
     with respect to that eligible non-NPL site unless the action 
     is commenced within the timeframe provided for such actions 
     with respect to facilities on the National Priorities List in 
     the first sentence of the matter following subparagraph (B) 
     of section 113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
       (7) Coordination.--The Administrator shall coordinate with 
     the Indian Tribe on whose land the applicable site is located 
     in--
       (A) selecting and prioritizing sites for response actions 
     under subparagraphs (A) and (B) of paragraph (3); and
       (B) carrying out those response actions.
       (u) Development, Qualification, and Licensing of Advanced 
     Nuclear Fuel Concepts.--
       (1) In general.--The Commission shall establish an 
     initiative to enhance preparedness and coordination with 
     respect to the qualification and licensing of advanced 
     nuclear fuel.
       (2) Agency coordination.--Not later than 180 days after the 
     date of enactment of this Act, the Commission and the 
     Secretary of Energy shall enter into a memorandum of 
     understanding--
       (A) to share technical expertise and knowledge through--
       (i) enabling the testing and demonstration of accident 
     tolerant fuels for existing commercial nuclear reactors and 
     advanced nuclear reactor fuel concepts to be proposed and 
     funded, in whole or in part, by the private sector;
       (ii) operating a database to store and share data and 
     knowledge relevant to nuclear science and engineering between 
     Federal agencies and the private sector;
       (iii) leveraging expertise with respect to safety analysis 
     and research relating to advanced nuclear fuel; and
       (iv) enabling technical staff to actively observe and learn 
     about technologies, with an emphasis on identification of 
     additional information needed with respect to advanced 
     nuclear fuel; and
       (B) to ensure that--
       (i) the Department of Energy has sufficient technical 
     expertise to support the timely research, development, 
     demonstration, and commercial application of advanced nuclear 
     fuel;
       (ii) the Commission has sufficient technical expertise to 
     support the evaluation of applications for licenses, permits, 
     and design certifications and other requests for regulatory 
     approval for advanced nuclear fuel;
       (iii)(I) the Department of Energy maintains and develops 
     the facilities necessary to enable the timely research, 
     development, demonstration, and commercial application by the 
     civilian nuclear industry of advanced nuclear fuel; and
       (II) the Commission has access to the facilities described 
     in subclause (I), as needed; and
       (iv) the Commission consults, as appropriate, with the 
     modeling and simulation experts at the Office of Nuclear 
     Energy of the Department of Energy, at the National 
     Laboratories, and within industry fuel vendor teams in 
     cooperative agreements with the Department of Energy to 
     leverage physics-based computer modeling and simulation 
     capabilities.
       (3) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     efforts of the Commission under paragraph (1), including--
       (i) an assessment of the preparedness of the Commission to 
     review and qualify for use--

       (I) accident tolerant fuel;
       (II) ceramic cladding materials;
       (III) fuels containing silicon carbide;
       (IV) high-assay, low-enriched uranium fuels;
       (V) molten-salt based liquid fuels;
       (VI) fuels derived from spent nuclear fuel or depleted 
     uranium; and
       (VII) other related fuel concepts, as determined by the 
     Commission;

       (ii) activities planned or undertaken under the memorandum 
     of understanding described in paragraph (2);
       (iii) an accounting of the areas of research needed with 
     respect to advanced nuclear fuel; and
       (iv) any other challenges or considerations identified by 
     the Commission.
       (B) Consultation.--In developing the report under 
     subparagraph (A), the Commission shall seek input from--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the nuclear energy industry;
       (iv) technology developers;
       (v) nongovernmental organizations; and
       (vi) other public stakeholders.
       (v) Commission Workforce.--

[[Page S2594]]

       (1) Definition of chairman.--In this subsection, the term 
     ``Chairman'' means the Chairman of the Commission.
       (2) Hiring bonus and appointment authority.--
       (A) In general.--Notwithstanding section 161 d. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision 
     of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 
     app.), and any provision of title 5, United States Code, 
     governing appointments and General Schedule classification 
     and pay rates, the Chairman may, subject to the limitations 
     described in subparagraph (C), and without regard to the 
     civil service laws--
       (i) establish the positions described in subparagraph (B); 
     and
       (ii) appoint persons to the positions established under 
     clause (i).
       (B) Positions described.--The positions referred to in 
     subparagraph (A)(i) are--
       (i) permanent or term-limited positions with highly 
     specialized scientific, engineering, and technical 
     competencies to address a critical licensing or regulatory 
     oversight need for the Commission, including--

       (I) health physicist;
       (II) reactor operations engineer;
       (III) human factors analyst or engineer;
       (IV) risk and reliability analyst or engineer;
       (V) licensing project manager;
       (VI) reactor engineer for severe accidents;
       (VII) geotechnical engineer;
       (VIII) structural engineer;
       (IX) reactor systems engineer;
       (X) reactor engineer;
       (XI) radiation scientist;
       (XII) seismic engineer; and
       (XIII) electronics engineer; or

       (ii) permanent or term-limited positions to be filled by 
     exceptionally well-qualified individuals that the Chairman, 
     subject to paragraph (5), determines are necessary to fulfill 
     the mission of the Commission.
       (C) Limitations.--
       (i) In general.--Appointments under subparagraph (A)(ii) 
     may be made to not more than--

       (I)(aa) 15 permanent positions described in subparagraph 
     (B)(i) during fiscal year 2024; and
       (bb) 10 permanent positions described in subparagraph 
     (B)(i) during each fiscal year thereafter;
       (II)(aa) 15 term-limited positions described in 
     subparagraph (B)(i) during fiscal year 2024; and
       (bb) 10 term-limited positions described in subparagraph 
     (B)(i) during each fiscal year thereafter;
       (III)(aa) 15 permanent positions described in subparagraph 
     (B)(ii) during fiscal year 2024; and
       (bb) 10 permanent positions described in subparagraph 
     (B)(ii) during each fiscal year thereafter; and
       (IV)(aa) 15 term-limited positions described in 
     subparagraph (B)(ii) during fiscal year 2024; and
       (bb) 10 term-limited positions described in subparagraph 
     (B)(ii) during each fiscal year thereafter.

       (ii) Term of term-limited appointment.--If a person is 
     appointed to a term-limited position described in clause (i) 
     or (ii) of subparagraph (B), the term of that appointment 
     shall not exceed 4 years.
       (iii) Staff positions.--Subject to paragraph (5), 
     appointments made to positions established under this 
     paragraph shall be to a range of staff positions that are of 
     entry, mid, and senior levels, to the extent practicable.
       (D) Hiring bonus.--The Commission may pay a person 
     appointed under subparagraph (A) a 1-time hiring bonus in an 
     amount not to exceed the least of--
       (i) $25,000;
       (ii) the amount equal to 15 percent of the annual rate of 
     basic pay of the employee; and
       (iii) the amount of the limitation that is applicable for a 
     calendar year under section 5307(a)(1) of title 5, United 
     States Code.
       (3) Compensation and appointment authority.--
       (A) In general.--Notwithstanding section 161 d. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision 
     of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 
     app.), and chapter 51, and subchapter III of chapter 53, of 
     title 5, United States Code, the Chairman, subject to the 
     limitations described in subparagraph (C) and without regard 
     to the civil service laws, may--
       (i) establish and fix the rates of basic pay for the 
     positions described in subparagraph (B); and
       (ii) appoint persons to the positions established under 
     clause (i).
       (B) Positions described.--The positions referred to in 
     subparagraph (A)(i) are--
       (i) positions with highly specialized scientific, 
     engineering, and technical competencies to address a critical 
     need for the Commission, including--

       (I) health physicist;
       (II) reactor operations engineer;
       (III) human factors analyst or engineer;
       (IV) risk and reliability analyst or engineer;
       (V) licensing project manager;
       (VI) reactor engineer for severe accidents;
       (VII) geotechnical engineer;
       (VIII) structural engineer;
       (IX) reactor systems engineer;
       (X) reactor engineer;
       (XI) radiation scientist;
       (XII) seismic engineer; and
       (XIII) electronics engineer; or

       (ii) positions to be filled by exceptionally well-qualified 
     persons that the Chairman, subject to paragraph (5), 
     determines are necessary to fulfill the mission of the 
     Commission.
       (C) Limitations.--
       (i) In general.--The annual rate of basic pay for a 
     position described in subparagraph (B) may not exceed the per 
     annum rate of salary payable for level III of the Executive 
     Schedule under section 5314 of title 5, United States Code.
       (ii) Number of positions.--Appointments under subparagraph 
     (A)(ii) may be made to not more than--

       (I) 10 positions described in subparagraph (B)(i) per 
     fiscal year, not to exceed a total of 50 positions; and
       (II) 10 positions described in subparagraph (B)(ii) per 
     fiscal year, not to exceed a total of 50 positions.

       (D) Performance bonus.--
       (i) In general.--Subject to clauses (ii) and (iii), an 
     employee may be paid a 1-time performance bonus in an amount 
     not to exceed the least of--

       (I) $25,000;
       (II) the amount equal to 15 percent of the annual rate of 
     basic pay of the person; and
       (III) the amount of the limitation that is applicable for a 
     calendar year under section 5307(a)(1) of title 5, United 
     States Code.

       (ii) Performance.--Any 1-time performance bonus under 
     clause (i) shall be made to a person who demonstrated 
     exceptional performance in the applicable fiscal year, 
     including--

       (I) leading a project team in a timely, efficient, and 
     predictable licensing review to enable the safe use of 
     nuclear technology;
       (II) making significant contributions to a timely, 
     efficient, and predictable licensing review to enable the 
     safe use of nuclear technology;
       (III) the resolution of novel or first-of-a-kind regulatory 
     issues;
       (IV) developing or implementing licensing or regulatory 
     oversight processes to improve the effectiveness of the 
     Commission; and
       (V) other performance, as determined by the Chairman, 
     subject to paragraph (5).

       (iii) Limitations.--The Commission may pay a 1-time 
     performance bonus under clause (i) for not more than 15 
     persons per fiscal year, and a person who receives a 1-time 
     performance bonus under that clause may not receive another 
     1-time performance bonus under that clause for a period of 5 
     years thereafter.
       (4) Annual solicitation for nuclear regulator 
     apprenticeship network applications.--The Chairman, on an 
     annual basis, shall solicit applications for the Nuclear 
     Regulator Apprenticeship Network.
       (5) Application of merit system principles.--To the maximum 
     extent practicable, appointments under paragraphs (2)(A) and 
     (3)(A) and any 1-time performance bonus under paragraph 
     (3)(D) shall be made in accordance with the merit system 
     principles set forth in section 2301 of title 5, United 
     States Code.
       (6) Delegation.--Pursuant to Reorganization Plan No. 1 of 
     1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall 
     delegate, subject to the direction and supervision of the 
     Chairman, the authority provided by paragraphs (2), (3), and 
     (4) to the Executive Director for Operations of the 
     Commission.
       (7) Annual report.--The Commission shall include in the 
     annual budget justification of the Commission--
       (A) information that describes--
       (i) the total number of and the positions of the persons 
     appointed under the authority provided by paragraph (2);
       (ii) the total number of and the positions of the persons 
     paid at the rate determined under the authority provided by 
     paragraph (3)(A);
       (iii) the total number of and the positions of the persons 
     paid a 1-time performance bonus under the authority provided 
     by paragraph (3)(D);
       (iv) how the authority provided by paragraphs (2) and (3) 
     is being used, and has been used during the previous fiscal 
     year, to address the hiring and retention needs of the 
     Commission with respect to the positions described in those 
     subsections to which that authority is applicable;
       (v) if the authority provided by paragraphs (2) and (3) is 
     not being used, or has not been used, the reasons, including 
     a justification, for not using that authority; and
       (vi) the attrition levels with respect to the term-limited 
     appointments made under paragraph (2), including, with 
     respect to persons leaving a position before completion of 
     the applicable term of service, the average length of service 
     as a percentage of the term of service;
       (B) an assessment of--
       (i) the current critical workforce needs of the Commission, 
     including any critical workforce needs that the Commission 
     anticipates in the subsequent 5 fiscal years; and
       (ii) further skillsets that are or will be needed for the 
     Commission to fulfill the licensing and oversight 
     responsibilities of the Commission; and
       (C) the plans of the Commission to assess, develop, and 
     implement updated staff performance standards, training 
     procedures, and schedules.
       (8) Report on attrition and effectiveness.--Not later than 
     September 30, 2032, the Commission shall submit to the 
     Committees on Appropriations and Environment and Public Works 
     of the Senate and the Committees on Appropriations and Energy 
     and Commerce of the House of Representatives a report that--

[[Page S2595]]

       (A) describes the attrition levels with respect to the 
     term-limited appointments made under paragraph (2), 
     including, with respect to persons leaving a position before 
     completion of the applicable term of service, the average 
     length of service as a percentage of the term of service;
       (B) provides the views of the Commission on the 
     effectiveness of the authorities provided by paragraphs (2) 
     and (3) in helping the Commission fulfill the mission of the 
     Commission; and
       (C) makes recommendations with respect to whether the 
     authorities provided by paragraphs (2) and (3) should be 
     continued, modified, or discontinued.
       (w) Commission Corporate Support Funding.--
       (1) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress and make publicly 
     available a report that describes--
       (A) the progress on the implementation of section 102(a)(3) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(a)(3)); and
       (B) whether the Commission is meeting and is expected to 
     meet the total budget authority caps required for corporate 
     support under that section.
       (2) Limitation on corporate support costs.--Section 
     102(a)(3) of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215(a)(3)) is amended by striking 
     subparagraphs (B) and (C) and inserting the following:
       ``(B) 30 percent for fiscal year 2024 and each fiscal year 
     thereafter.''.
       (3) Corporate support costs clarification.--Paragraph (9) 
     of section 3 of the Nuclear Energy Innovation and 
     Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) 
     (as redesignated by subsection (g)(1)(A)) is amended--
       (A) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (B) by adding at the end the following:
       ``(B) Exclusions.--The term `corporate support costs' does 
     not include--
       ``(i) costs for rent and utilities relating to any and all 
     space in the Three White Flint North building that is not 
     occupied by the Commission; or
       ``(ii) costs for salaries, travel, and other support for 
     the Office of the Commission.''.
       (x) Performance and Reporting Update.--Section 102(c) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(c)) is amended--
       (1) in paragraph (3)--
       (A) in the paragraph heading, by striking ``180'' and 
     inserting ``90''; and
       (B) by striking ``180'' and inserting ``90''; and
       (2) by adding at the end the following:
       ``(4) Periodic updates to metrics and schedules.--
       ``(A) Review and assessment.--Not less frequently than once 
     every 3 years, the Commission shall review and assess, based 
     on the licensing and regulatory activities of the Commission, 
     the performance metrics and milestone schedules established 
     under paragraph (1).
       ``(B) Revisions.--After each review and assessment under 
     subparagraph (A), the Commission shall revise and improve, as 
     appropriate, the performance metrics and milestone schedules 
     described in that subparagraph to provide the most efficient 
     metrics and schedules reasonably achievable.''.
       (y) Nuclear Closure Communities.--
       (1) Definitions.--In this subsection:
       (A) Community advisory board.--The term ``community 
     advisory board'' means a community committee or other 
     advisory organization that aims to foster communication and 
     information exchange between a licensee planning for and 
     involved in decommissioning activities and members of the 
     community that decommissioning activities may affect.
       (B) Decommission.--The term ``decommission'' has the 
     meaning given the term in section 50.2 of title 10, Code of 
     Federal Regulations (or successor regulations).
       (C) Eligible recipient.--The term ``eligible recipient'' 
     has the meaning given the term in section 3 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3122).
       (D) Licensee.--The term ``licensee'' has the meaning given 
     the term in section 50.2 of title 10, Code of Federal 
     Regulations (or successor regulations).
       (E) Nuclear closure community.--The term ``nuclear closure 
     community'' means a unit of local government, including a 
     county, city, town, village, school district, or special 
     district, that has been impacted, or reasonably demonstrates 
     to the satisfaction of the Secretary that it will be 
     impacted, by a nuclear power plant licensed by the Commission 
     that--
       (i) is not co-located with an operating nuclear power 
     plant;
       (ii) is at a site with spent nuclear fuel; and
       (iii) as of the date of enactment of this Act--

       (I) has ceased operations; or
       (II) has provided a written notification to the Commission 
     that it will cease operations.

       (F) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Assistant Secretary of 
     Commerce for Economic Development.
       (2) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     grant program to provide grants to eligible recipients--
       (A) to assist with economic development in nuclear closure 
     communities; and
       (B) to fund community advisory boards in nuclear closure 
     communities.
       (3) Requirement.--In carrying out this subsection, to the 
     maximum extent practicable, the Secretary shall implement the 
     recommendations described in the report submitted to Congress 
     under section 108 of the Nuclear Energy Innovation and 
     Modernization Act (Public Law 115-439; 132 Stat. 5577) 
     entitled ``Best Practices for Establishment and Operation of 
     Local Community Advisory Boards Associated with 
     Decommissioning Activities at Nuclear Power Plants''.
       (4) Distribution of funds.--The Secretary shall establish a 
     formula to ensure, to the maximum extent practicable, 
     geographic diversity among grant recipients under this 
     subsection.
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Secretary--
       (i) to carry out paragraph (2)(A), $35,000,000 for each of 
     fiscal years 2023 through 2028; and
       (ii) to carry out paragraph (2)(B), $5,000,000 for each of 
     fiscal years 2023 through 2025.
       (B) Availability.--Amounts made available under this 
     subsection shall remain available for a period of 5 years 
     beginning on the date on which the amounts are made 
     available.
       (C) No offset.--None of the funds made available under this 
     subsection may be used to offset the funding for any other 
     Federal program.
       (z) Technical Correction.--Section 104 c. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
       (1) by striking the third sentence and inserting the 
     following:
       ``(3) Limitation on utilization facilities.--The Commission 
     may issue a license under this section for a utilization 
     facility useful in the conduct of research and development 
     activities of the types specified in section 31 if--
       ``(A) not more than 75 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale, other than for research and development or 
     education and training, of--
       ``(i) nonenergy services;
       ``(ii) energy; or
       ``(iii) a combination of nonenergy services and energy; and
       ``(B) not more than 50 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale of energy.'';
       (2) in the second sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(2) Regulation.--The Commission''; and
       (3) by striking ``c. The Commission'' and inserting the 
     following:
       ``c. Research and Development Activities.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Commission''.
       (aa) Report on Engagement With the Government of Canada 
     With Respect to Nuclear Waste Issues in the Great Lakes 
     Basin.--Not later than 1 year after the date of enactment of 
     this Act, the Commission shall submit to Congress a report 
     describing any engagement between the Commission and the 
     Government of Canada with respect to nuclear waste issues in 
     the Great Lakes Basin.
                                 ______
                                 
  SA 423. Mr. MARSHALL 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. ___. COMBATING CHINESE LAW ENFORCEMENT ACTIVITIES IN THE 
                   UNITED STATES.

       (a) FBI Hotline.--The Director of the Federal Bureau of 
     Investigation shall establish a hotline to receive anonymous 
     tips about any person who is, on behalf of the Government of 
     China or the Chinese Communist Party, surveilling, harassing, 
     intimidating, or coercing another person, or performing law 
     enforcement activities, in the United States, including by 
     coercing current or former Chinese nationals to return to 
     China.
       (b) Criminal Prohibition on Performing Functions of Law 
     Enforcement Agency on Behalf of Government of China or 
     Chinese Communist Party.--
       (1) In general.--Chapter 45 of title 18, United States 
     Code, is amended by inserting after section 967 the 
     following:

     ``Sec. 968. Performing functions of law enforcement agency on 
       behalf of Government of China or Chinese Communist Party

       ``(a) Offense.--It shall be unlawful for any person in the 
     United States, on behalf of the Government of China or the 
     Chinese Communist Party, to--
       ``(1) perform any function of a law enforcement agency; or
       ``(2) engage in surveillance, harassment, intimidation, or 
     coercion of another person in the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title,

[[Page S2596]]

     imprisoned not more than 10 years, or both.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 45 of title 18, United States Code, is 
     amended by inserting after the item relating to section 967 
     the following:

``968. Performing functions of law enforcement agency on behalf of 
              Government of China or Chinese Communist Party.''.
                                 ______
                                 
  SA 424. Mr. MARSHALL 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__. REVOCATION OF DESIGNATION AS FOREIGN TERRORIST 
                   ORGANIZATION.

       Section 219(a) of the Immigration and Nationality Act (8 
     U.S.C. 1189(a)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking ``paragraph (5) or 
     (6)'' and inserting ``subparagraph (A) or (B) of paragraph 
     (5)''; and
       (B) in subparagraph (C)(i), by striking ``paragraph (6)'' 
     and inserting ``paragraph (5)(B)'';
       (2) by striking paragraphs (5) through (7) and inserting 
     the following:
       ``(5) Revocation.--
       ``(A) By an act of congress.--The Congress, by an Act of 
     Congress, may block or revoke a designation made under 
     paragraph (1).
       ``(B) Based on change in circumstances.--
       ``(i) In general.--Subject to clauses (ii) and (iii), the 
     Secretary shall revoke a designation made under paragraph (1) 
     with respect to a particular organization if the Secretary 
     determines, after completing a review in accordance with 
     subparagraph (B) or (C) of paragraph (4), that--

       ``(I) the circumstances that were the basis for the 
     designation have changed in such a manner as to warrant such 
     revocation; or
       ``(II) the national security of the United States warrants 
     such revocation.

       ``(ii) Effective date.--A revocation under this 
     subparagraph may not take effect before the date that is 45 
     days after the date on which the Secretary, by classified 
     communication, submits written notification to the Speaker 
     and the minority leader of the House of Representatives, the 
     President pro tempore, the majority leader and the minority 
     leader of the Senate, and the members of the relevant 
     committees of the House of Representatives and the Senate, in 
     writing, of the Secretary's determination under clause (i), 
     including the justification for such determination.
       ``(C) Joint resolution.--
       ``(i) In general.--A revocation under subparagraph (B) 
     shall not take effect with respect to a particular 
     organization if Congress, during the 45-day period beginning 
     on the date on which the Secretary notifies Congress pursuant 
     to clause (ii), enacts a joint resolution containing the 
     following statement after the resolving clause: `That the 
     proposed revocation of the designation of ____________ as a 
     foreign terrorist organization under section 219(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a)(1)) 
     pursuant to the notification submitted to the Congress on 
     ________ is prohibited.', with the first blank to be 
     completed with the name of the foreign terrorist organization 
     that is the subject of such proposed revocation and the 
     second blank to be completed with the appropriate date.
       ``(ii) Expedited procedures.--A joint resolution described 
     in clause (i) and introduced within the appropriate 45-day 
     period shall be considered in the Senate and in the House of 
     Representatives in accordance with the procedures set forth 
     in clauses (iii) through (x).
       ``(iii) Committee referral.--A joint resolution described 
     in clause (i) that is introduced in the House of 
     Representatives shall be referred to the Committee on Foreign 
     Affairs of the House of Representatives. A joint resolution 
     described in subclause (I) that is introduced in the Senate 
     shall be referred to the Committee on Foreign Relations of 
     the Senate. Such a resolution may not be reported before the 
     eighth day after its introduction.
       ``(iv) Discharge.--If the committee to which a joint 
     resolution described in clause (i) is referred does not 
     report such resolution (or an identical resolution) within 15 
     days after its introduction--

       ``(I) such committee shall be discharged from further 
     consideration of such resolution; and
       ``(II) such resolution shall be placed on the appropriate 
     calendar of the House involved.

       ``(v) Privileged motion.--When the committee to which a 
     resolution is referred has reported, or has been deemed to be 
     discharged from further consideration of, a resolution 
     described in clause (i), notwithstanding any rule or 
     precedent of the Senate, including Rule 22, it is at any time 
     thereafter in order (even if a previous motion to the same 
     effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution, and all points of order against the 
     resolution (and against consideration of the resolution) are 
     waived. The motion is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which such motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the resolution shall remain 
     the unfinished business of the respective House until 
     disposed.
       ``(vi) Debate.--Debate on a joint resolution described in 
     clause (i), and on all debatable motions and appeals in 
     connection therewith, shall be limited to not more than 10 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution. A motion to further limit 
     debate is in order and not debatable. An amendment to the 
     joint resolution, a motion to postpone, a motion to proceed 
     to the consideration of other business, or a motion to 
     recommit the resolution is not in order. A motion to 
     reconsider the vote by which the resolution is agreed to or 
     disagreed to is not in order.
       ``(vii) Vote.--Immediately following the conclusion of the 
     debate on a joint resolution described in clause (i), and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the resolution shall 
     occur.
       ``(viii) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or of 
     the House of Representatives, as the case may be, to the 
     procedure relating to a joint resolution described in clause 
     (i) shall be decided without debate.
       ``(ix) Procedures.--If, before the passage by the Senate of 
     a joint resolution of the Senate described in clause (i), the 
     Senate receives a joint resolution described in clause (i) 
     from the House of Representatives--

       ``(I) the resolution of the House of Representatives shall 
     not be referred to a committee;
       ``(II) with respect to a joint resolution of the Senate 
     described in clause (i)--

       ``(aa) the procedure in the Senate shall be the same as if 
     not resolution had been received from the House of 
     Representatives; and
       ``(bb) the vote on final passage shall be on the resolution 
     of the House of Representatives; and

       ``(III) upon disposition of the joint resolution received 
     from the House of Representatives, it shall no longer be in 
     order to consider the joint resolution that originated in the 
     Senate.

       ``(x) Senate action.--If the Senate receives a joint 
     resolution described in clause (i) from the House of 
     Representatives after the Senate has disposed of a joint 
     resolution described in clause (i) that originated in the 
     Senate, the action of the Senate regarding the disposition of 
     the Senate originated resolution shall be deemed to be the 
     action of the Senate with regard to the joint resolution that 
     originated in the House of Representatives.
       ``(D) Effect of revocation.--The revocation of a 
     designation under this paragraph shall not affect any action 
     or proceeding based on conduct committed before the effective 
     date of such revocation.''; and
       (3) by redesignating paragraph (8) as paragraph (6).
                                 ______
                                 
  SA 425. 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 appropriate place in title VI, insert the following:

     SEC. 6__. REPORT ON CREDIT AND DEBIT CARD USER FEES IMPOSED 
                   ON VETERANS AND CAREGIVERS AT COMMISSARY STORES 
                   AND MORALE, WELFARE, AND RECREATION FACILITIES.

       (a) In General.--Not 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 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 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 on 
     behalf of commissary stores and MWR facilities to credit and 
     debit card networks and issuers.

[[Page S2597]]

       (3) An identification of all credit and debit card networks 
     to which fees described in paragraph (2) were paid.
       (4) An identification of the 10 credit card issuers and the 
     10 debit card issuers which received 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.
       (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 426. Ms. HASSAN (for herself, Ms. Murkowski, Mr. Moran, Mr. 
Fetterman, Mrs. Shaheen, and 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. PARENTAL LEAVE PARITY FOR MEMBERS OF RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       (a) Parental Leave.--
       (1) In general.--Chapter 40 of title 10, United States 
     Code, is amended by inserting after section 710 the following 
     new section:

     ``Sec. 710a. Parental leave for members of certain reserve 
       components of the armed forces

       ``(a)(1) Under regulations prescribed by the Secretary of 
     Defense, a member of a reserve component of the armed forces 
     described in subsection (b) is allowed parental leave to care 
     for a child for a duration of up to 12 inactive-duty training 
     periods, under section 206 of title 37, during the one-year 
     period beginning after one of the following events:
       ``(A) The birth or adoption of a child of the member.
       ``(B) The placement of a minor child with the member for 
     adoption or long-term foster care.
       ``(2)(A) The Secretary concerned, under uniform regulations 
     to be prescribed by the Secretary of Defense, may authorize 
     parental leave described in paragraph (1) to be taken after 
     the one-year period described in that paragraph in the case 
     of a member described in subsection (b) who, except for this 
     subparagraph, would lose unused parental leave at the end of 
     the one-year period described in paragraph (1) as a result 
     of--
       ``(i) operational requirements;
       ``(ii) professional military education obligations; or
       ``(iii) other circumstances that the Secretary determines 
     reasonable and appropriate.
       ``(B) The regulations prescribed under subparagraph (A) 
     shall require that any parental leave authorized to be taken 
     under that subparagraph after the one-year period described 
     in paragraph (1) shall be taken within a reasonable period of 
     time, as determined by the Secretary of Defense, after 
     cessation of the circumstances warranting the extended 
     deadline.
       ``(b) A member described in this subsection is--
       ``(1) a member of the Selected Reserve who is entitled to 
     compensation under section 206 of title 37; or
       ``(2) a member of the Individual Ready Reserve who is 
     entitled to compensation under section 206 of title 37 when 
     attending or participating in a sufficient number of periods 
     of inactive-duty training during a year to count the year as 
     a qualifying year of creditable service toward eligibility 
     for retired pay under chapter 1223.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 40 of such title is amended by inserting 
     after the item relating to section 710 the following new 
     item:

``710a. Parental leave for members of certain reserve components of the 
              armed forces.''.
       (b) Compensation.--Section 206(a)(4) of title 37, United 
     States Code, is amended to read as follows:
       ``(4) for a regular period of instruction, period of 
     appropriate duty, or such other equivalent training, 
     instruction, duty, or appropriate duty that the member would 
     be required to perform but does not perform because the 
     member was authorized to take parental leave pursuant to 
     section 710a of title 10.''.
       (c) Contribution of Leave Toward Entitlement to Retired 
     Pay.--Section 12732(a)(2)(G) of title 10, United States Code, 
     is amended to read as follows:
       ``(G) One point for each inactive-duty training period, 
     under section 206 of title 37, during which the member is on 
     parental leave under section 710a of this title.''.
       (d) Conforming Repeal.--Section 602(b) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 12732 note) 
     is repealed.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act and apply with respect to periods of 
     parental leave that commence on or after that date.
                                 ______
                                 
  SA 427. Mr. KAINE (for himself and 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 XII, insert the 
     following:

     SEC. __. REPEALS OF AUTHORIZATIONS FOR MILITARY FORCE.

       (a) Repeal of Authorization for Use of Military Force 
     Against Iraq Resolution.--The Authorization for Use of 
     Military Force Against Iraq Resolution (Public Law 102-1; 105 
     Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
       (b) Repeal of Authorization for Use of Military Force 
     Against Iraq Resolution of 2002.--The Authorization for Use 
     of Military Force Against Iraq Resolution of 2002 (Public Law 
     107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby 
     repealed.
                                 ______
                                 
  SA 428. Mr. KAINE 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 X, add the following:

     SEC. 560A. INCREASE IN NUMBER OF INDIVIDUALS FROM THE 
                   DISTRICT OF COLUMBIA WHO MAY BE APPOINTED TO 
                   MILITARY SERVICE ACADEMIES.

       (a) United States Military Academy.--Section 7442(a)(5) of 
     title 10, United States Code, is amended by striking ``Five'' 
     and inserting ``Fifteen''.
       (b) United States Naval Academy.--Section 8454(a)(5) of 
     title 10, United States Code, is amended by striking ``Five'' 
     and inserting ``Fifteen''.
       (c) United States Air Force Academy.--Section 9442(a)(5) of 
     title 10, United States Code, is amended by striking ``Five'' 
     and inserting ``Fifteen''.
                                 ______
                                 
  SA 429. Mr. KAINE 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 XII, add the following:

             Subtitle H--Limitation on Withdrawal From NATO

     SEC. 1299O. OPPOSITION OF CONGRESS TO SUSPENSION, 
                   TERMINATION, DENUNCIATION, OR WITHDRAWAL FROM 
                   NORTH ATLANTIC TREATY.

       The President shall not suspend, terminate, denounce, or 
     withdraw the United States from the North Atlantic Treaty, 
     done at Washington, DC, April 4, 1949, except by and with the 
     advice and consent of the Senate, provided that two-thirds of 
     the Senators present concur, or pursuant to an Act of 
     Congress.

     SEC. 1299P. LIMITATION ON THE USE OF FUNDS.

       No funds authorized or appropriated by any Act may be used 
     to support, directly or indirectly, any decision on the part 
     of any United States Government official to suspend, 
     terminate, denounce, or withdraw the United States from the 
     North Atlantic Treaty, done at Washington, DC, April 4, 1949, 
     until such time as both the Senate and the House of 
     Representatives pass, by an affirmative vote of two-thirds of 
     Members, a joint resolution approving the withdrawal of the 
     United States from the treaty, or pursuant to an Act of 
     Congress.

     SEC. 1299Q. NOTIFICATION OF TREATY ACTION.

       (a) Consultation.--Prior to the notification described in 
     subsection (b), the President shall consult with the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     in relation to any initiative to suspend, terminate, 
     denounce, or withdraw the United States from the North 
     Atlantic Treaty.
       (b) Notification.--The President shall notify the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives in writing of 
     any deliberation or decision to suspend, terminate, denounce, 
     or withdraw

[[Page S2598]]

     the United States from the North Atlantic Treaty, as soon as 
     possible but in no event later than 180 days prior to taking 
     such action.

     SEC. 1299R. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT 
                   CONGRESS.

       (a) In General.--By adoption of a resolution of the Senate 
     or the House of Representatives, respectively, the Senate 
     Legal Counsel or the General Counsel to the House of 
     Representatives may be authorized to initiate, or intervene 
     in, in the name of the Senate or the House of 
     Representatives, as the case may be, independently, or 
     jointly, any judicial proceedings in any Federal court of 
     competent jurisdiction in order to oppose any action to 
     suspend, terminate, denounce, or withdraw the United States 
     from the North Atlantic Treaty in a manner inconsistent with 
     this subtitle.
       (b) Consideration.--Any resolution or joint resolution 
     introduced relating to any action to suspend, terminate, 
     denounce or withdraw the United States from the North 
     Atlantic Treaty and introduced pursuant to section 4(a) of 
     this title shall be considered in accordance with the 
     procedures of section 601(b) of the International Security 
     Assistance and Arms Export Control Act of 1976 (Public Law 
     94-329; 90 Stat. 765).

     SEC. 1299S. REPORTING REQUIREMENT.

       Any legal counsel operating pursuant to section 1299R shall 
     report as soon as practicable to the Committee on Foreign 
     Relations of the Senate or the Committee on Foreign Affairs 
     of the House of Representatives with respect to any judicial 
     proceedings which the Senate Legal Counsel or the General 
     Counsel to the House of Representatives, as the case may be, 
     initiates or in which it intervenes pursuant to section 
     1299R.

     SEC. 1299T. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to authorize, 
     imply, or otherwise indicate that the President may suspend, 
     terminate, denounce, or withdraw from any treaty to which the 
     Senate has provided its advice and consent without the advice 
     and consent of the Senate to such act or pursuant to an Act 
     of Congress.

     SEC. 1299U. SEVERABILITY.

       If any provision of this subtitle or the application of 
     such provision is held by a Federal court to be 
     unconstitutional, the remainder of this subtitle and the 
     application of such provisions to any other person or 
     circumstance shall not be affected thereby.

     SEC. 1299V. DEFINITIONS.

       In this subtitle, the terms ``withdrawal'', 
     ``denunciation'', ``suspension'', and ``termination'' have 
     the meaning given the terms in the Vienna Convention on the 
     Law of Treaties, concluded at Vienna May 23, 1969.
                                 ______
                                 
  SA 430. Mr. KAINE 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 _--Caribbean Basin Security Initiative

     SEC. _1. SHORT TITLE.

       This subtitle may be cited as the ``Caribbean Basin 
     Security Initiative Authorization Act''.

     SEC. _2. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Beneficiary countries.--The term ``beneficiary 
     countries'' means--
       (A) Antigua and Barbuda;
       (B) the Bahamas;
       (C) Barbados;
       (D) Dominica;
       (E) the Dominican Republic;
       (F) Grenada;
       (G) Guyana;
       (H) Jamaica;
       (I) Saint Lucia;
       (J) Saint Kitts and Nevis,;
       (K) Saint Vincent and the Grenadines;
       (L) Suriname; and
       (M) Trinidad and Tobago.

     SEC. _3. AUTHORIZATION FOR THE CARIBBEAN BASIN SECURITY 
                   INITIATIVE.

       (a) Authorization for the Caribbean Basin Security 
     Initiative.--The Secretary of State and the Administrator of 
     the United States Agency for International Development may 
     carry out an initiative, to be known as the ``Caribbean Basin 
     Security Initiative'', in beneficiary countries to achieve 
     the purposes described in subsection (b).
       (b) Purposes.--The purposes described in this subsection 
     are the following:
       (1) To promote citizen safety, security, and the rule of 
     law in the Caribbean through increased strategic engagement 
     with--
       (A) the governments of beneficiary countries; and
       (B) elements of local civil society, including the private 
     sector, in such countries.
       (2) To counter transnational criminal organizations and 
     local gangs in beneficiary countries, including through--
       (A) maritime and aerial security cooperation, including--
       (i) assistance to strengthen capabilities of maritime and 
     aerial interdiction operations in the Caribbean; and
       (ii) the provision of support systems and equipment, 
     training, and maintenance;
       (B) cooperation on border and port security, including 
     support to strengthen capacity for screening and intercepting 
     narcotics, weapons, bulk cash, and other contraband at 
     airports and seaports; and
       (C) capacity building and the provision of equipment and 
     support for operations targeting--
       (i) the finances and illegal activities of such 
     organizations and gangs; and
       (ii) the recruitment by such organizations and gangs of at-
     risk youth.
       (3) To advance law enforcement and justice sector capacity 
     building and rule of law initiatives in beneficiary 
     countries, including by--
       (A) strengthening special prosecutorial offices and 
     providing technical assistance--
       (i) to combat--

       (I) corruption;
       (II) money laundering;
       (III) human, firearms, and wildlife trafficking;
       (IV) human smuggling;
       (V) financial crimes; and
       (VI) extortion; and

       (ii) to conduct asset forfeitures and criminal analysis;
       (B) supporting training for civilian police and appropriate 
     security services in criminal investigations, best practices 
     for citizen security, and the protection of human rights;
       (C) supporting capacity building for law enforcement and 
     military units, including professionalization, anti-
     corruption and human rights training, vetting, and community-
     based policing;
       (D) supporting justice sector reform and strengthening of 
     the rule of law, including--
       (i) capacity building for prosecutors, judges, and other 
     justice officials; and
       (ii) support to increase the efficacy of criminal courts; 
     and
       (E) strengthening cybersecurity and cybercrime cooperation, 
     including capacity building and support for cybersecurity 
     systems.
       (4) To promote crime prevention efforts in beneficiary 
     countries, particularly among at-risk-youth and other 
     vulnerable populations, including through--
       (A) improving community and law enforcement cooperation to 
     improve the effectiveness and professionalism of police and 
     increase mutual trust;
       (B) increasing economic opportunities for at-risk youth and 
     vulnerable populations, including through workforce 
     development training and remedial education programs for at-
     risk youth;
       (C) improving juvenile justice sectors through regulatory 
     reforms, separating youth from traditional prison systems, 
     and improving support and services in juvenile detention 
     centers; and
       (D) the provision of assistance to populations vulnerable 
     to being victims of extortion and crime by criminal networks.
       (5) To strengthen the ability of the security sector in 
     beneficiary countries to respond to and become more resilient 
     in the face of natural disasters, including by--
       (A) carrying out training exercises to ensure critical 
     infrastructure and ports are able to come back online rapidly 
     following natural disasters; and
       (B) providing preparedness training to police and first 
     responders.
       (6) To prioritize efforts to combat corruption and include 
     anti-corruption components in programs in beneficiary 
     countries, including by--
       (A) building the capacity of national justice systems and 
     attorneys general to prosecute and try acts of corruption;
       (B) increasing the capacity of national law enforcement 
     services to carry out anti-corruption investigations; and
       (C) encouraging cooperative agreements among the Department 
     of State, other relevant Federal departments and agencies, 
     and the attorneys general of relevant countries.
       (7) To promote the rule of law in beneficiary countries and 
     counter malign influence from authoritarian regimes, 
     including China, Russia, Iran, Venezuela, Nicaragua, and 
     Cuba, by--
       (A) monitoring security assistance from such authoritarian 
     regimes and taking steps necessary to ensure that such 
     assistance does not undermine or jeopardize United States 
     security assistance;
       (B) evaluating and, as appropriate, restricting the 
     involvement of the United States in investment and 
     infrastructure projects financed by authoritarian regimes 
     that might obstruct or otherwise impact United States 
     security assistance to beneficiary countries;
       (C) monitoring and restricting equipment and support from 
     high-risk vendors of telecommunications infrastructure in 
     beneficiary countries;
       (D) countering disinformation by promoting transparency and 
     accountability from beneficiary countries; and
       (E) eliminating corruption linked to investment and 
     infrastructure facilitated by authoritarian regimes through 
     support for investment screening, competitive tendering

[[Page S2599]]

     and bidding processes, the implementation of investment law, 
     and contractual transparency.
       (8) To support the effective branding and messaging of 
     United States security assistance and cooperation in 
     beneficiary countries, including by developing and 
     implementing a public diplomacy strategy for informing 
     citizens of beneficiary countries about the benefits to their 
     respective countries of United States security assistance and 
     cooperation programs.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State and the United 
     States Agency for International Development $82,000,000 for 
     each of fiscal years 2023 through 2027 to carry out the 
     Caribbean Basin Security Initiative to achieve the purposes 
     described in subsection (b).

     SEC. _4. IMPLEMENTATION PLAN.

       (a) 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, shall submit to the 
     appropriate congressional committees an implementation plan 
     that includes a timeline and stated objectives for actions to 
     be taken in beneficiary countries with respect to the 
     Caribbean Basin Security Initiative.
       (b) Elements.--The implementation plan required by 
     subsection (a) shall include the following elements:
       (1) A multi-year strategy with a timeline, overview of 
     objectives, and anticipated outcomes for the region and for 
     each beneficiary country, with respect to each purpose 
     described in section 3.
       (2) Specific, measurable benchmarks to track the progress 
     of the Caribbean Basin Security Initiative toward 
     accomplishing the outcomes included under paragraph (1).
       (3) A plan for the delineation of the roles to be carried 
     out by the Department of State, the United States Agency for 
     International Development, the Department of Justice, the 
     Department of Defense, and any other Federal department or 
     agency in carrying out the Caribbean Basin Security 
     Initiative, to prevent overlap and unintended competition 
     between activities and resources.
       (4) A plan to coordinate and track all activities carried 
     out under the Caribbean Basin Security Initiative among all 
     relevant Federal departments and agencies, in accordance with 
     the publication requirements described in section 4 of the 
     Foreign Aid Transparency and Accountability Act of 2016 (22 
     U.S.C. 2394c).
       (5) A description of the process for co-locating projects 
     of the Caribbean Basin Security Initiative funded by the 
     United States Agency for International Development and the 
     Bureau of International Narcotics and Law Enforcement Affairs 
     of the Department of State to ensure that crime prevention 
     funding and enforcement funding are used in the same 
     localities as necessary.
       (6) An assessment of steps taken, as of the date on which 
     the plan is submitted, to increase regional coordination and 
     collaboration between the law enforcement agencies of 
     beneficiary countries and the Haitian National Police, and a 
     framework with benchmarks for increasing such coordination 
     and collaboration, in order to address the urgent security 
     crisis in Haiti.
       (c) Annual Progress Update.--Not later than 1 year after 
     the date on which the implementation plan required by 
     subsection (a) is submitted, and annually thereafter, the 
     Secretary of State, in coordination with the Administrator of 
     the United States Agency for International Development, shall 
     submit to the appropriate congressional committees a written 
     description of results achieved through the Caribbean Basin 
     Security Imitative, including with respect to--
       (1) the implementation of the strategy and plans described 
     in paragraphs (1), (3), and (4) of subsection (b);
       (2) compliance with, and progress related to, meeting the 
     benchmarks described in paragraph (2) of subsection (b); and
       (3) funding statistics for the Caribbean Basin Security 
     Initiative for the preceding year, disaggregated by country.

     SEC. _5. PROGRAMS AND STRATEGY TO INCREASE NATURAL DISASTER 
                   RESPONSE AND RESILIENCE.

       (a) Programs.--During the 5-year period beginning on 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 and the President and 
     Chief Executive Officer of the Inter-American Foundation, 
     shall promote natural disaster response and resilience in 
     beneficiary countries by carrying out programs for the 
     following purposes:
       (1) Encouraging coordination between beneficiary countries 
     and relevant Federal departments and agencies to provide 
     expertise and information sharing.
       (2) Supporting the sharing of best practices on natural 
     disaster resilience, including on constructing resilient 
     infrastructure and rebuilding after natural disasters.
       (3) Improving rapid-response mechanisms and cross-
     government organizational preparedness for natural disasters.
       (b) Strategy.--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 in consultation with 
     the President and Chief Economic Officer of the Inter-
     American Foundation and nongovernmental organizations in 
     beneficiary countries and in the United States, shall submit 
     to the appropriate congressional committees a strategy that 
     incorporates specific, measurable benchmarks--
       (1) to achieve the purposes described in subsection (a); 
     and
       (2) to inform citizens of beneficiary countries about the 
     extent and benefits of United States assistance to such 
     countries.
       (c) Annual Progress Update.--Not later than 1 year after 
     the date on which the strategy required by subsection (b) is 
     submitted, and annually thereafter, the Secretary of State, 
     in coordination with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees a written description of 
     the progress made as of the date of such submission in 
     meeting the benchmarks included in the strategy.
                                 ______
                                 
  SA 431. Mr. KAINE (for himself and Mr. Warner) 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. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, 
                   VIRGINIA.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the National Aeronautics and Space 
     Administration may enter into one or more agreements with the 
     Town of Chincoteague, Virginia, to reimburse the costs of the 
     Town of Chincoteague directly associated with the removal of 
     drinking water wells located on property administered by the 
     National Aeronautics and Space Administration and the 
     establishment of alternative drinking water wells on property 
     under the administrative control, through lease, ownership, 
     or easement, of the Town of Chincoteague.
       (b) Duration.--An agreement entered into under subsection 
     (a) shall not exceed a period of 5 years.
                                 ______
                                 
  SA 432. Mr. KAINE (for himself and Mr. Boozman) 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. __. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR THE 
                   WORK OPPORTUNITY CREDIT.

       (a) In General.--Paragraph (1) of section 51(d) of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of subparagraph (I), by striking the period at the 
     end of subparagraph (J) and inserting ``, or'', and by adding 
     at the end the following new subparagraph:
       ``(K) a qualified military spouse.''.
       (b) Qualified Military Spouse.--Subsection (d) of section 
     51 of such Code is amended by adding at the end the following 
     new paragraph:
       ``(16) Qualified military spouse.--The term `qualified 
     military spouse' means any individual who is certified by the 
     designated local agency as being (as of the hiring date) a 
     spouse of a member of the Armed Forces of the United 
     States.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act to individuals who begin work for the 
     employer after such date.
                                 ______
                                 
  SA 433. Mr. DAINES 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. STUDY ON HEART COMPLICATIONS OF MEMBERS OF THE 
                   ARMED FORCES ON ACTIVE DUTY.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the number of incidents of members of the armed 
     forces developing heart complications during service on 
     active duty during the 10-year period preceding the date of 
     the enactment of this Act.
       (b) Presentation of Data.--In conducting the study under 
     subsection (a), the Secretary shall present data 
     disaggregated by--
       (1) calendar year; and
       (2) branch of the armed forces.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the

[[Page S2600]]

     Secretary shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     study conducted under subsection (a).
       (d) Definitions.--In this section, the terms ``active 
     duty'' and ``armed forces'' have the meanings given those 
     terms in section 101 of title 10, United States Code.
                                 ______
                                 
  SA 434. Mr. DAINES 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 X, add the following:

     SEC. 1049. PROHIBITION ON USE OF FUNDS FOR ADULT CABARET 
                   PERFORMANCES.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available for the Department of Defense and no 
     facilities owned or operated by Department of Defense may be 
     used to host, advertise, or otherwise support an adult 
     cabaret performance.
       (b) Adult Cabaret Performance Defined.--In this section, 
     the term ``adult cabaret performance'' means a performance 
     that features topless dancers, go-go dancers, exotic dances, 
     strippers, or male or female impersonators who provide 
     entertainment that appeals to prurient interest.
                                 ______
                                 
  SA 435. Mr. DAINES 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 VIII, add the following:

     SEC. 849. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.

       (a) In General.--
       (1) Designating certain sbir and sttr programs as 
     entrepreneurial innovation projects.--Chapter 303 of title 
     10, United States Code, is amended by inserting after section 
     4067 the following new section:

     ``SEC. 4068. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.

       ``(a) In General.--During the first fiscal year, beginning 
     after the date of the enactment of this section, and during 
     each subsequent fiscal year, each Secretary concerned, in 
     consultation with the each chief of an armed force under the 
     jurisdiction of the Secretary concerned, shall designate not 
     less than five eligible programs as Entrepreneurial 
     Innovation Projects.
       ``(b) Application.--An eligible program seeking designation 
     as an Entrepreneurial Innovation Project under this section 
     shall submit to the Secretary concerned an application at 
     such time, in such manner, and containing such information as 
     the Secretary concerned determines appropriate.
       ``(c) Designation Criteria.--In making designations under 
     subsection (a), the Secretary concerned shall consider--
       ``(1) the potential of the eligible program to--
       ``(A) advance the national security capabilities of the 
     United States;
       ``(B) provide new technologies or processes, or new 
     applications of existing technologies, that will enable new 
     alternatives to existing programs; and
       ``(C) provide future cost savings;
       ``(2) whether an advisory panel has recommended the 
     eligible program for designation; and
       ``(3) such other criteria that the Secretary concerned 
     determines to be appropriate.
       ``(d) Designation Benefits.--
       ``(1) Future years defense program inclusion.--With respect 
     to each designated program, the Secretary of Defense shall 
     include in the next future-years defense program the 
     estimated expenditures of such designated program. In the 
     preceding sentence, the term `next future-years defense 
     program' means the future-years defense program submitted to 
     Congress under section 221 of this title, after the date on 
     which such designated program is designated under subsection 
     (a).
       ``(2) Programming proposal.--Each designated program shall 
     be included by the Secretary concerned under a separate 
     heading in any programming proposals submitted to the 
     Secretary of Defense.
       ``(3) PPBE component.--Each designated program shall be 
     considered by the Secretary concerned as an integral part of 
     the planning, programming, budgeting, and execution process 
     of the Department of Defense.
       ``(e) Entrepreneurial Innovation Advisory Panels.--
       ``(1) Establishment.--For each military department, the 
     Secretary concerned shall establish an advisory panel that, 
     starting in the first fiscal year beginning after the date of 
     the enactment of this section, and in each subsequent fiscal 
     year, shall identify and recommend to the Secretary concerned 
     for designation under subsection (a) eligible programs based 
     on the criteria described in subsection (c)(1).
       ``(2) Membership.--
       ``(A) Composition.--
       ``(i) In general.--Each advisory panel shall be composed of 
     four members appointed by the Secretary concerned and one 
     member appointed by the chief of the relevant armed force 
     under the jurisdiction of the Secretary concerned.
       ``(ii) Secretary concerned appointments.--The Secretary 
     concerned shall appoint members to the advisory panel as 
     follows:

       ``(I) Three members who--

       ``(aa) have experience with private sector entrepreneurial 
     innovation, including development and implementation of such 
     innovations into well established markets; and
       ``(bb) are not employed by the Federal Government.

       ``(II) One member who is in the Senior Executive Service in 
     the acquisition workforce (as defined in section 1705 of this 
     title) of the relevant military department.

       ``(iii) Service chief appointment.--The chief of an armed 
     force under the jurisdiction of the Secretary concerned shall 
     appoint to the advisory panel one member who is a member of 
     such armed forces.
       ``(B) Terms.--
       ``(i) Private sector members.--Members described in 
     subparagraph (A)(ii)(I) shall serve for a term of three 
     years, except that of the members first appointed--

       ``(I) one shall serve a term of one year;
       ``(II) one shall serve a term of two years; and
       ``(III) one shall serve a term of three years.

       ``(ii) Federal government employees.--Members described in 
     clause (ii)(II) or (iii) of subparagraph (A) shall serve for 
     a term of two years, except that the first member appointed 
     under subparagraph (A)(iii) shall serve for a term of one 
     year.
       ``(C) Chair.--The chair for each advisory panel shall be as 
     follows:
       ``(i) For the first year of operation of each such advisory 
     panel, and every other year thereafter, the member appointed 
     under subparagraph (A)(iii).
       ``(ii) For the second year of operation of each such 
     advisory panel, and every other year thereafter, the member 
     appointed under subparagraph (A)(ii)(II).
       ``(D) Vacancies.--A vacancy in an advisory panel shall be 
     filled in the same manner as the original appointment.
       ``(E) Conflict of interest.--Members and staff of each 
     advisory panel shall disclose to the relevant Secretary 
     concerned, and such Secretary concerned shall mitigate to the 
     extent practicable, any professional or organizational 
     conflict of interest of such members or staff arising from 
     service on the advisory panel.
       ``(F) Compensation.--
       ``(i) Private sector member compensation.--Except as 
     provided in clause (ii), members of an advisory panel, and 
     the support staff of such members, shall be compensated at a 
     rate determined reasonable by the Secretary concerned and 
     shall be reimbursed in accordance with section 5703 of title 
     5, for reasonable travel costs and expenses incurred in 
     performing duties as members of an advisory panel.
       ``(ii) Prohibition on compensation of federal employees.--
     Members of an advisory panel who are full-time officers or 
     employees of the United States or Members of Congress may not 
     receive additional pay, allowances, or benefits by reason of 
     their service on an advisory panel.
       ``(3) Selection process.--
       ``(A) Initial selection.--Each advisory panel shall select 
     not less than ten eligible programs that have submitted an 
     application under subsection (b).
       ``(B) Program plans.--
       ``(i) In general.--Each eligible program selected under 
     subparagraph (A) may submit to the advisory panel that 
     selected such eligible program a program plan containing the 
     five-year goals, execution plans, schedules, and funding 
     needs of such eligible program.
       ``(ii) Support.--Each Secretary concerned shall, to the 
     greatest extent practicable, provide eligible programs 
     selected under subparagraph (A) with access to information to 
     support the development of the program plans described in 
     clause (i).
       ``(C) Final selection.--Each advisory panel shall recommend 
     to the Secretary concerned for designation under subsection 
     (a) not less than five eligible programs that submitted a 
     program plan under subparagraph (B) to such advisory panel. 
     If there are less than five such eligible programs, such 
     advisory panel may recommend to the Secretary concerned for 
     designation under subsection (a) less than five such eligible 
     programs.
       ``(4) Administrative and technical support.--The Secretary 
     concerned shall provide the relevant advisory panel with such 
     administrative support, staff, and technical assistance as 
     the Secretary concerned determines necessary for such 
     advisory panel to carry out it duties.
       ``(5) Funding.--The Secretary of Defense may use amounts 
     available from the Department of Defense Acquisition 
     Workforce Development Account established under section 1705 
     of this title to support the activities of advisory panels.
       ``(f) Revocation of Designation.--If the Secretary 
     concerned determines that a designated program cannot 
     reasonably meet the objectives of such designated program in 
     the relevant programming proposal referred to in subsection 
     (d)(2) or such objectives are irrelevant, such Secretary 
     concerned may revoke the designation.

[[Page S2601]]

       ``(g) Report to Congress.--The Secretary of Defense shall 
     submit to Congress an annual report describing each 
     designated program and the progress each designated program 
     has made toward achieving the objectives of the designated 
     program.
       ``(h) Definitions.--In this section:
       ``(1) Advisory panel.--The term `advisory panel' means an 
     advisory panel established under subsection (e)(1).
       ``(2) Designated program.--The term `designated program' 
     means an eligible program that has been designated as an 
     Entrepreneurial Innovation Project under this section.
       ``(3) Eligible program.--The term `eligible program' means 
     work performed pursuant to a Phase III agreement (as such 
     term is defined in section 9(r)(2) of the Small Business Act 
     (15 U.S.C. 638(r)(2))).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 303 of title 10, United States Code, is 
     amended by inserting after the item related to section 4067 
     the following new item:

``4068. Entrepreneurial Innovation Project designations.''.
       (b) Establishment Deadline.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretaries of 
     each military department shall establish the advisory panels 
     described in section 4068(e) of title 10, United States Code, 
     as added by subsection (a).
                                 ______
                                 
  SA 436. Mr. DAINES 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 D of title XII, insert 
     the following:

     SEC. ___. ASSERTING INTERNATIONAL RESTRICTIONS TO 
                   STRATEGICALLY HINDER INTELLIGENCE PROGRAMS ACT 
                   OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Asserting International Restrictions to Strategically 
     Hinder Intelligence Programs Act of 2023'' or the ``AIRSHIP 
     Act of 2023''.
       (b) Findings.--Congress finds the following:
       (1) On February 1, 2023, a spy balloon originating from the 
     People's Republic of China was identified over the skies of 
     Montana.
       (2) From the time the balloon entered the airspace of the 
     United States until the balloon was terminated on February 4, 
     2023, the balloon collected and transmitted data regarding 
     sensitive national security sites, such as the missile fields 
     at Malmstrom Air Force Base, Cascade County, Montana.
       (3) Following the incident the Bureau of Industry and 
     Security added 6 entities of the People's Republic of China 
     to the Entity List set forth in Supplement No. 4 to part 744 
     of the Export Administration Regulations due to support by 
     such entities for military programs of the People's Republic 
     of China related to airships and balloons.
       (4) Of the 6 entities, only 1 has been added to the Non-SDN 
     Chinese Military-Industrial Complex Companies List maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury and subject to sanctions by the Department of 
     the Treasury.
       (5) According to Executive Order 14032 (86 Fed. Reg. 30145; 
     relating to addressing the threat from securities investments 
     that finance certain companies of the People's Republic of 
     China)--
       (A) there is a ``threat posed by the military-industrial 
     complex of the People's Republic of China and its involvement 
     in military, intelligence, and security research and 
     development programs, and weapons and related equipment 
     production under'' the Military-Civil Fusion strategy of the 
     People's Republic of China; and
       (B) ``the use of Chinese surveillance technology outside 
     the PRC and the development or use of Chinese surveillance 
     tech- nology to facilitate repression or serious human rights 
     abuse constitute un- usual and extraordinary threats, which 
     have their source in whole or substan- tial part outside the 
     United States, to the national security, foreign policy, and 
     economy of the United States''.
       (6) Executive Order 14032 explicitly expands the scope of 
     Executive Order 13959 (50 U.S.C. 1701 note; relating to 
     addressing the threat from securities investments that 
     finance Communist Chinese military companies).
       (c) Inclusion of Certain Persons of the People's Republic 
     of China on Entity Lists.--
       (1) Inclusion on non-sdn chinese military-industrial 
     complex companies list.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of the 
     Treasury shall include on the Non-SDN Chinese Military-
     Industrial Complex Companies List maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury the 
     following persons:
       (A) The Beijing Nanjiang Aerospace Technology Company.
       (B) The Dongguan Lingkong Remote Sensing Technology 
     Company.
       (C) The Eagles Men Aviation Science and Technology Group 
     Company.
       (D) The Guangzhou Tian-Hai-Xiang Aviation Technology 
     Company.
       (E) The Shanxi Eagles Men Aviation Science and Technology 
     Group Company.
       (2) Inclusion on sdn list.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of the 
     Treasury shall include on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control the following persons:
       (A) Xiong Qunli, the Chairman of China Electronics 
     Technology Group Corporation.
       (B) Wu Zhe, a Chinese scientist and professor of 
     aeronautics at Beihang University.
       (C) Wang Dong, the General Manager and largest shareholder 
     of Deluxe Family.
                                 ______
                                 
  SA 437. 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, insert the following:

     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act may 
     be construed to authorize any funding to direct, coerce, or 
     compel the content moderation decisions of any interactive 
     computer service (as that term is defined in section 230(f) 
     of the Communications Act of 1934 (47 U.S.C. 230(f)) or any 
     platform through which a media organization disseminates 
     information relating to any speech protected by the 
     Constitution of the United States, without regard to whether 
     the organization disseminates that information through 
     broadcast, print, online, or any other channel, including 
     by--
       (1) removing such speech;
       (2) suppressing such speech;
       (3) removing or suspending a particular user or class of 
     users;
       (4) labeling such speech as disinformation, misinformation, 
     or false information, or by making any similar 
     characterization with respect to such speech; or
       (5) otherwise blocking, banning, deleting, deprioritizing, 
     demonetizing, deboosting, limiting the reach of, or 
     restricting access to such speech.
                                 ______
                                 
  SA 438. 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. 12__. UKRAINE AID OVERSIGHT.

       (a) Short Title.--This section may be cited as the 
     ``Ukraine Aid Oversight Act''.
       (b) Purposes.--The purposes of this section are--
       (1) to provide for the independent and objective conduct 
     and supervision of audits and investigations relating to the 
     programs and operations funded with amounts appropriated or 
     otherwise made available to Ukraine for military, economic, 
     and humanitarian aid;
       (2) to provide for the independent and objective leadership 
     and coordination of, and recommendations concerning, policies 
     designed--
       (A) to promote economic efficiency and effectiveness in the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) to prevent and detect waste, fraud, and abuse in such 
     programs and operations; and
       (3) to provide for an independent and objective means of 
     keeping the Secretary of State, the Secretary of Defense, and 
     the heads of other relevant Federal agencies fully and 
     currently informed about--
       (A) problems and deficiencies relating to the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) the necessity for, and the progress toward 
     implementing, corrective action related to such programs.
       (c) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid for ukraine.--The 
     term ``amounts appropriated or otherwise made available for 
     military, economic, or humanitarian aid for Ukraine'' means 
     amounts appropriated or otherwise made available for any 
     fiscal year--
       (A) for the Ukraine Security Assistance Initiative;
       (B) for Foreign Military Financing funding for Ukraine;
       (C) under titles III and VI of the Ukraine Supplemental 
     Appropriations Act (division N of Public Law 117-103);
       (D) under the Additional Ukraine Supplemental 
     Appropriations Act, 2022 (Public Law 117-128); and
       (E) for military, economic, or humanitarian aid for Ukraine 
     under any other provision of law.

[[Page S2602]]

       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on Appropriations of the House of 
     Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (H) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (3) Office.--The term ``Office'' means the Office of the 
     Special Inspector General for Afghanistan Reconstruction and 
     Ukraine Aid renamed under section 4(a).
       (4) Special inspector general.--The term ``Special 
     Inspector General'' means the Special Inspector General for 
     Afghanistan Reconstruction and Ukraine Aid renamed under 
     section 4(b).
       (d) Office of the Special Inspector General for Afghanistan 
     Reconstruction and Ukraine Aid.--
       (1) Expansion and renaming of office of the special 
     inspector general for afghanistan reconstruction.--Beginning 
     on the date of the enactment of this Act, the Office of the 
     Special Inspector General for Afghanistan Reconstruction--
       (A) shall be referred to as the ``Office of the Special 
     Inspector General for Afghanistan Reconstruction and Ukraine 
     Aid''; and
       (B) shall carry out the purposes described in subsection 
     (b).
       (2) Renaming of special inspector general.--Beginning on 
     the date of the enactment of this Act, the Special Inspector 
     General for Afghanistan Reconstruction shall be referred to 
     as the ``Special Inspector General for Afghanistan 
     Reconstruction and Ukraine Aid''.
       (3) Compensation.--The annual rate of basic pay of the 
     Special Inspector General shall be 3 percent higher than the 
     annual rate of basic pay provided for positions at level III 
     of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       (4) Prohibition on political activities.--For purposes of 
     section 7324 of title 5, United States Code, the Special 
     Inspector General is not an employee who determines policies 
     to be pursued by the United States in the nationwide 
     administration of Federal law.
       (5) Removal.--The Special Inspector General shall be 
     removable from office in accordance with section 403(b) of 
     title 5, United States Code.
       (6) Appointment.--If the Special Inspector General is 
     removed from office or otherwise leaves such office, the 
     President shall appoint a new Special Inspector General.
       (e) Assistant Inspectors General.--The Special Inspector 
     General shall be assisted by--
       (1) the Assistant Inspector General for Auditing appointed 
     pursuant to section 1229(d)(1) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181), 
     who shall supervise the performance of auditing activities 
     relating to programs and operations supported by amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (2) the Assistant Inspector General for Investigations 
     appointed pursuant to section 1229(d)(2) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181), who shall supervise the performance of 
     investigative activities relating to the programs and 
     operations described in paragraph (1).
       (f) Supervision.--
       (1) In general.--Except as provided in paragraph (2), the 
     Special Inspector General shall report directly to, and be 
     under the general supervision of, the Secretary of State and 
     the Secretary of Defense.
       (2) Independence to conduct investigations and audits.--No 
     officer of the Department of Defense, the Department of 
     State, the United States Agency for International 
     Development, or any other relevant Federal agency may prevent 
     or prohibit the Special Inspector General from--
       (A) initiating, carrying out, or completing any audit or 
     investigation related to amounts appropriated or otherwise 
     made available for the military, economic, and humanitarian 
     aid to Ukraine; or
       (B) issuing any subpoena during the course of any such 
     audit or investigation.
       (g) Duties.--
       (1) Oversight of military, economic, and humanitarian aid 
     to ukraine provided after february 24, 2022.--In addition to 
     any duties previously carried out as the Special Inspector 
     General for Afghanistan Reconstruction, the Special Inspector 
     General shall conduct, supervise, and coordinate audits and 
     investigations of the treatment, handling, and expenditure of 
     amounts appropriated or otherwise made available for 
     military, economic, and humanitarian aid to Ukraine, and of 
     the programs, operations, and contracts carried out utilizing 
     such funds, including--
       (A) the oversight and accounting of the obligation and 
     expenditure of such funds;
       (B) the monitoring and review of activities funded by such 
     funds;
       (C) the monitoring and review of contracts funded by such 
     funds;
       (D) the monitoring and review of the transfer of such funds 
     and associated information between and among departments, 
     agencies, and entities of the United States and private and 
     nongovernmental entities;
       (E) the maintenance of records regarding the use of such 
     funds to facilitate future audits and investigations of the 
     use of such funds;
       (F) the monitoring and review of the effectiveness of 
     United States coordination with the Government of Ukraine, 
     major recipients of Ukrainian refugees, partners in the 
     region, and other donor countries;
       (G) the investigation of overpayments (such as duplicate 
     payments or duplicate billing) and any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities; and
       (H) the referral of reports compiled as a result of such 
     investigations, as necessary, to the Department of Justice to 
     ensure further investigations, prosecutions, recovery of 
     funds, or other remedies.
       (2) Other duties related to oversight.--The Special 
     Inspector General shall establish, maintain, and oversee such 
     systems, procedures, and controls as the Special Inspector 
     General considers appropriate to discharge the duties 
     described in paragraph (1).
       (3) Consultation.--The Special Inspector General shall 
     consult with the appropriate congressional committees before 
     engaging in auditing activities outside of Ukraine.
       (4) Duties and responsibilities under inspector general act 
     of 1978.--In addition to the duties specified in paragraphs 
     (1) and (2), the Special Inspector General shall have the 
     duties and responsibilities of inspectors general under 
     chapter 4 of title 5, United States Code.
       (5) Coordination of efforts.--In carrying out the duties, 
     responsibilities, and authorities of the Special Inspector 
     General under this Act, the Special Inspector General shall 
     coordinate with, and receive cooperation from--
       (A) the Inspector General of the Department of Defense;
       (B) the Inspector General of the Department of State;
       (C) the Inspector General of the United States Agency for 
     International Development; and
       (D) the Inspector General of any other relevant Federal 
     agency.
       (h) Powers and Authorities.--
       (1) Authorities under chapter 4 of title 5, united states 
     code.--
       (A) In general.--In carrying out the duties specified in 
     subsection (g), the Special Inspector General shall have the 
     authorities provided under section 406 of title 5, United 
     States Code, including the authorities under paragraph (5) of 
     such subsection.
       (B) Retention of certain authorities.--The Special 
     Inspector General--
       (i) shall retain all of the duties, powers, and authorities 
     provided to the Special Inspector General for Afghanistan 
     Reconstruction under section 1229 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181); 
     and
       (ii) may utilize such powers and authorities as are, in the 
     judgment of the Special Inspector General, necessary to carry 
     out the duties under this section.
       (2) Audit standards.--The Special Inspector General shall 
     carry out the duties specified in subsection (g)(1) in 
     accordance with section 404(b)(1) of title 5, United States 
     Code.
       (i) Personnel, Facilities, and Other Resources.--
       (1) Personnel.--
       (A) In general.--The Special Inspector General may select, 
     appoint, and employ such officers and employees as may be 
     necessary for carrying out the duties of the Special 
     Inspector General under this section, subject to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (B) Additional authorities.--
       (i) In general.--Subject to clause (ii), the Inspector 
     General may exercise the authorities under subsections (b) 
     through (i) of section 3161 of title 5, United States Code, 
     without regard to subsection (a) of such section.
       (ii) Periods of appointments.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as authorized under clause (i)--

       (I) paragraph (2) of such subsection (relating to periods 
     of appointments) shall not apply; and
       (II) no period of appointment may extend beyond the date on 
     which the Office terminates pursuant subsection (m).

       (iii) Acquisition of competitive status.--An employee shall 
     acquire competitive status for appointment to any position in 
     the competitive service for which the employee possesses the 
     required qualifications if the employee--

       (I) completes at least 12 months of continuous service 
     after the date of the enactment of this Act; or
       (II) is employed on the date on which the Office terminates 
     pursuant to subsection (m).

       (2) Employment of experts and consultants.--The Special 
     Inspector General may obtain the services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule under section 5332 of such title.

[[Page S2603]]

       (3) Contracting authority.--To the extent and in such 
     amounts as may be provided in advance by appropriations Acts, 
     the Special Inspector General may--
       (A) enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons; and
       (B) make such payments as may be necessary to carry out the 
     duties of the Special Inspector General.
       (4) Resources.--The Secretary of State or the Secretary of 
     Defense, as appropriate, shall provide the Special Inspector 
     General with--
       (A) appropriate and adequate office space at appropriate 
     locations of the Department of State or the Department of 
     Defense, as appropriate, in Ukraine or in European partner 
     countries;
       (B) such equipment, office supplies, and communications 
     facilities and services as may be necessary for the operation 
     of such offices; and
       (C) necessary maintenance services for such offices and the 
     equipment and facilities located in such offices.
       (5) Assistance from federal agencies.--
       (A) In general.--Upon the request of the Special Inspector 
     General for information or assistance from any department, 
     agency, or other entity of the Federal Government, the head 
     of such entity, to the extent practicable and not in 
     contravention of any existing law, shall furnish such 
     information or assistance to the Special Inspector General or 
     an authorized designee.
       (B) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Special Inspector General is, 
     in the judgment of the Special Inspector General, 
     unreasonably refused or not provided, the Special Inspector 
     General shall immediately report the circumstances to--
       (i) the Secretary of State or the Secretary of Defense, as 
     appropriate; and
       (ii) the appropriate congressional committees.
       (j) Reports.--
       (1) Quarterly reports.--Not later than 30 days after the 
     end of each quarter of each fiscal year, the Special 
     Inspector General shall submit a report to the appropriate 
     congressional committees, the Secretary of State, and the 
     Secretary of Defense that--
       (A) summarizes, for the applicable quarter, and to the 
     extent possible, for the period from the end of such quarter 
     to the date on which the report is submitted, the activities 
     during such period of the Special Inspector General and the 
     activities under programs and operations funded with amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (B) includes, for applicable quarter, a detailed statement 
     of all obligations, expenditures, and revenues associated 
     with military, economic, and humanitarian activities in 
     Ukraine, including--
       (i) obligations and expenditures of appropriated funds;
       (ii) a project-by-project and program-by-program accounting 
     of the costs incurred to date for military, economic, and 
     humanitarian aid to Ukraine, including an estimate of the 
     costs to be incurred by the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, and other relevant Federal 
     agencies to complete each project and each program;
       (iii) revenues attributable to, or consisting of, funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by any Federal department or 
     agency and any obligations or expenditures of such revenues;
       (iv) revenues attributable to, or consisting of, foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by any Federal department or agency and any 
     obligations or expenditures of such revenues;
       (v) operating expenses of entities receiving amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (vi) for any contract, grant, agreement, or other funding 
     mechanism described in paragraph (2)--

       (I) the dollar amount of the contract, grant, agreement, or 
     other funding mechanism;
       (II) a brief description of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       (III) a description of how the Federal department or agency 
     involved in the contract, grant, agreement, or other funding 
     mechanism identified, and solicited offers from, potential 
     individuals or entities to perform the contract, grant, 
     agreement, or other funding mechanism, including a list of 
     the potential individuals or entities that were issued 
     solicitations for the offers; and
       (IV) the justification and approval documents on which the 
     determination to use procedures other than procedures that 
     provide for full and open competition was based.

       (2) Covered contracts, grants, agreements, and funding 
     mechanisms.--A contract, grant, agreement, or other funding 
     mechanism described in this paragraph is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by any Federal department or agency that involves the 
     use of amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid to Ukraine with 
     any public or private sector entity--
       (A) to build or rebuild the physical infrastructure of 
     Ukraine;
       (B) to establish or reestablish a political or societal 
     institution of Ukraine;
       (C) to provide products or services to the people of 
     Ukraine; or
       (D) to provide security assistance to Ukraine.
       (3) Public availability.--The Special Inspector General 
     shall publish each report submitted pursuant to paragraph (1) 
     on a publicly accessible internet website in English, 
     Ukrainian, and Russian.
       (4) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex if the Special Inspector General determines 
     that a classified annex is necessary.
       (5) Submission of comments to congress.--During the 30-day 
     period beginning on the date on which a report is received 
     pursuant to paragraph (1), the Secretary of State and the 
     Secretary of Defense may submit comments to the appropriate 
     congressional committees, in unclassified form, regarding any 
     matters covered by the report that the Secretary of State or 
     the Secretary of Defense considers appropriate. Such comments 
     may include a classified annex if the Secretary of State or 
     the Secretary of Defense considers such annex to be 
     necessary.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to authorize the public disclosure of 
     information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of defense or 
     national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (k) Transparency.--
       (1) Report.--Except as provided in paragraph (3), not later 
     than 60 days after receiving a report pursuant to subsection 
     (j)(1), the Secretary of State and the Secretary of Defense 
     shall jointly make copies of the report available to the 
     public upon request and at a reasonable cost.
       (2) Comments.--Except as provided in paragraph (3), not 
     later than 60 days after submitting comments to Congress 
     pursuant to subsection (j)(5), the Secretary of State and the 
     Secretary of Defense shall jointly make copies of such 
     comments available to the public upon request and at a 
     reasonable cost.
       (3) Waiver.--
       (A) Authority.--The President may waive the requirements 
     under paragraph (1) or (2) with respect to availability to 
     the public of any element in a report submitted pursuant to 
     subsection (j)(1) or any comments submitted to Congress 
     pursuant to subsection (j)(5) if the President determines 
     that such waiver is justified for national security reasons.
       (B) Notice of waiver.--The President shall publish a notice 
     of each waiver made under subparagraph (A) in the Federal 
     Register not later than the date of the submission to the 
     appropriate congressional committees of a report required 
     under subsection (j)(1) or any comments submitted pursuant to 
     subsection (j)(5). Each such report and comments shall 
     specify--
       (i) whether a waiver was made pursuant to subparagraph (A); 
     and
       (ii) which elements in the report or the comments were 
     affected by such waiver.
       (l) Use of Previously Appropriated Funds.--Amounts 
     appropriated before the date of the enactment of this Act for 
     the Office of the Special Inspector General for Afghanistan 
     Reconstruction may be used to carry out the duties described 
     in subsection (g).
       (m) Termination.--
       (1) In general.--The Office shall terminate on September 
     30, 2027.
       (2) Final report.--Before the termination date referred to 
     in paragraph (1), the Special Inspector General shall prepare 
     and submit to the appropriate congressional committees a 
     final forensic audit report on programs and operations funded 
     with amounts appropriated or otherwise made available for the 
     military, economic, and humanitarian aid to Ukraine.
                                 ______
                                 
  SA 439. Mr. COTTON 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. CLARIFICATION OF APPLICABILITY OF OTHER LAW WITH 
                   RESPECT TO CERTAIN ACTIVITIES RELATING TO 
                   UNMANNED AIRCRAFT CONDUCTED OUTSIDE THE UNITED 
                   STATES FOR PROTECTION OF OVERSEAS FACILITIES 
                   AND ASSETS.

       (a) In General.--Chapter 3 of title 10, United States Code, 
     is amended by adding at the end the following new section 
     130j:

     ``Sec. 130j. Applicability of other law with respect to 
       certain activities relating to unmanned aircraft conducted 
       outside the United States

       ``Sections 32, 1030, and 1367 of title 18 and section 46502 
     of title 49 may not be construed to apply to activities of 
     the Department of Defense or the Coast Guard that--

[[Page S2604]]

       ``(1) are conducted outside the United States; and
       ``(2) are related to the mitigation of threats from 
     unmanned aircraft systems or unmanned aircraft.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``130j. Applicability of other law with respect to certain activities 
              relating to unmanned aircraft conducted outside the 
              United States.''.
                                 ______
                                 
  SA 440. Mr. COTTON 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. 1225. PROHIBITION ON PROVISION OF FUNDS TO IRAN.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made available to the Department of Defense 
     may be made available, directly or indirectly, to--
       (1) the Government of Iran;
       (2) any person owned or controlled by the Government of 
     Iran;
       (3) any person identified on the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury, the property and interests in property of which are 
     blocked pursuant to the International Emergency Economic 
     Powers Act (Public Law 95-223; 91 Stat. 1625);
       (4) any person owned or controlled by a person described in 
     paragraph (3); or
       (5) the Badr organization, Saraya Khorasani, or Kata'ib al-
     Imam Ali.
                                 ______
                                 
  SA 441. Mr. COTTON (for himself, Ms. Lummis, and Mrs. Britt) 
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 D of title XII, insert 
     the following:

     SEC. ___. PROHIBITION ON PURCHASE OF PUBLIC OR PRIVATE REAL 
                   ESTATE LOCATED IN THE UNITED STATES BY CITIZENS 
                   AND ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--
       (1) Prohibition.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary--
       (A) to prohibit the purchase, on or after the date of the 
     enactment of this Act, of public or private real estate 
     located in the United States by--
       (i) any citizen of the People's Republic of China;
       (ii) any covered foreign entity; or
       (iii) any foreign person acting for or on behalf of the 
     Chinese Communist Party, a covered foreign entity, or a 
     citizen of the People's Republic of China; and
       (B) if the President determines that the ownership, as of 
     such date of enactment, by a person described in clause (i), 
     (ii), or (iii) of subparagraph (A) of real estate located in 
     the United States poses a national security risk to the 
     United States, to require the sale of such real estate by not 
     later than the date that is one year after such date of 
     enactment.
       (2) Exceptions.--
       (A) Exception for refugees.--Paragraph (1) does not apply 
     with respect to a citizen of the People's Republic of China 
     who--
       (i) entered the United States as a refugee (as defined in 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42))); or
       (ii) was granted asylum or withholding of removal under 
     section 208 or 241(b)(3) that Act (8 U.S.C. 1158 and 
     1231(b)(3)).
       (B) Exception for property of united states nationals.--
     Paragraph (1)(B) does not apply with respect to the sale of 
     real estate owned or otherwise held for personal use by a 
     United States citizen or an alien lawfully admitted for 
     permanent residence to the United States.
       (b) Definitions.--In this section:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity--
       (A) acting on behalf of or otherwise directed by the 
     Government of the People's Republic of China or the Chinese 
     Communist Party;
       (B) that--
       (i) is organized under the laws of the People's Republic of 
     China;
       (ii) has a principal place of business in the People's 
     Republic of China; or
       (iii) is owned or controlled by, or otherwise subject to 
     the jurisdiction of, the Government of the People's Republic 
     of China or the Chinese Communist Party; or
       (C) that is a subsidiary of an entity described in 
     subparagraph (B).
       (2) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (3) 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.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (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.
       (c) Penalty Amount Under Agricultural Foreign Investment 
     Disclosure Act of 1978.--Section 3(b) of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502(b)) 
     is amended by striking ``exceed 25 percent of'' and inserting 
     ``be less than 10 percent, or exceed 25 percent, of''.
                                 ______
                                 
  SA 442. Mr. COTTON 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__. INTELLIGENCE DUTIES OF DEPARTMENT OF AGRICULTURE 
                   OFFICE OF HOMELAND SECURITY.

       Section 221(d) of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 6922(d)) is amended--
       (1) by redesignating paragraphs (6) through (8) as 
     paragraphs (12) through (14), respectively; and
       (2) by inserting after paragraph (5) the following:
       ``(6) be responsible for leveraging the capabilities of the 
     intelligence community (as so defined) and National 
     Laboratories intelligence-related research, to ensure that 
     the Secretary is fully informed of threats by foreign actors 
     to the food and agriculture critical infrastructure sector;
       ``(7) advise the Secretary on foreign efforts--
       ``(A) to steal knowledge and technology from the food and 
     agriculture critical infrastructure sector; and
       ``(B) to develop or implement biological warfare attacks, 
     cyber or clandestine operations, or other means of sabotaging 
     and disrupting the food and agriculture critical 
     infrastructure sector;
       ``(8) prepare, conduct, and facilitate intelligence 
     briefings for the Secretary and appropriate officials of the 
     Department of Agriculture;
       ``(9) be the Federal Senior Intelligence Coordinator of the 
     Department of Agriculture and operate as the liaison between 
     the Secretary and the intelligence community (as so defined), 
     with the authority to request intelligence collection and 
     analysis on matters relating to the food and agriculture 
     critical infrastructure sector;
       ``(10) collaborate with the intelligence community (as so 
     defined) to downgrade intelligence assessments for broader 
     dissemination within the Department of Agriculture;
       ``(11) facilitate sharing information on foreign activities 
     relating to agriculture, as acquired by the Department of 
     Agriculture with the intelligence community (as so 
     defined);''.
                                 ______
                                 
  SA 443. 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 subtitle D of title XXXI, 
     insert the following:

     SEC. 31___. PROHIBITION ON SALES OF PETROLEUM PRODUCTS FROM 
                   THE STRATEGIC PETROLEUM RESERVE TO CHINA.

       Notwithstanding any other provision of law, the Secretary 
     of Energy shall not draw down and sell petroleum products 
     from the Strategic Petroleum Reserve--
       (1) to any entity that is under the ownership or control of 
     the Chinese Communist Party or the People's Republic of 
     China; or
       (2) except on the condition that such petroleum products 
     will not be exported to the People's Republic of China.
                                 ______
                                 
  SA 444. 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,

[[Page S2605]]

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. ___. PERMITTING FOR INTERNATIONAL BRIDGES.

       The International Bridge Act of 1972 (33 U.S.C. 535 et 
     seq.) is amended by inserting after section 5 the following:

     ``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.

       ``(a) Definitions.--In this section:
       ``(1) Eligible applicant.--The term `eligible applicant' 
     means an entity that has submitted an application for a 
     Presidential permit during the period beginning on December 
     1, 2020, and ending on December 31, 2024, for any of the 
     following:
       ``(A) 1 or more international bridges in Webb County, 
     Texas.
       ``(B) An international bridge in Cameron County, Texas.
       ``(C) An international bridge in Maverick County, Texas.
       ``(2) Presidential permit.--
       ``(A) In general.--The term `Presidential permit' means--
       ``(i) an approval by the President to construct, maintain, 
     and operate an international bridge under section 4; or
       ``(ii) an approval by the President to construct, maintain, 
     and operate an international bridge pursuant to a process 
     described in Executive Order 13867 (84 Fed. Reg. 15491; 
     relating to Issuance of Permits With Respect to Facilities 
     and Land Transportation Crossings at the International 
     Boundaries of the United States) (or any successor Executive 
     Order).
       ``(B) Inclusion.--The term `Presidential permit' includes 
     an amendment to an approval described in clause (i) or (ii) 
     of subparagraph (A).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of State.
       ``(b) Application.--An eligible applicant for a 
     Presidential permit to construct, maintain, and operate an 
     international bridge shall submit an application for the 
     permit to the Secretary.
       ``(c) Recommendation.--
       ``(1) In general.--Not later than 60 days after the date on 
     which the Secretary receives an application under subsection 
     (b), the Secretary shall make a recommendation to the 
     President--
       ``(A) to grant the Presidential permit; or
       ``(B) to deny the Presidential permit.
       ``(2) Consideration.--The sole basis for a recommendation 
     under paragraph (1) shall be whether the international bridge 
     is in the foreign policy interests of the United States.
       ``(d) Presidential Action.--
       ``(1) In general.--The President shall grant or deny the 
     Presidential permit for an application under subsection (b) 
     by not later than 60 days after the earlier of--
       ``(A) the date on which the Secretary makes a 
     recommendation under subsection (c)(1); and
       ``(B) the date on which the Secretary is required to make a 
     recommendation under subsection (c)(1).
       ``(2) No action.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     President does not grant or deny the Presidential permit for 
     an application under subsection (b) by the deadline described 
     in paragraph (1), the Presidential permit shall be considered 
     to have been granted as of that deadline.
       ``(B) Requirement.--As a condition on a Presidential permit 
     considered to be granted under subparagraph (A), the eligible 
     applicant shall complete all applicable environmental 
     documents required pursuant to Public Law 91-190 (42 U.S.C. 
     4321 et seq.).
       ``(e) Document Requirements.--Notwithstanding any other 
     provision of law, the Secretary shall not require an eligible 
     applicant for a Presidential permit--
       ``(1) to include in the application under subsection (b) 
     environmental documents prepared pursuant to Public Law 91-
     190 (42 U.S.C. 4321 et seq.); or
       ``(2) to have completed any environmental review under 
     Public Law 91-190 (42 U.S.C. 4321 et seq.) prior to the 
     President granting a Presidential permit under subsection 
     (d).
       ``(f) Rules of Construction.--Nothing in this section--
       ``(1) prohibits the President from granting a Presidential 
     permit conditioned on the eligible applicant completing all 
     environmental documents pursuant to Public Law 91-190 (42 
     U.S.C. 4321 et seq.);
       ``(2) prohibits the Secretary from requesting a list of all 
     permits and approvals from Federal, State, and local agencies 
     that the eligible applicant believes are required in 
     connection with the international bridge, or a brief 
     description of how those permits and approvals will be 
     acquired; or
       ``(3) exempts an eligible applicant from the requirement to 
     complete all environmental documents pursuant to Public Law 
     91-190 (42 U.S.C. 4321 et seq.) prior to construction of an 
     international bridge.''.
                                 ______
                                 
  SA 445. Mr. KELLY (for himself, Mr. Tester, Mrs. Feinstein, 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 A of title VII, add the following:

     SEC. 707. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE 
                   YOUNG ADULT PROGRAM.

       (a) Expansion of Eligibility.--Subsection (b) of section 
     1110b of title 10, United States Code, is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively.
       (b) Elimination of Separate Premium for a Young Adult.--
     Such section is further amended by striking subsection (c).
       (c) Conforming Amendment.--Section 1075(c)(3) of such title 
     is amended by striking ``section 1076d, 1076e, or 1110b'' and 
     inserting ``section 1076d or 1076e''.
                                 ______
                                 
  SA 446. 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 subtitle G of title X, insert 
     the following:

     SEC. 10__. SENSE OF CONGRESS RELATING TO THE STERILE INSECT 
                   RELEASE FACILITY, LOS ALAMITOS, CALIFORNIA.

       It is the sense of Congress that the Department of Defense 
     and the Animal and Plant Health Inspection Service of the 
     Department of Agriculture, in cooperation with local and 
     State entities, should pursue continued long-term joint 
     efforts to conduct overdue facility replacements at the 
     Sterile Insect Release Facility in Los Alamitos, California, 
     including new, nonpermanent, State-procured structures for 
     the purpose of ongoing pest control activities that protect 
     agriculture.
                                 ______
                                 
  SA 447. Mr. BLUMENTHAL 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. __. REPORT ON COVERAGE OF MIGRAINE PREVENTION AND 
                   TREATMENT DEVICES.

       (a) Findings.--Congress finds the following:
       (1) Members of the Armed Forces are diagnosed with or 
     exhibit symptoms of migraines at a rate that is 3 times 
     higher than the general population.
       (2) 1 in 3 members of the Armed Forces experience severe 
     headaches and migraines within the first months after 
     returning from deployment.
       (3) Women are 3 to 6 times more likely than men to 
     experience migraines.
       (4) Operational barriers, performance-limiting adverse 
     effects, and the ineffectiveness of drug treatments for some 
     members of the Armed Forces demonstrate the necessity of 
     increasing the availability of non-pharmacological devices 
     that can treat and prevent migraines.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the plan of the Secretary to provide 
     non-pharmacological, neuromodulation migraine prevention and 
     treatment devices that have been cleared by the Food and Drug 
     Administration to members of the Armed Forces who could 
     benefit from those devices.
                                 ______
                                 
  SA 448. Mr. BLUMENTHAL 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. ___. SENSE OF CONGRESS ON DIETARY SUPPLEMENT USE AMONG 
                   MEMBERS OF THE ARMED FORCES.

       It is the sense of the Congress that--
       (1) the Secretary of Defense should be commended for the 
     Department of Defense Instruction 6130.06 titled ``Use of 
     Dietary Supplements in the DoD'', which includes requirements 
     for the provision of dietary supplement safety education to 
     members of the Armed Forces and health care providers of the 
     Department of Defense for the prevention of serious medical 
     complications related to use of dietary supplements; and

[[Page S2606]]

       (2) to support the implementation of that Instruction, 
     robust funding should be secured for the Operation Supplement 
     Safety program of the Department for the purpose of 
     broadening education efforts for members of the Armed Forces 
     and health care providers of the Department by facilitating 
     technological advancements and other improvements to--
       (A) the mobile application under that program commonly 
     referred to as the ``Operation Supplement Safety App''; and
       (B) the ingredient database under that program.
                                 ______
                                 
  SA 449. Mr. BLUMENTHAL 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 F of title V, add the following:

     SEC. 565. IMPLEMENTATION OF COMPTROLLER GENERAL 
                   RECOMMENDATIONS RELATING TO MILITARY FOSTER AND 
                   ADOPTIVE FAMILIES.

       The Secretary of Defense shall--
       (1) provide a centralized location for, and promote 
     awareness of, information about foster and adoption-related 
     policies and available Department of Defense support to 
     better assist military foster and adoptive families, 
     including by providing such information through Military 
     OneSource, using a designated point person on an 
     installation, or through an existing installation program 
     office;
       (2) ensure that the Secretary of the Air Force, in 
     coordination with the Director of Defense Human Resource 
     Activity, revises AFI 36-3026, Volume 1, in cooperation with 
     other components of the Department of Defense, as 
     appropriate, to make it consistent with Department of Defense 
     regulations on the required documents to enroll foster 
     children in the Defense Enrollment Eligibility Reporting 
     System; and
       (3) ensure that the Secretaries of the military departments 
     identify opportunities to regularly promote to the awareness 
     of all employees responsible for enrollment in the Defense 
     Enrollment Eligibility Reporting System of accurate 
     information and guidance with respect to enrolling both 
     foster and pre-adoptive children, including by coordinating 
     with relevant offices to promote awareness of the guidance 
     through annual trainings or other training mechanisms.
                                 ______
                                 
  SA 450. Ms. BALDWIN (for herself, Mrs. Capito, Mr. Blumenthal, and 
Ms. Collins) 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 A of title VII, add the following:

     SEC. 707. TRICARE DENTAL FOR MEMBERS OF THE SELECTED RESERVE.

       Section 1076a of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the paragraph header, by striking ``selected reserve 
     and''; and
       (ii) by striking ``for members of the Selected Reserve of 
     the Ready Reserve and'';
       (B) in paragraph (2), in the header, by inserting 
     ``individual ready'' after ``other''; and
       (C) by adding at the end the following new paragraph:
       ``(5) Plan for selected reserve.--A dental benefits plan 
     for members of the Selected Reserve of the Ready Reserve.'';
       (2) in subsection (d)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) No premium plans.--(A) The dental benefits plan 
     established under subsection (a)(5) is a no premium plan.
       ``(B) Members enrolled in a no premium plan may not be 
     charged a premium for benefits provided under the plan.'';
       (3) in subsection (e)(2)(A), by striking ``a member of the 
     Selected Reserve of the Ready Reserve or'';
       (4) by redesignating subsections (f) through (l) as 
     subsections (g) through (m), respectively;
       (5) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Copayments Under No Premium Plans.--A member who 
     receives dental care under a no premium plan described in 
     subsection (d)(3) shall pay no charge for any care described 
     in subsection (c).''; and
       (6) in subsection (i), as redesignated by paragraph (4), by 
     striking ``subsection (k)(2)'' and inserting ``subsection 
     (l)(2)''.
                                 ______
                                 
  SA 451. Ms. BALDWIN 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 B of title VIII, add the following:

     SEC. 823. RESTRICTION OF SOLICITATION FOR CERTAIN CONTRACTS 
                   RELATING TO ARMED FORCES VESSELS TO DOMESTIC 
                   SOURCES.

       (a) In General.--The Secretary of Defense may not, on or 
     after the date that is 180 days after the date of the 
     enactment of this Act, enter into or renew a contract, other 
     than with a domestic source, that allows for the procurement 
     of critical components to be installed in vessels undergoing 
     construction.
       (b) Definitions.--In this section:
       (1) Critical component.--The term ``critical component'' 
     means a component identified by the Secretary as any 
     communications, damage control, engineering, navigation, or 
     seamanship equipment required for a vessel to safely get or 
     remain underway, and at a minimum shall include--
       (A) gas turbine and diesel main engines;
       (B) generators;
       (C) generator prime movers;
       (D) main reduction gears;
       (E) main propulsion shafting; and
       (F) propellers and propeller castings.
       (2) Domestic source.--The term ``domestic source'' has the 
     meaning given that term in section 702 of the Defense 
     Production Act of 1950 (50 U.S.C. 4552).
                                 ______
                                 
  SA 452. Ms. BALDWIN 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 VIII, insert the 
     following:

     SEC. __. REPORTING ON LIFE CYCLE COSTS ASSOCIATED WITH NON-
                   DOMESTIC SOURCING OF SHIPBUILDING COMPONENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     amend the Department of Defense Supplement to the Federal 
     Acquisition Regulation to require the Senior Technical 
     Authority to assess and provide reporting on the total life 
     cycle costs associated with the procurement of a non-domestic 
     component for a shipbuilding program before the component is 
     so procured.
       (b) Elements.--The assessment required under subsection (a) 
     shall assess--
       (1) the cost impact on other shipbuilding programs for 
     which a domestic supplier is manufacturing components should 
     that component be procured form a non-domestic manufacturer;
       (2) the cost impact on the life-cycle sustainment of the 
     applicable shipbuilding program due to commonality with 
     similar components already in the fleet that have already met 
     applicable Navy standards; and
       (3) the cost differential between domestic and equivalent 
     foreign components that may be due to direct or indirect 
     foreign government investment or reduced regulatory costs in 
     that country of origin.
                                 ______
                                 
  SA 453. Ms. BALDWIN (for herself, Mr. Grassley, and Mr. Tester) 
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. REPORT AND PLAN ON FOREIGN OWNERSHIP OF LAND NEAR 
                   INSTALLATIONS OF THE DEPARTMENT OF DEFENSE IN 
                   THE UNITED STATES.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives--
       (1) a report that--
       (A) contains a thorough review of ownership by foreign 
     persons of agricultural land near installations of the 
     Department of Defense in the United States; and
       (B) assesses the threat such ownership poses to the 
     national security of the United States; and
       (2) in coordination with the Secretary of Agriculture and 
     the Committee on Foreign Investment in the United States 
     under section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565), a plan for addressing foreign ownership of 
     land, including farmland, and the risk to the national 
     security of the United States that ownership presents near 
     installations of the Department of Defense.

[[Page S2607]]

  

                                 ______
                                 
  SA 454. Mr. TESTER 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--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT 
                                OF 2023

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. PURPOSES.

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

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Allottee.--The term ``allottee'' means an individual 
     who holds a beneficial real property interest in an allotment 
     of Indian land that is--
       (A) located within the Reservation; and
       (B) held in trust by the United States.
       (2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
     the Blackfeet Tribe of the Blackfeet Indian Reservation of 
     Montana.
       (3) Cercla.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (4) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (5) Compact.--The term ``Compact'' means--
       (A) the Fort Belknap-Montana water rights compact dated 
     April 16, 2001, as contained in section 85-20-1001 of the 
     Montana Code Annotated (2021); and
       (B) any appendix (including appendix amendments), part, or 
     amendment to the Compact that is executed to make the Compact 
     consistent with this division.
       (6) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 6011(f).
       (7) Fort belknap indian community.--The term ``Fort Belknap 
     Indian Community'' means the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation of Montana, a 
     federally recognized Indian Tribal entity included on the 
     list published by the Secretary pursuant to section 104(a) of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 5131(a)).
       (8) Fort belknap indian community council.--The term ``Fort 
     Belknap Indian Community Council'' means the governing body 
     of the Fort Belknap Indian Community.
       (9) Fort belknap indian irrigation project.--
       (A) In general.--The term ``Fort Belknap Indian Irrigation 
     Project'' means the Federal Indian irrigation project 
     constructed and operated by the Bureau of Indian Affairs, 
     consisting of the Milk River unit, including--
       (i) the Three Mile unit; and
       (ii) the White Bear unit.
       (B) Inclusions.--The term ``Fort Belknap Indian Irrigation 
     Project'' includes any addition to the Fort Belknap Indian 
     Irrigation Project constructed pursuant to this division, 
     including expansion of the Fort Belknap Indian Irrigation 
     Project, the Pumping Plant, delivery Pipe and Canal, the Fort 
     Belknap Reservoir and Dam, and the Peoples Creek Flood 
     Protection Project.
       (10) Implementation fund.--The term ``Implementation Fund'' 
     means the Fort Belknap Indian Community Water Settlement 
     Implementation Fund established by section 6013(a).
       (11) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (12) Lake elwell.--The term ``Lake Elwell'' means the water 
     impounded on the Marias River in the State by Tiber Dam, a 
     feature of the Lower Marias Unit of the Pick-Sloan Missouri 
     River Basin Program authorized by section 9 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 891, chapter 665).
       (13) Malta irrigation district.--The term ``Malta 
     Irrigation District'' means the public corporation--
       (A) created on December 28, 1923, pursuant to the laws of 
     the State relating to irrigation districts; and
       (B) headquartered in Malta, Montana.
       (14) Milk river.--The term ``Milk River'' means the 
     mainstem of the Milk River and each tributary of the Milk 
     River between the headwaters of the Milk River and the 
     confluence of the Milk River with the Missouri River, 
     consisting of--
       (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 
     40K, 40L, 40M, 40N, and 40O; and
       (B) the portion of the Milk River and each tributary of the 
     Milk River that flows through the Canadian Provinces of 
     Alberta and Saskatchewan.
       (15) Milk river project.--
       (A) In general.--The term ``Milk River Project'' means the 
     Bureau of Reclamation project conditionally approved by the 
     Secretary on March 14, 1903, pursuant to the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093), commencing at Lake 
     Sherburne Reservoir and providing water to a point 
     approximately 6 miles east of Nashua, Montana.
       (B) Inclusions.--The term ``Milk River Project'' includes--
       (i) the St. Mary Unit;
       (ii) the Fresno Dam and Reservoir; and
       (iii) the Dodson pumping unit.
       (16) Missouri river basin.--The term ``Missouri River 
     Basin'' means the hydrologic basin of the Missouri River, 
     including tributaries.
       (17) Operations and maintenance.--The term ``operations and 
     maintenance'' means the Bureau of Indian Affairs operations 
     and maintenance activities related to costs described in 
     section 171.500 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       (18) Operations, maintenance, and replacement.--The term 
     ``operations, maintenance, and replacement'' means--
       (A) any recurring or ongoing activity associated with the 
     day-to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to repairing, replacing, or 
     rehabilitating a feature of a project.
       (19) Pick-sloan missouri river basin program.--The term 
     ``Pick-Sloan Missouri River Basin Program'' means the Pick-
     Sloan Missouri River Basin Program (authorized by section 9 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
       (20) PMM.--The term ``PMM'' means the Principal Meridian, 
     Montana.
       (21) Reservation.--
       (A) In general.--The term ``Reservation'' means the area of 
     the Fort Belknap Reservation in the State, as modified by 
     this division.
       (B) Inclusions.--The term ``Reservation'' includes--
       (i) all land and interests in land established by--

       (I) the Agreement with the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation, ratified by the Act 
     of May 1, 1888 (25 Stat. 113, chapter 212), as modified by 
     the Agreement with the Indians of the Fort Belknap 
     Reservation of October 9, 1895 (ratified by the Act of June 
     10, 1896) (29 Stat. 350, chapter 398);
       (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); 
     and
       (III) Public Law 94-114 (25 U.S.C. 5501 et seq.);

       (ii) the land known as the ``Hancock lands'' purchased by 
     the Fort Belknap Indian Community pursuant to the Fort 
     Belknap Indian Community Council Resolution No. 234-89 
     (October 2, 1989); and
       (iii) all land transferred to the United States to be held 
     in trust for the benefit of the Fort Belknap Indian Community 
     under section 6006.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (23) St. mary unit.--
       (A) In general.--The term ``St. Mary Unit'' means the St. 
     Mary Storage Unit of the Milk River Project authorized by 
     Congress on March 25, 1905.
       (B) Inclusions.--The term ``St. Mary Unit'' includes--
       (i) Sherburne Dam and Reservoir;
       (ii) Swift Current Creek Dike;
       (iii) Lower St. Mary Lake;
       (iv) St. Mary Canal Diversion Dam; and
       (v) St. Mary Canal and appurtenances.
       (24) State.--The term ``State'' means the State of Montana.
       (25) Tribal water code.--The term ``Tribal water code'' 
     means the Tribal water code enacted by the Fort Belknap 
     Indian Community pursuant to section 6005(g).
       (26) Tribal water rights.--The term ``Tribal water rights'' 
     means the water rights of the Fort Belknap Indian Community, 
     as described in Article III of the Compact and this division, 
     including the allocation of water to the Fort Belknap Indian 
     Community from Lake Elwell under section 6007.
       (27) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
     Nakoda Settlement Trust Fund established for the Fort Belknap 
     Indian Community under section 6012(a).

     SEC. 6004. RATIFICATION OF COMPACT.

       (a) Ratification of Compact.--
       (1) In general.--As modified by this division, the Compact 
     is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed to the extent that the 
     amendment is

[[Page S2608]]

     executed to make the Compact consistent with this division.
       (b) Execution.--
       (1) In general.--To the extent that the Compact does not 
     conflict with this division, the Secretary shall execute the 
     Compact, including all appendices to, or parts of, the 
     Compact requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this division precludes the 
     Secretary from approving any modification to an appendix to 
     the Compact that is consistent with this division, to the 
     extent that the modification does not otherwise require 
     congressional approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177) or any other applicable provision of 
     Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Compact and this 
     division, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Compact and this 
     division, the Fort Belknap Indian Community shall prepare any 
     necessary environmental documents, consistent with all 
     applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4231 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Compact by 
     the Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under this subsection shall be paid 
     from funds deposited in the Trust Fund, subject to the 
     condition that any costs associated with the performance of 
     Federal approval or other review of such compliance work or 
     costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 6005. TRIBAL WATER RIGHTS.

       (a) Confirmation of Tribal Water Rights.--
       (1) In general.--The Tribal water rights are ratified, 
     confirmed, and declared to be valid.
       (2) Use.--Any use of the Tribal water rights shall be 
     subject to the terms and conditions of the Compact and this 
     division.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this division, this division shall control.
       (b) Intent of Congress.--It is the intent of Congress to 
     provide to each allottee benefits that are equivalent to, or 
     exceed, the benefits the allottees possess on the day before 
     the date of enactment of this Act, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this division;
       (2) the availability of funding under this division and 
     from other sources;
       (3) the availability of water from the Tribal water rights; 
     and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381) and this 
     division to protect the interests of allottees.
       (c) Trust Status of Tribal Water Rights.--The Tribal water 
     rights--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Fort Belknap Indian Community and 
     allottees in accordance with this division; and
       (2) shall not be subject to loss through non-use, 
     forfeiture, or abandonment.
       (d) Allottees.--
       (1) Applicability of the act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (24 
     Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use 
     of water for irrigation purposes, shall apply to the Tribal 
     water rights.
       (2) Entitlement to water.--Any entitlement to water of an 
     allottee under Federal law shall be satisfied from the Tribal 
     water rights.
       (3) Allocations.--An allottee shall be entitled to a just 
     and equitable allocation of water for irrigation purposes.
       (4) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or any other applicable law, an allottee shall exhaust 
     remedies available under the Tribal water code or other 
     applicable Tribal law.
       (B) Action for relief.--After the exhaustion of all 
     remedies available under the Tribal water code or other 
     applicable Tribal law, an allottee may seek relief under 
     section 7 of the Act of February 8, 1887 (24 Stat. 390, 
     chapter 119; 25 U.S.C. 381), or other applicable law.
       (5) Authority of the secretary.--The Secretary shall have 
     the authority to protect the rights of allottees in 
     accordance with this section.
       (e) Authority of the Fort Belknap Indian Community.--
       (1) In general.--The Fort Belknap Indian Community shall 
     have the authority to allocate, distribute, and lease the 
     Tribal water rights for use on the Reservation in accordance 
     with the Compact, this division, and applicable Federal law.
       (2) Off-reservation use.--The Fort Belknap Indian Community 
     may allocate, distribute, and lease the Tribal water rights 
     for off-Reservation use in accordance with the Compact, this 
     division, and applicable Federal law--
       (A) subject to the approval of the Secretary; or
       (B) pursuant to Tribal water leasing regulations consistent 
     with the requirements of subsection (f).
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     Tribal water code.
       (f) Tribal Water Leasing Regulations.--
       (1) In general.--At the discretion of the Fort Belknap 
     Indian Community, any water lease of the Fort Belknap Indian 
     Community of the Tribal water rights for use on or off the 
     Reservation shall not require the approval of the Secretary 
     if the lease--
       (A) is executed under tribal regulations, approved by the 
     Secretary under this subsection;
       (B) is in accordance with the Compact; and
       (C) does not exceed a term of 100 years, except that a 
     lease may include an option to renew for 1 additional term of 
     not to exceed 100 years.
       (2) Authority of the secretary over tribal water leasing 
     regulations.--
       (A) In general.--The Secretary shall have the authority to 
     approve or disapprove any Tribal water leasing regulations 
     issued in accordance with paragraph (1).
       (B) Considerations for approval.--The Secretary shall 
     approve any Tribal water leasing regulations issued in 
     accordance with paragraph (1) if the Tribal water leasing 
     regulations--
       (i) provide for an environmental review process that 
     includes--

       (I) the identification and evaluation of any significant 
     effects of the proposed action on the environment; and
       (II) a process for ensuring that--

       (aa) the public is informed of, and has a reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action identified by the Fort Belknap 
     Indian Community; and
       (bb) the Fort Belknap Indian Community provides responses 
     to relevant and substantive public comments on those impacts 
     prior to its approval of a water lease; and
       (ii) are consistent with this division and the Compact.
       (3) Review process.--
       (A) In general.--Not later than 120 days after the date on 
     which Tribal water leasing regulations under paragraph (1) 
     are submitted to the Secretary, the Secretary shall review 
     and approve or disapprove the regulations.
       (B) Written documentation.--If the Secretary disapproves 
     the Tribal water leasing regulations described in 
     subparagraph (A), the Secretary shall include written 
     documentation with the disapproval notification that 
     describes the basis for this disapproval.
       (C) Extension.--The deadline described in subparagraph (A) 
     may be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if the Fort Belknap Indian Community 
     carries out a project or activity funded by a Federal agency, 
     the Fort Belknap Indian Community--
       (A) shall have the authority to rely on the environmental 
     review process of the applicable Federal agency; and
       (B) shall not be required to carry out a tribal 
     environmental review process under this subsection.
       (5) Documentation.--If the Fort Belknap Indian Community 
     issues a lease pursuant to Tribal water leasing regulations 
     under paragraph (1), the Fort Belknap Indian Community shall 
     provide the Secretary and the State a copy of the lease, 
     including any amendments or renewals to the lease.
       (6) Limitation of liability.--
       (A) In general.--The United States shall not be liable in 
     any claim relating to the negotiation, execution, or approval 
     of any lease or exchange agreement or storage agreement, 
     including any claims relating to the terms included in such 
     an agreement, made pursuant to Tribal water leasing 
     regulations under paragraph (1).
       (B) Obligations.--The United States shall have no trust 
     obligation or other obligation to monitor, administer, or 
     account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease or exchange agreement or 
     storage agreement; or
       (ii) the expenditure of those funds.
       (g) Tribal Water Code.--
       (1) In general.--Notwithstanding Article IV.A.2. of the 
     Compact, not later than 4 years after the date on which the 
     Fort Belknap Indian Community approves the Compact in 
     accordance with section

[[Page S2609]]

     6011(f)(1), the Fort Belknap Indian Community shall enact a 
     Tribal water code that provides for--
       (A) the management, regulation, and governance of all uses 
     of the Tribal water rights in accordance with the Compact and 
     this division; and
       (B) the establishment by the Fort Belknap Indian Community 
     of the conditions, permit requirements, and other 
     requirements for the allocation, distribution, or use of the 
     Tribal water rights in accordance with the Compact and this 
     division.
       (2) Inclusions.--Subject to the approval of the Secretary, 
     the Tribal water code shall provide--
       (A) that use of water by allottees shall be satisfied with 
     water from the Tribal water rights;
       (B) a process by which an allottee may request that the 
     Fort Belknap Indian Community provide water for irrigation 
     use in accordance with this division, including the provision 
     of water under any allottee lease under section 4 of the Act 
     of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
       (C) a due process system for the consideration and 
     determination by the Fort Belknap Indian Community of any 
     request of an allottee (or a successor in interest to an 
     allottee) for an allocation of water for irrigation purposes 
     on allotted land, including a process for--
       (i) appeal and adjudication of any denied or disputed 
     distribution of water; and
       (ii) resolution of any contested administrative decision;
       (D) a requirement that any allottee asserting a claim 
     relating to the enforcement of rights of the allottee under 
     the Tribal water code, including to the quantity of water 
     allocated to land of the allottee, shall exhaust all remedies 
     available to the allottee under Tribal law before initiating 
     an action against the United States or petitioning the 
     Secretary pursuant to subsection (d)(4)(B);
       (E) a process by which an owner of fee land within the 
     boundaries of the Reservation may apply for use of a portion 
     of the Tribal water rights; and
       (F) a process for the establishment of a controlled 
     Groundwater area and for the management of that area in 
     cooperation with establishment of a contiguous controlled 
     Groundwater area off the Reservation established pursuant to 
     Section B.2. of Article IV of the Compact and State law.
       (3) Action by secretary.--
       (A) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which a 
     Tribal water code described in paragraphs (1) and (2) is 
     enacted, the Secretary shall administer, with respect to the 
     rights of allottees, the Tribal water rights in accordance 
     with the Compact and this division.
       (B) Approval.--The Tribal water code described in 
     paragraphs (1) and (2) shall not be valid unless--
       (i) the provisions of the Tribal water code required by 
     paragraph (2) are approved by the Secretary; and
       (ii) each amendment to the Tribal water code that affects a 
     right of an allottee is approved by the Secretary.
       (C) Approval period.--
       (i) In general.--The Secretary shall approve or disapprove 
     the Tribal water code or an amendment to the Tribal water 
     code by not later than 180 days after the date on which the 
     Tribal water code or amendment to the Tribal water code is 
     submitted to the Secretary.
       (ii) Extensions.--The deadline described in clause (i) may 
     be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (h) Administration.--
       (1) No alienation.--The Fort Belknap Indian Community shall 
     not permanently alienate any portion of the Tribal water 
     rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal water rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Tribal water rights.
       (i) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this division--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Fort Belknap Indian 
     Community, under Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (j) Pick-Sloan Missouri River Basin Program Power Rates.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary, in cooperation with the Secretary of 
     Energy, shall make available the Pick-Sloan Missouri River 
     Basin Program irrigation project pumping power rates to the 
     Fort Belknap Indian Community, the Fort Belknap Indian 
     Irrigation Project, and any projects funded under this 
     division.
       (2) Authorized purposes.--The power rates made available 
     under paragraph (1) shall be authorized for the purposes of 
     wheeling, administration, and payment of irrigation project 
     pumping power rates, including project use power for gravity 
     power.

     SEC. 6006. EXCHANGE AND TRANSFER OF PUBLIC LAND INTO TRUST.

       (a) Exchange of Federal and State Land.--
       (1) Definitions.--In this subsection:
       (A) Public land.--The term ``public land'' means, as 
     applicable--
       (i) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and
       (ii) land managed by the Secretary of Agriculture under the 
     jurisdiction of the Forest Service.
       (B) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (i) the Secretary, with respect to the public land managed 
     by the Department of the Interior; and
       (ii) the Secretary of Agriculture, with respect to land 
     managed by the Forest Service.
       (2) Negotiations authorized.--
       (A) In general.--The Secretary concerned shall offer to 
     enter into negotiations with the State for the purpose of 
     exchanging Federal land described in paragraph (4) for the 
     State land described in paragraph (3).
       (B) Requirement.--Any exchange of land made pursuant to 
     this subsection shall be subject to the requirements of this 
     subsection.
       (C) Priority.--In carrying out this paragraph, the 
     Secretary concerned shall, during the 5-year period beginning 
     on the date of enactment of this Act, give priority to an 
     exchange of public land located within the State for trust 
     land owned by the State.
       (3) State land.--The Secretary concerned is authorized to 
     accept the following parcels of land owned by the State 
     located on and off of the Reservation:
       (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
       (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
       (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
       (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
       (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
       (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
       (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
       (H) 640 acres in T. 27 N., R. 23 E., sec. 16.
       (I) 640 acres in T. 27 N., R. 25 E., sec. 36.
       (J) 640 acres in T. 28 N., R. 22 E., sec. 36.
       (K) 640 acres in T. 28 N., R. 23 E., sec. 16.
       (L) 640 acres in T. 28 N., R. 24 E., sec. 36.
       (M) 640 acres in T. 28 N., R. 25 E., sec. 16.
       (N) 640 acres in T. 28 N., R. 25 E., sec. 36.
       (O) 640 acres in T. 28 N., R. 26 E., sec. 16.
       (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease 
     by the Fort Belknap Indian Community Council on the date of 
     enactment of this Act, comprised of--
       (i) 30.68 acres in lot 5;
       (ii) 26.06 acres in lot 6;
       (iii) 21.42 acres in lot 7; and
       (iv) 16.8 acres in lot 8.
       (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding 
     the 73.36 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community, on the date of 
     enactment of this Act.
       (R) 640 acres in T. 29 N., R. 22 E., sec. 36.
       (S) 640 acres in T. 29 N., R. 23 E., sec. 16.
       (T) 640 acres in T. 29 N., R. 24 E., sec. 16.
       (U) 640 acres in T. 29 N., R. 24 E., sec. 36.
       (V) 640 acres in T. 29 N., R. 25 E., sec. 16.
       (W) 640 acres in T. 29 N., R. 25 E., sec. 36.
       (X) 640 acres in T. 29 N., R. 26 E., sec. 16.
       (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding 
     the 58.72 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community on the date of 
     enactment of this Act.
       (Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
       (AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
       (BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
       (CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
       (DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
       (EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
       (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under 
     lease by the Fort Belknap Indian Community Council on the 
     date of enactment of this Act.
       (GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
       (HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
       (II) 640 acres in T. 31 N., R. 23 E., sec. 36.
       (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
       (4) Federal land.--Subject to valid existing rights, and 
     the requirements of this subsection, the Secretary concerned 
     is authorized to convey to the State any public land within 
     the State, except for land that is included within the 
     National Landscape Conservation System established by section 
     2002(a) of the Omnibus Public Land Management Act of 2009 (16 
     U.S.C. 7202(a)), without regard to whether that land has been 
     identified as available for disposal in a land use plan.
       (5) Land into trust.--On completion of the land exchange 
     authorized by this subsection, the Secretary shall, as soon 
     as practicable after the enforceability date, take the land 
     received by the United States pursuant to this subsection 
     into trust for the benefit of the Fort Belknap Indian 
     Community.
       (6) Terms and conditions.--
       (A) Equal value.--The values of the Federal land and State 
     land exchanged under this subsection shall be equal, except 
     that the Secretary concerned may--
       (i) exchange land that is of approximately equal value if 
     such an exchange complies with the requirements of section 
     206(h) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1716(h)) (and any regulations implementing that 
     section) without regard to the monetary limitation described 
     in paragraph (1)(A) of that section; and
       (ii) make or accept an equalization payment, or waive an 
     equalization payment, if such a payment or waiver of a 
     payment complies with the requirements of section 206(b)

[[Page S2610]]

     of that Act (43 U.S.C. 1716(b)) (and any regulations 
     implementing that section).
       (B) Impacts on local governments.--In selecting public land 
     to offer to the State, the Secretary concerned may--
       (i) consider the financial impacts of exchanging specific 
     Federal land on local governments; and
       (ii) attempt to minimize the financial impact of the 
     exchange on local governments.
       (C) Existing authorizations.--
       (i) Federal land transferred to the state.--

       (I) In general.--Any Federal land transferred to the State 
     under this subsection shall be conveyed subject to any valid 
     existing rights, contracts, leases, permits, and rights-of-
     way, unless the holder of the right, contract, lease, permit, 
     or right-of-way requests an earlier termination in accordance 
     with existing law.
       (II) Assumption by state.--The State shall assume all 
     benefits and obligations of the Forest Service or the Bureau 
     of Land Management, as applicable, under the existing rights, 
     contracts, leases, permits, and rights-of-way described in 
     subclause (I).

       (ii) State land transferred to the united states.--

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

       (aa) assume all benefits and obligations of the State under 
     the existing rights, contracts, leases, permits, and rights-
     of-way described in subclause (I); and
       (bb) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-way, after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the benefit of 
     the Fort Belknap Indian Community.
       (D) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred to the United States under this subsection 
     shall--

       (I) remain the property of the holder; and
       (II) be removed not later than 90 days after the date on 
     which the right, contract, lease, permit, or right-of-way 
     expires, unless the Fort Belknap Indian Community and the 
     holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable for costs 
     incurred by the Fort Belknap Indian Community in removing and 
     disposing of the personal property under clause (ii)(II).
       (7) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of land owned by the State under 
     paragraph (3), the State may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     State parcels to be exchanged.
       (8) Assistance.--The Secretary shall provide $10,000,000 of 
     financial or other assistance to the State and the Fort 
     Belknap Indian Community as may be necessary to obtain the 
     appraisals, and to satisfy administrative requirements, 
     necessary to accomplish the exchanges under paragraph (2).
       (b) Federal Land Transfers.--
       (1) In general.--Subject to valid existing rights and the 
     requirements of this subsection, all right, title, and 
     interest of the United States in and to the land described in 
     paragraph (2) shall be held by the United States in trust for 
     the benefit of the Fort Belknap Indian Community as part of 
     the Reservation on the enforceability date.
       (2) Federal land.--
       (A) Bureau of land management parcels.--
       (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised 
     of--

       (I) 19.55 acres in lot 10;
       (II) 19.82 acres in lot 11; and
       (III) 20.09 acres in lot 16.

       (ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec. 
     5.
       (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised 
     of--

       (I) 20.39 acres in lot 2;
       (II) 20.72 acres in lot 7;
       (III) 21.06 acres in lot 8;
       (IV) 40.00 acres in lot 9;
       (V) 40.00 acres in lot 10;
       (VI) 40.00 acres in lot 11;
       (VII) 40.00 acres in lot 12;
       (VIII) 21.39 acres in lot 13; and
       (IX) 160 acres in SW\1/4\.

       (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised 
     of--

       (I) 18.06 acres in lot 5;
       (II) 18.25 acres in lot 6;
       (III) 18.44 acres in lot 7; and
       (IV) 15.88 acres in lot 8.

       (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised 
     of--

       (I) 17.65 acres in lot 5;
       (II) 17.73 acres in lot 6;
       (III) 17.83 acres in lot 7; and
       (IV) 17.91 acres in lot 8.

       (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised 
     of--

       (I) 21.56 acres in lot 6;
       (II) 29.50 acres in lot 7;
       (III) 17.28 acres in lot 8;
       (IV) 17.41 acres in lot 9; and
       (V) 17.54 acres in lot 10.

       (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 80 acres in the S\1/2\ of the NW\1/4\ ; and
       (II) 80 acres in the W\1/2\ of the SW\1/4\.

       (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, 
     comprised of--

       (I) 82.54 acres in the E\1/2\ of the NW\1/4\;
       (II) 164.96 acres in the NE\1/4\; and
       (III) 320 acres in the S\1/2\.

       (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in the SE\1/4\ of the NW\1/4\;
       (II) 160 acres in the SW\1/4\; and
       (III) 40 acres in the SW\1/4\ of the SE\1/4\.

       (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--

       (I) 80 acres in the E\1/2\ of the SE\1/4\; and
       (II) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised 
     of--

       (I) 160 acres in the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N., 
     R. 21 E., sec. 6.
       (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the SW\1/4\;
       (II) 160 acres in the NW\1/4\; and
       (III) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec. 
     9.
       (xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
       (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 160 acres in the SW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SE\1/4\.

       (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, 
     comprised of--

       (I) 6.62 acres in lot 1;
       (II) 5.70 acres in lot 2;
       (III) 56.61 acres in lot 5;
       (IV) 56.88 acres in lot 6;
       (V) 320 acres in the W\1/2\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
       (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 160 acres in the N\1/2\ of the S\1/2\; and
       (III) 80 acres in the S\1/2\ of the SE\1/4\.

       (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised 
     of--

       (I) 320 acres in the S\1/2\; and
       (II) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, 
     comprised of--

       (I) 58.25 acres in lot 3;
       (II) 58.5 acres in lot 4;
       (III) 58.76 acres in lot 5;
       (IV) 40 acres in the NW\1/4\ of the NE\1/4\;
       (V) 160 acres in the SW\1/4\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 24.36 acres in lot 1;
       (II) 24.35 acres in lot 2; and
       (III) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in lot 11; and
       (II) 40 acres in lot 12.

       (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the SW\1/4\;
       (II) 40 acres in the NW\1/4\ of the NW\1/4\; and
       (III) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec. 23.
       (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\;
       (II) 160 acres in the NE\1/4\;
       (III) 40 acres in the NE\1/4\ of the SE\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, 
     comprised of--

       (I) 80 acres in the S\1/2\ of the NE\1/4\; and
       (II) 40 acres in the SE\1/4\ of the NW\1/4\.

       (xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N., 
     R. 21 E., sec. 26.
       (xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec. 
     27.
       (xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 21 E., sec. 29.
       (xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec 30.
       (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, 
     comprised of--

       (I) 40 acres in the SE\1/4\ of the NE\1/4\; and
       (II) 80 acres in the N\1/2\ of the SE\1/4\.

       (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised 
     of--

       (I) 160 acres in the N\1/2\ of the S\1/2\;
       (II) 160 acres in the NE\1/4\;
       (III) 80 acres in the S\1/2\ of the NW\1/4\; and
       (IV) 40 acres in the SE\1/4\ of the SE\1/4\.

       (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, 
     comprised of--

       (I) 28.09 acres in lot 5;

[[Page S2611]]

       (II) 25.35 acres in lot 6;
       (III) 40 acres in lot 10; and
       (IV) 40 acres in lot 15.

       (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the NE\1/4\;
       (II) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (III) 80 acres in the W\1/2\ of the NW\1/4\.

       (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\; and
       (II) 40 acres in the NE\1/4\ of the SW\1/4\.

       (xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27 
     N., R. 22 E., sec. 9.
       (xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 22 E., sec. 17.
       (xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R. 
     22 E., sec. 19.
       (xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N., 
     R22 E., sec. 20.
       (xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N., 
     R. 22 E., sec. 31.
       (xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27 
     N., R. 22 E., sec. 33.
       (xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N., 
     R. 22 E., sec. 29.
       (xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N., 
     R. 21 E., sec. 7.
       (xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N., 
     R. 21 E., sec. 12.
       (xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26 
     N., R. 22 E., sec. 6.
       (xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E., 
     sec. 17.
       (xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N., 
     R. 22 E., sec. 20.
       (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NE\1/4\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 40 acres in the SE\1/4\ of the NW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the NE\1/4\.

       (B) Bureau of indian affairs.--The parcels of approximately 
     3,519.3 acres of trust land that have been converted to fee 
     land, judicially foreclosed on, acquired by the Department of 
     Agriculture, and transferred to the Bureau of Indian Affairs, 
     described in clauses (i) through (iii).
       (i) Parcel 1.--The land described in this clause is 640 
     acres in T. 29 N., R. 26 E., comprised of--

       (I) 160 acres in the SW\1/4\ of sec. 27;
       (II) 160 acres in the NE\1/4\ of sec. 33; and
       (III) 320 acres in the W\1/2\ of sec. 34.

       (ii) Parcel 2.--The land described in this clause is 320 
     acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
       (iii) Parcel 3.--The land described in this clause is 
     2,559.3 acres, comprised of--

       (I) T. 28 N., R. 24 E., including--

       (aa) of sec. 16--
       (AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\, 
     NE\1/4\;
       (BB) 10 acres in the E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/
     4\;
       (CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
       (DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
       (EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
       (FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\, 
     NE\1/4\; and
       (GG) 160 acres in the SE\1/4\;
       (bb) 640 acres in sec. 21;
       (cc) 320 acres in the S\1/2\ of sec. 22; and
       (dd) 320 acres in the W\1/2\ of sec. 27;

       (II) T. 29 N., R. 25 E., PMM, including--

       (aa) 320 acres in the S\1/2\ of sec. 1; and
       (bb) 320 acres in the N\1/2\ of sec. 12;

       (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
       (IV) T. 30 N., R. 26 E., PMM, including--

       (aa) 39.4 acres in sec. 3, lot 2;
       (bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
       (cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
       (dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
       (ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18; 
     and

       (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the 
     SE\1/4\ of sec. 31.

       (3) Terms and conditions.--
       (A) Existing authorizations.--
       (i) In general.--Federal land transferred under this 
     subsection shall be conveyed and taken into trust subject to 
     valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, and rights-of-way requests an earlier 
     termination in accordance with existing law.
       (ii) Assumption by bia.--The Bureau of Indian Affairs 
     shall--

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

       (B) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred under this subsection shall--

       (I) remain the property of the holder; and
       (II) be removed from the land not later than 90 days after 
     the date on which the right, contract, lease, permit, or 
     right-of-way expires, unless the Fort Belknap Indian 
     Community and the holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable to the Fort 
     Belknap Indian Community for costs incurred by the Fort 
     Belknap Indian Community in removing and disposing of the 
     property under clause (ii)(II).
       (C) Existing roads.--If any road within the Federal land 
     transferred under this subsection is necessary for customary 
     access to private land, the Bureau of Indian Affairs shall 
     offer the owner of the private land to apply for a right-of-
     way along the existing road, at the expense of the landowner.
       (D) Limitation on the transfer of water rights.--Water 
     rights that transfer with the land described in paragraph (2) 
     shall not become part of the Tribal water rights.
       (4) Withdrawal of federal land.--
       (A) In general.--Subject to valid existing rights, 
     effective on the date of enactment of this Act, all Federal 
     land within the parcels described in paragraph (2) is 
     withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (B) Expiration.--The withdrawals pursuant to subparagraph 
     (A) shall terminate on the date that the Secretary takes the 
     land into trust for the benefit of the Fort Belknap Indian 
     Community pursuant to paragraph (1).
       (C) No new reservation of federal water rights.--Nothing in 
     this paragraph establishes a new reservation in favor of the 
     United States or the Fort Belknap Indian Community with 
     respect to any water or water right on the land withdrawn by 
     paragraph (2).
       (5) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in paragraph (2), 
     the United States may, with the consent of the Fort Belknap 
     Indian Community, make technical corrections to the legal 
     land descriptions to more specifically identify the parcels.
       (6) Survey.--
       (A) In general.--Unless the United States or the Fort 
     Belknap Indian Community request an additional survey for the 
     transferred land or a technical correction is made under 
     paragraph (5), the description of land under this subsection 
     shall be controlling.
       (B) Additional survey.--If the United States or the Fort 
     Belknap Indian Community requests an additional survey, that 
     survey shall control the total acreage to be transferred into 
     trust under this subsection.
       (C) Assistance.--The Secretary shall provide such financial 
     or other assistance as may be necessary--
       (i) to conduct additional surveys under this subsection; 
     and
       (ii) to satisfy administrative requirements necessary to 
     accomplish the land transfers under this subsection.
       (7) Date of transfer.--The Secretary shall complete all 
     land transfers under this subsection and shall take the land 
     into trust for the benefit of the Fort Belknap Indian 
     Community as expeditiously as practicable after the 
     enforceability date, but not later than 10 years after the 
     enforceability date.
       (c) Tribally Owned Fee Land.--Not later than 10 years after 
     the enforceability date, the Secretary shall take into trust 
     for the benefit of the Fort Belknap Indian Community all fee 
     land owned by the Fort Belknap Indian Community on or 
     adjacent to the Reservation to become part of the 
     Reservation, provided that--
       (1) the land is free from any liens, encumbrances, or other 
     infirmities; and
       (2) no evidence exists of any hazardous substances on, or 
     other environmental liability with respect to, the land.
       (d) Dodson Land.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after the enforceability date, but not later than 
     10 years after the enforceability date, the Dodson Land 
     described in paragraph (3) shall be taken into trust by the 
     United States for the benefit of the Fort Belknap Indian 
     Community as part of the Reservation.
       (2) Restrictions.--The land taken into trust under 
     paragraph (1) shall be subject to a perpetual easement, 
     reserved by the United States for use by the Bureau of 
     Reclamation, its contractors, and its assigns for--
       (A) the right of ingress and egress for Milk River Project 
     purposes;
       (B) the right to--
       (i) seep, flood, and overflow the transferred land for Milk 
     River Project purposes;
       (ii) conduct routine and non-routine operation, 
     maintenance, and replacement activities on the Milk River 
     Project facilities, including modification to the headworks 
     at the upstream end of the Dodson South Canal in support of 
     Dodson South Canal enlargement, to include all associated 
     access, construction, and material storage necessary to 
     complete those activities; and
       (iii) prohibit the construction of permanent structures on 
     the transferred land, except--

[[Page S2612]]

       (I) as provided in the cooperative agreement under 
     paragraph (4); and
       (II) to meet the requirements of the Milk River Project.

       (3) Description of dodson land.--
       (A) In general.--The Dodson Land referred to in paragraphs 
     (1) and (2) is the approximately 2,500 acres of land owned by 
     the United States that is, as of the date of enactment of 
     this Act, under the jurisdiction of the Bureau of Reclamation 
     and located at the northeastern corner of the Reservation 
     (which extends to the point in the middle of the main channel 
     of the Milk River), where the Milk River Project facilities, 
     including the Dodson Diversion Dam, headworks to the Dodson 
     South Canal, and Dodson South Canal, are located, and more 
     particularly described as follows:
       (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 
     and 2.
       (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
       (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     18, 19, 20, and 29.
       (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     26, 27, 35, and 36.
       (B) Clarification.--The supplemental plats described in 
     clauses (i) through (iv) of subparagraph (A) are official 
     plats, as documented by retracement boundary surveys of the 
     General Land Office, approved on March 11, 1938, and on 
     record at the Bureau of Land Management.
       (C) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in subparagraph 
     (A), the United States may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     parcels to be transferred.
       (4) Cooperative agreement.--Not later than 3 years after 
     the enforceability date, the Bureau of Reclamation, the Malta 
     Irrigation District, the Bureau of Indian Affairs, and the 
     Fort Belknap Indian Community shall negotiate and enter into 
     a cooperative agreement that identifies the uses to which the 
     Fort Belknap Indian Community may put the land described in 
     paragraph (3), provided that the cooperative agreement may be 
     amended by mutual agreement of the Fort Belknap Indian 
     Community, Bureau of Reclamation, the Malta Irrigation 
     District, and the Bureau of Indian Affairs, including to 
     modify the perpetual easement to narrow the boundaries of the 
     easement or to terminate the perpetual easement and 
     cooperative agreement.
       (e) Land Status.--All land held in trust by the United 
     States for the benefit of the Fort Belknap Indian Community 
     under this section shall be--
       (1) beneficially owned by the Fort Belknap Indian 
     Community; and
       (2) part of the Reservation and administered in accordance 
     with the laws and regulations generally applicable to land 
     held in trust by the United States for the benefit of an 
     Indian Tribe.

     SEC. 6007. STORAGE ALLOCATION FROM LAKE ELWELL.

       (a) Storage Allocation of Water to Fort Belknap Indian 
     Community.--The Secretary shall allocate to the Fort Belknap 
     Indian Community 20,000 acre-feet per year of water stored in 
     Lake Elwell for use by the Fort Belknap Indian Community for 
     any beneficial purpose on or off the Reservation, under a 
     water right held by the United States and managed by the 
     Bureau of Reclamation for the benefit of the Fort Belknap 
     Indian Community, as measured and diverted at the outlet 
     works of the Tiber Dam or through direct pumping from Lake 
     Elwell.
       (b) Treatment.--
       (1) In general.--The allocation to the Fort Belknap Indian 
     Community under subsection (a) shall be considered to be part 
     of the Tribal water rights.
       (2) Priority date.--The priority date of the allocation to 
     the Fort Belknap Indian Community under subsection (a) shall 
     be the priority date of the Lake Elwell water right held by 
     the Bureau of Reclamation.
       (3) Administration.--The Fort Belknap Indian Community 
     shall administer the water allocated under subsection (a) in 
     accordance with the Compact and this division.
       (c) Allocation Agreement.--
       (1) In general.--As a condition of receiving an allocation 
     under this section, the Fort Belknap Indian Community shall 
     enter into an agreement with the Secretary to establish the 
     terms and conditions of the allocation, in accordance with 
     the Compact and this division.
       (2) Inclusions.--The agreement under paragraph (1) shall 
     include provisions establishing that--
       (A) the agreement shall be without limit as to term;
       (B) the Fort Belknap Indian Community, and not the United 
     States, shall be entitled to all consideration due to the 
     Fort Belknap Indian Community under any lease, contract, 
     exchange, or agreement entered into by the Fort Belknap 
     Indian Community pursuant to subsection (d);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease, contract, exchange, or 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d); or
       (ii) the expenditure of those funds;
       (D) if the capacity or function of Lake Elwell facilities 
     are significantly reduced, or are anticipated to be 
     significantly reduced, for an extended period of time, the 
     Fort Belknap Indian Community shall have the same storage 
     rights as other storage contractors with respect to the 
     allocation under this section;
       (E) the costs associated with the construction of the 
     storage facilities at Tiber Dam allocable to the Fort Belknap 
     Indian Community shall be nonreimbursable;
       (F) no water service capital charge shall be due or payable 
     for any water allocated to the Fort Belknap Indian Community 
     under this section or the allocation agreement, regardless of 
     whether that water is delivered for use by the Fort Belknap 
     Indian Community or under a lease, contract, exchange, or by 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d);
       (G) the Fort Belknap Indian Community shall not be required 
     to make payments to the United States for any water allocated 
     to the Fort Belknap Indian Community under this section or 
     the allocation agreement, except for each acre-foot of stored 
     water leased or transferred for industrial purposes as 
     described in subparagraph (H); and
       (H) for each acre-foot of stored water leased or 
     transferred by the Fort Belknap Indian Community for 
     industrial purposes--
       (i) the Fort Belknap Indian Community shall pay annually to 
     the United States an amount necessary to cover the 
     proportional share of the annual operations, maintenance, and 
     replacement costs allocable to the quantity of water leased 
     or transferred by the Fort Belknap Indian Community for 
     industrial purposes; and
       (ii) the annual payments of the Fort Belknap Indian 
     Community shall be reviewed and adjusted, as appropriate, to 
     reflect the actual operations, maintenance, and replacement 
     costs for Tiber Dam.
       (d) Agreement by Fort Belknap Indian Community.--The Fort 
     Belknap Indian Community may use, lease, contract, exchange, 
     or enter into other agreements for the use of the water 
     allocated to the Fort Belknap Indian Community under 
     subsection (a) if--
       (1) the use of water that is the subject of such an 
     agreement occurs within the Missouri River Basin; and
       (2) the agreement does not permanently alienate any water 
     allocated to the Fort Belknap Indian Community under that 
     subsection.
       (e) Effective Date.--The allocation under subsection (a) 
     takes effect on the enforceability date.
       (f) No Carryover Storage.--The allocation under subsection 
     (a) shall not be increased by any year-to-year carryover 
     storage.
       (g) Development and Delivery Costs.--The United States 
     shall not be required to pay the cost of developing or 
     delivering any water allocated under this section.

     SEC. 6008. MILK RIVER PROJECT MITIGATION.

       (a) In General.--In complete satisfaction of the Milk River 
     Project mitigation requirements provided for in Article VI.B. 
     of the Compact, the Secretary, acting through the 
     Commissioner--
       (1) in cooperation with the State and the Blackfeet Tribe, 
     shall carry out appropriate activities concerning the 
     restoration of the St. Mary Canal and associated facilities, 
     including activities relating to the--
       (A) planning and design to restore the St. Mary Canal and 
     appurtenances to convey 850 cubic-feet per second; and
       (B) rehabilitating, constructing, and repairing of the St. 
     Mary Canal and appurtenances; and
       (2) in cooperation with the State and the Fort Belknap 
     Indian Community, shall carry out appropriate activities 
     concerning the enlargement of Dodson South Canal and 
     associated facilities, including activities relating to the--
       (A) planning and design to enlarge Dodson South Canal and 
     headworks at the upstream end of Dodson South Canal to divert 
     and convey 700 cubic-feet per second; and
       (B) rehabilitating, constructing, and enlarging the Dodson 
     South Canal and headworks at the upstream end of Dodson South 
     Canal to divert and convey 700 cubic-feet per second.
       (b) Funding.--The total amount of obligations incurred by 
     the Secretary, prior to any adjustments provided for in 
     section 6014(b), shall not exceed $300,000,000 to carry out 
     activities described in subsection (c)(1)
       (c) Satisfaction of Mitigation Requirement.--
     Notwithstanding any provision of the Compact, the mitigation 
     required by Article VI.B. of the Compact shall be deemed 
     satisfied if--
       (1) the Secretary has--
       (A) restored the St. Mary Canal and associated facilities 
     to convey 850 cubic-feet per second; and
       (B) enlarged the Dodson South Canal and headworks at the 
     upstream end of Dodson South Canal to divert and convey 700 
     cubic-feet per second; or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to section 6014(a)(1)(D) to rehabilitate the St Mary 
     Canal and enlarge the Dodson South Canal; and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).
       (d) Nonreimbursability of Costs.--The costs to the 
     Secretary of carrying out this section shall be 
     nonreimbursable.

[[Page S2613]]

  


     SEC. 6009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the Assistant 
     Secretary for Indian Affairs, shall rehabilitate, modernize, 
     and expand the Fort Belknap Indian Irrigation Project, which 
     shall include--
       (1) planning, studies, and designing of the existing and 
     expanded Milk River unit, including the Pumping Plant, 
     delivery pipe and canal, Fort Belknap Dam and Reservoir, and 
     Peoples Creek Flood Protection Project;
       (2) the rehabilitation, modernization, and construction of 
     the existing Milk River unit; and
       (3) construction of the expanded Milk River Project, 
     including the Pumping Plant, delivery pipe and canal, Fort 
     Belknap Dam and Reservoir, and Peoples Creek Flood Protection 
     Project.
       (b) Lead Agency.--The Bureau of Indian Affairs shall serve 
     as the lead agency with respect to any activities carried out 
     under this section.
       (c) Consultation With the Fort Belknap Indian Community.--
     The Secretary shall consult with the Fort Belknap Indian 
     Community on appropriate changes to the final design and 
     costs of any activity under this section.
       (d) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section, prior to any 
     adjustment provided for in section 6014(b), shall not exceed 
     $415,832,153.
       (e) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (f) Administration.--The Assistant Secretary of Indian 
     Affairs and the Fort Belknap Indian Community shall negotiate 
     the cost of any oversight activity carried out by the Bureau 
     of Indian Affairs under any agreement entered into under 
     subsection (i), subject to the condition that the total cost 
     for the oversight shall not exceed 3 percent of the total 
     project costs for each project.
       (g) Project Efficiencies.--If the total cost of planning, 
     studies, design, rehabilitation, modernization, and 
     construction activities relating to the projects described in 
     subsection (a) results in cost savings and is less than the 
     amounts authorized to be obligated, the Secretary, at the 
     request of the Fort Belknap Indian Community, shall deposit 
     those savings in the Fort Belknap Indian Community Water 
     Resources and Water Rights Administration, Operation, and 
     Maintenance Account established under section 6012(b)(2).
       (h) Treatment.--Any activities carried out pursuant to this 
     section that result in improvements, additions, or 
     modifications to the Fort Belknap Indian Irrigation Project 
     shall--
       (1) become a part of the Fort Belknap Indian Irrigation 
     Project; and
       (2) be recorded in the inventory of the Secretary relating 
     to the Fort Belknap Indian Irrigation Project.
       (i) Applicability of ISDEAA.--At the request of the Fort 
     Belknap Indian Community, and in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.), the Secretary shall enter into agreements with 
     the Fort Belknap Indian Community to carry out all or a 
     portion of this section.
       (j) Effect.--Nothing in this section--
       (1) alters any applicable law under which the Bureau of 
     Indian Affairs collects assessments or carries out the 
     operations and maintenance of the Fort Belknap Indian 
     Irrigation Project; or
       (2) impacts the availability of amounts under section 6014.
       (k) Satisfaction of Fort Belknap Indian Irrigation Project 
     System Requirement.--The obligations of the Secretary under 
     subsection (a) shall be deemed satisfied if--
       (1) the Secretary has rehabilitated, modernized, and 
     expanded the Fort Belknap Indian Irrigation Project in 
     accordance with subsection (a); or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 
     6014(a); and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).

     SEC. 6010. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits provided under this division 
     shall be in complete replacement of, complete substitution 
     for, and full satisfaction of any claim of the Fort Belknap 
     Indian Community against the United States that is waived and 
     released by the Fort Belknap Indian Community under section 
     6011(a).
       (b) Allottees.--The benefits realized by the allottees 
     under this division shall be in complete replacement of, 
     complete substitution for, and full satisfaction of--
       (1) all claims waived and released by the United States 
     (acting as trustee for the allottees) under section 
     6011(a)(2); and
       (2) any claims of the allottees against the United States 
     similar to the claims described in section 6011(a)(2) that 
     the allottee asserted or could have asserted.

     SEC. 6011. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waiver and release of claims by the fort belknap indian 
     community and united states as trustee for the fort belknap 
     indian community.--Subject to the reservation of rights and 
     retention of claims under subsection (d), as consideration 
     for recognition of the Tribal water rights and other benefits 
     described in the Compact and this division, the Fort Belknap 
     Indian Community, acting on behalf of the Fort Belknap Indian 
     Community and members of the Fort Belknap Indian Community 
     (but not any member of the Fort Belknap Indian Community as 
     an allottee), and the United States, acting as trustee for 
     the Fort Belknap Indian Community and the members of the Fort 
     Belknap Indian Community (but not any member of the Fort 
     Belknap Indian Community as an allottee), shall execute a 
     waiver and release of all claims for water rights within the 
     State that the Fort Belknap Indian Community, or the United 
     States acting as trustee for the Fort Belknap Indian 
     Community, asserted or could have asserted in any proceeding, 
     including a State stream adjudication, on or before the 
     enforceability date, except to the extent that such rights 
     are recognized in the Compact and this division.
       (2) Waiver and release of claims by the united states as 
     trustee for allottees.--Subject to the reservation of rights 
     and the retention of claims under subsection (d), as 
     consideration for recognition of the Tribal water rights and 
     other benefits described in the Compact and this division, 
     the United States, acting as trustee for the allottees, shall 
     execute a waiver and release of all claims for water rights 
     within the Reservation that the United States, acting as 
     trustee for the allottees, asserted or could have asserted in 
     any proceeding, including a State stream adjudication, on or 
     before the enforceability date, except to the extent that 
     such rights are recognized in the Compact and this division.
       (3) Waiver and release of claims by the fort belknap indian 
     community against the united states.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), the Fort Belknap Indian Community, acting on 
     behalf of the Fort Belknap Indian Community and members of 
     the Fort Belknap Indian Community (but not any member of the 
     Fort Belknap Indian Community as an allottee), shall execute 
     a waiver and release of all claims against the United States 
     (including any agency or employee of the United States)--
       (A) first arising before the enforceability date relating 
     to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Fort Belknap Indian Community, 
     asserted or could have asserted in any proceeding, including 
     a general stream adjudication in the State, except to the 
     extent that such rights are recognized as Tribal water rights 
     under this division;
       (ii) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (iii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights, 
     including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the State;
       (iv) a failure to establish or provide a municipal rural or 
     industrial water delivery system on the Reservation;
       (v) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of the Fort Belknap Indian Irrigation Project and 
     other Federal land and facilities (including damages, losses, 
     or injuries to Tribal fisheries, fish habitat, wildlife, and 
     wildlife habitat);
       (vi) a failure to provide for operation and maintenance, or 
     deferred maintenance, for the Fort Belknap Indian Irrigation 
     Project or any other irrigation system or irrigation project;
       (vii) the litigation of claims relating to any water rights 
     of the Fort Belknap Indian Community in the State;
       (viii) the negotiation, execution, or adoption of the 
     Compact (including appendices) and this division;
       (ix) the taking or acquisition of land or resources of the 
     Fort Belknap Indian Community for the construction or 
     operation of the Fort Belknap Indian Irrigation Project or 
     the Milk River Project; and
       (x) the allocation of water of the Milk River and the St. 
     Mary River (including tributaries) between the United States 
     and Canada pursuant to the International Boundary Waters 
     Treaty of 1909 (36 Stat. 2448); and
       (B) relating to damage, loss, or injury to water, water 
     rights, land, or natural resources due to mining activities 
     in the Little Rockies Mountains prior to the date of trust 
     acquisition, including damages, losses, or injuries to 
     hunting, fishing, gathering, or cultural rights.
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the enforceability date.
       (c) Objections in Montana Water Court.--Nothing in this 
     division or the Compact prohibits the Fort Belknap Indian 
     Community, a member of the Fort Belknap Indian Community, an 
     allottee, or the United States in any capacity from objecting 
     to any claim to a water right filed in any general stream 
     adjudication in the Montana Water Court.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Fort Belknap Indian Community, acting on behalf of 
     the Fort Belknap Indian Community and members of the Fort 
     Belknap Indian Community, and the United States, acting as

[[Page S2614]]

     trustee for the Fort Belknap Indian Community and the 
     allottees shall retain--
       (1) all claims relating to--
       (A) the enforcement of water rights recognized under the 
     Compact, any final court decree relating to those water 
     rights, or this division or to water rights accruing on or 
     after the enforceability date;
       (B) the quality of water under--
       (i) CERCLA, including damages to natural resources;
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.); and
       (iv) any regulations implementing the Acts described in 
     clauses (i) through (iii);
       (C) damage, loss, or injury to land or natural resources 
     that are--
       (i) not due to loss of water or water rights (including 
     hunting, fishing, gathering, or cultural rights); and
       (ii) not described in subsection (a)(3); and
       (D) an action to prevent any person or party (as defined in 
     sections 29 and 30 of Article II of the Compact) from 
     interfering with the enjoyment of the Tribal water rights;
       (2) all claims relating to off-Reservation hunting rights, 
     fishing rights, gathering rights, or other rights;
       (3) all claims relating to the right to use and protect 
     water rights acquired after the date of enactment of this 
     Act;
       (4) all claims relating to the allocation of waters of the 
     Milk River and the Milk River Project between the Fort 
     Belknap Indian Community and the Blackfeet Tribe, pursuant to 
     section 3705(e)(3) of the Blackfeet Water Rights Settlement 
     Act (Public Law 114-322; 130 Stat. 1818);
       (5) all claims relating to the enforcement of this 
     division, including the required transfer of land under 
     section 6006; and
       (6) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     division or the Compact.
       (e) Effect of Compact and Division.--Nothing in the Compact 
     or this division--
       (1) affects the authority of the Fort Belknap Indian 
     Community to enforce the laws of the Fort Belknap Indian 
     Community, including with respect to environmental 
     protections;
       (2) affects the ability of the United States, acting as 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) CERCLA; and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) affects the ability of the United States to act as 
     trustee for any other Indian Tribe or an allottee of any 
     other Indian Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law relating to health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action;
       (5) waives any claim of a member of the Fort Belknap Indian 
     Community in an individual capacity that does not derive from 
     a right of the Fort Belknap Indian Community;
       (6) revives any claim adjudicated in the decision in Gros 
     Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); 
     or
       (7) revives any claim released by an allottee or member of 
     the Fort Belknap Indian Community in the settlement in Cobell 
     v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
       (f) Enforceability Date.--The enforceability date shall be 
     the date on which the Secretary publishes in the Federal 
     Register a statement of findings that--
       (1) the eligible members of the Fort Belknap Indian 
     Community have voted to approve this division and the Compact 
     by a majority of votes cast on the day of the vote;
       (2)(A) the Montana Water Court has approved the Compact in 
     a manner from which no further appeal may be taken; or
       (B) if the Montana Water Court is found to lack 
     jurisdiction, the appropriate district court of the United 
     States has approved the Compact as a consent decree from 
     which no further appeal may be taken;
       (3) all of the amounts authorized to be appropriated under 
     section 6014 have been appropriated and deposited in the 
     designated accounts;
       (4) the Secretary and the Fort Belknap Indian Community 
     have executed an allocation agreement described in section 
     6007(c)(1);
       (5) the State has provided the required funding into the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account of the Trust Fund 
     pursuant to section 6014(a)(3); and
       (6) the waivers and releases under subsection (a) have been 
     executed by the Fort Belknap Indian Community and the 
     Secretary.
       (g) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     enforceability date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitations or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (h) Expiration.--
       (1) In general.--This division shall expire in any case in 
     which--
       (A) the amounts authorized to be appropriated by this 
     division have not been made available to the Secretary by not 
     later than--
       (i) January 21, 2034; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary; or
       (B) the Secretary fails to publish a statement of findings 
     under subsection (f) by not later than--
       (i) January 21, 2035; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary, after 
     providing reasonable notice to the State.
       (2) Consequences.--If this division expires under paragraph 
     (1)--
       (A) the waivers and releases under subsection (a) shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Compact under section 6004 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this division 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, together with any interest earned on those funds, 
     and any water rights or contracts to use water and title to 
     other property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this division shall be returned to the Federal 
     Government, unless otherwise agreed to by the Fort Belknap 
     Indian Community and the United States and approved by 
     Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Fort Belknap Indian Community; or
       (bb) any user of the Tribal water rights; or

       (II) any other matter described in subsection (a)(3); or

       (ii) in any future settlement of water rights of the Fort 
     Belknap Indian Community or an allottee.

     SEC. 6012. AANIIIH NAKODA SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Fort Belknap Indian Community, to be known as 
     the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Trust Fund under subsection (c), together 
     with any investment earnings, including interest, earned on 
     those amounts, for the purpose of carrying out this division.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Fort Belknap Indian Community Tribal Irrigation and 
     Other Water Resources Development Account.
       (2) The Fort Belknap Indian Community Water Resources and 
     Water Rights Administration, Operation, and Maintenance 
     Account.
       (3) The Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account established 
     under subsection (b)(1), the amounts made available pursuant 
     to paragraphs (1)(A) and (2)(A)(i) of section 6014(a);
       (2) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the amounts made 
     available pursuant to section 6014(a)(2)(A)(ii); and
       (3) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the amounts made 
     available pursuant to paragraphs (1)(B) and (2)(A)(iii) of 
     section 6014(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Trust Fund pursuant to subsection (c), 
     the Secretary shall manage, invest, and distribute all 
     amounts in the Trust Fund in accordance with the investment 
     authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.

[[Page S2615]]

       (2) Investment earnings.--In addition to the amounts 
     deposited under subsection (c), any investment earnings, 
     including interest, credited to amounts held in the Trust 
     Fund shall be available for use in accordance with 
     subsections (e) and (g).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, including 
     interest, earned on those amounts shall be made available--
       (A) to the Fort Belknap Indian Community by the Secretary 
     beginning on the enforceability date; and
       (B) subject to the uses and restrictions in this section.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account established under subsection (b)(1) shall be 
     available to the Fort Belknap Indian Community on the date on 
     which the amounts are deposited for uses described in 
     subparagraph (A) and (B) of subsection (g)(1);
       (B) amounts deposited in the Fort Belknap Indian Community 
     Water Resources and Water Rights Administration, Operation, 
     and Maintenance Account established under subsection (b)(2) 
     shall be made available to the Fort Belknap Indian Community 
     on the date on which the amounts are deposited and the Fort 
     Belknap Indian Community has satisfied the requirements of 
     section 6011(f)(1), for the uses described in subsection 
     (g)(2)(A); and
       (C) amounts deposited in the Fort Belknap Indian Community 
     Clean and Safe Domestic Water and Sewer Systems, and Lake 
     Elwell Project Account established under subsection (b)(3) 
     shall be available to the Fort Belknap Indian Community on 
     the date on which the amounts are deposited for the uses 
     described in subsection (g)(3)(A).
       (f) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Fort Belknap Indian Community may 
     withdraw any portion of the funds in the Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Fort Belknap Indian Community in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Fort Belknap Indian 
     Community spend all amounts withdrawn from the Trust Fund, 
     and any investment earnings accrued through the investments 
     under the Tribal management plan, in accordance with this 
     division.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary--
       (i) to enforce the Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Trust Fund 
     by the Fort Belknap Indian Community under this paragraph are 
     used in accordance with this division.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--The Fort Belknap Indian Community may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Fort Belknap 
     Indian Community shall submit to the Secretary for approval 
     an expenditure plan for any portion of the Trust Fund that 
     the Fort Belknap Indian Community elects to withdraw pursuant 
     to this paragraph, subject to the condition that the funds 
     shall be used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Fort Belknap Indian Community in 
     accordance with subsections (e) and (g).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this division.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (g) Uses.--Amounts from the Trust Fund shall be used by the 
     Fort Belknap Indian Community for the following purposes:
       (1) Fort belknap indian community tribal irrigation and 
     other water resources development account.--Amounts in the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account established under 
     subsection (b)(1) shall be used to pay the cost of activities 
     relating to--
       (A) planning, studies, and design of the Southern Tributary 
     Irrigation Project and the Peoples Creek Irrigation Project, 
     including the Upper Peoples Creek Dam and Reservoir, as 
     described in the Fort Belknap Indian Community Comprehensive 
     Water Development Plan dated 2019;
       (B) environmental compliance;
       (C) construction of the Southern Tributary Irrigation 
     Project and the Peoples Creek Irrigation Project, including 
     the Upper Peoples Creek Dam and Reservoir;
       (D) wetlands restoration and development;
       (E) stock watering infrastructure; and
       (F) on farm development support and reacquisition of fee 
     lands within the Fort Belknap Indian Irrigation Project.
       (2) Fort belknap indian community water resources and water 
     rights administration, operation, and maintenance account.--
     Amounts in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities described in subparagraphs (A) through (C) as 
     follows:
       (A) $9,000,000 shall be used for the establishment, 
     operation, and capital expenditures in connection with the 
     administration of the Tribal water resources and water rights 
     development, including the development or enactment of a 
     Tribal water code.
       (B) Only investment earnings, including interest, on 
     $29,299,059 shall be used and be available to pay the costs 
     of activities for administration, operations, and regulation 
     of the Tribal water resources and water rights department, in 
     accordance with the Compact and this division.
       (C) Only investment earnings, including interest, on 
     $28,331,693 shall be used and be available to pay the costs 
     of activities relating to a portion of the annual assessment 
     costs for the Fort Belknap Indian Community and Tribal 
     members, including allottees, under the Fort Belknap Indian 
     Irrigation Project.
       (3) Fort belknap indian community clean and safe domestic 
     water and sewer systems, and lake elwell project account.--
     Amounts in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities relating to--
       (A) planning, studies, and design of domestic water supply, 
     sewer collection and treatment systems, and Lake Elwell 
     Project, as described in the Fort Belknap Indian Community 
     Comprehensive Water Development Plan dated 2019, including 
     water delivery to the southern part of the Reservation;
       (B) construction of domestic water supply, sewer 
     collection, and treatment systems;
       (C) construction, in accordance with applicable law, of 
     infrastructure for delivery of Lake Elwell water diverted 
     from the Missouri River to the southern part of the 
     Reservation; and
       (D) planning, studies, design, and construction of a Tribal 
     wellness center for a work force health and wellbeing 
     project.
       (h) Liability.--The Secretary shall not be liable for any 
     expenditure or investment of amounts withdrawn from the Trust 
     Fund by the Fort Belknap Indian Community pursuant to 
     subsection (f).
       (i) Project Efficiencies.--If the total cost of the 
     activities described in subsection (g) results in cost 
     savings and is less than the amounts authorized to be 
     obligated under any of paragraphs (1) through (3) of that 
     subsection required to carry out those activities, the 
     Secretary, at the request of the Fort Belknap Indian 
     Community, shall deposit those savings in the Trust Fund to 
     be used in accordance with that subsection.
       (j) Annual Report.--The Fort Belknap Indian Community shall 
     submit to the Secretary an annual expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan described in this section.
       (k) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Fort Belknap Indian 
     Community on a per capita basis.
       (l) Effect.--Nothing in this division entitles the Fort 
     Belknap Indian Community to judicial review of a 
     determination of the Secretary regarding whether to approve a 
     Tribal management plan under subsection (f)(1) or an 
     expenditure plan under subsection (f)(2), except as provided 
     under subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').

     SEC. 6013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT 
                   IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a non-trust, interest-bearing account to be 
     known as the ``Fort Belknap Indian Community Water Settlement 
     Implementation Fund'', to be managed and distributed by the 
     Secretary, for use by the Secretary for carrying out this 
     division.
       (b) Accounts.--The Secretary shall establish in the 
     Implementation Fund the following accounts:
       (1) The Fort Belknap Indian Irrigation Project System 
     Account.
       (2) The Milk River Project Mitigation Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Irrigation Project System 
     Account established under

[[Page S2616]]

     subsection (b)(1), the amount made available pursuant to 
     paragraphs (1)(C) and (2)(A)(iv) of section 6014(a); and
       (2) in the Milk River Project Mitigation Account 
     established under subsection (b)(2), the amount made 
     available pursuant to section 6014(a)(1)(D).
       (d) Uses.--
       (1) Fort belknap indian irrigation project system 
     account.--The Fort Belknap Indian Irrigation Project 
     Rehabilitation Account established under subsection (b)(1) 
     shall be used to carry out section 6009, except as provided 
     in subsection (g) of that section.
       (2) Milk river project mitigation account.--The Milk River 
     Project Mitigation Account established under subsection 
     (b)(2) may only be used to carry out section 6008.
       (e) Management.--
       (1) In general.--Amounts in the Implementation Fund shall 
     not be available to the Secretary for expenditure until the 
     enforceability date.
       (2) Exception.--Notwithstanding paragraph (1), amounts 
     deposited in the Fort Belknap Indian Irrigation Project 
     System Account established under subsection (b)(1) shall be 
     available to the Secretary on the date on which the amounts 
     are deposited for uses described in paragraphs (1) and (2) of 
     section 6009(a).
       (f) Interest.--In addition to the deposits under subsection 
     (c), any interest credited to amounts unexpended in the 
     Implementation Fund are authorized to be appropriated to be 
     used in accordance with the uses described in subsection (d).

     SEC. 6014. FUNDING.

       (a) Funding.--
       (1) Authorization of appropriations.--Subject to subsection 
     (b), there are authorized to be appropriated to the 
     Secretary--
       (A) for deposit in the Fort Belknap Indian Community Tribal 
     Irrigation and Other Water Resources Development Account of 
     the Trust Fund established under section 6012(b)(1), 
     $89,643,100, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury;
       (B) for deposit in the Fort Belknap Indian Community Clean 
     and Safe Domestic Water and Sewer Systems, and Lake Elwell 
     Project Account of the Trust Fund established under section 
     6012(b)(3), $331,885,220, to be retained until expended, 
     withdrawn, or reverted to the general fund of the Treasury;
       (C) for deposit in the Fort Belknap Indian Irrigation 
     Project System Account of the Implementation Fund established 
     under section 6013(b)(1), such sums as are necessary, but not 
     more than $187,124,469, for the Secretary to carry out 
     section 6009, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury; and
       (D) for deposit in the Milk River Project Mitigation 
     Account of the Implementation Fund established under section 
     6013(b)(2), such sums as are necessary, but not more than 
     $300,000,000, for the Secretary to carry out obligations of 
     the Secretary under section 6008, to be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury.
       (2) Mandatory appropriations.--
       (A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     deposit--
       (i) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account of the Trust 
     Fund established under section 6012(b)(1), $29,881,034, to be 
     retained until expended, withdrawn, or reverted to the 
     general fund of the Treasury;
       (ii) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account of the Trust Fund established under section 
     6012(b)(2), $66,630,752;
       (iii) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account of the Trust Fund established under section 
     6012(b)(3), $110,628,407; and
       (iv) in the Fort Belknap Indian Irrigation Project System 
     Account of the Implementation Fund established under section 
     6013(b)(1), $228,707,684.
       (B) Availability.--Amounts deposited in the Trust Fund 
     under subparagraph (A) shall be available without further 
     appropriation.
       (3) State cost share.--The State shall contribute 
     $5,000,000, plus any earned interest, payable to the 
     Secretary for deposit in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account of the Trust Fund established under section 
     6012(b)(1) on approval of a final decree by the Montana Water 
     Court for the purpose of activities relating to the Upper 
     Peoples Creek Dam and Reservoir under subparagraphs (A) 
     through (C) of section 6012(g)(1).
       (b) Fluctuation in Costs.--
       (1) In general.--The amounts authorized to be appropriated 
     under paragraphs (1) and (2) of subsection (a) and this 
     subsection shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend; and
       (B) adjusted to address construction cost changes necessary 
     to account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (2) Repetition.--The adjustment process under paragraph (1) 
     shall be repeated for each subsequent amount appropriated 
     until the amount authorized to be appropriated under 
     subsection (a), as adjusted, has been appropriated.
       (3) Period of indexing.--
       (A) Trust fund.--With respect to the Trust Fund, the period 
     of indexing adjustment under paragraph (1) for any increment 
     of funding shall end on the date on which the funds are 
     deposited into the Trust Fund.
       (B) Implementation fund.--With respect to the 
     Implementation Fund, the period of adjustment under paragraph 
     (1) for any increment of funding shall be annually.

     SEC. 6015. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Except as provided in subsections (a) through (c) of section 
     208 of the Department of Justice Appropriation Act, 1953 (43 
     U.S.C. 666), nothing in this division waives the sovereign 
     immunity of the United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Fort Belknap Indian 
     Community.
       (c) Elimination of Debts or Liens Against Allotments of the 
     Fort Belknap Indian Community Members Within the Fort Belknap 
     Indian Irrigation Project.--On the date of enactment of this 
     Act, the Secretary shall cancel and eliminate all debts or 
     liens against the allotments of land held by the Fort Belknap 
     Indian Community and the members of the Fort Belknap Indian 
     Community due to construction assessments and annual 
     operation and maintenance charges relating to the Fort 
     Belknap Indian Irrigation Project.
       (d) Effect on Current Law.--Nothing in this division 
     affects any provision of law (including regulations) in 
     effect on the day before the date of enactment of this Act 
     with respect to pre-enforcement review of any Federal 
     environmental enforcement action.
       (e) Effect on Reclamation Laws.--The activities carried out 
     by the Commissioner under this division shall not establish a 
     precedent or impact the authority provided under any other 
     provision of the reclamation laws, including--
       (1) the Reclamation Rural Water Supply Act of 2006 (43 
     U.S.C. 2401 et seq.); and
       (2) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991).
       (f) Additional Funding.--Nothing in this division prohibits 
     the Fort Belknap Indian Community from seeking--
       (1) additional funds for Tribal programs or purposes; or
       (2) funding from the United States or the State based on 
     the status of the Fort Belknap Indian Community as an Indian 
     Tribe.
       (g) Rights Under State Law.--Except as provided in section 
     1 of Article III of the Compact (relating to the closing of 
     certain water basins in the State to new appropriations in 
     accordance with the laws of the State), nothing in this 
     division or the Compact precludes the acquisition or exercise 
     of a right arising under State law (as defined in section 6 
     of Article II of the Compact) to the use of water by the Fort 
     Belknap Indian Community, or a member or allottee of the Fort 
     Belknap Indian Community, outside the Reservation by--
       (1) purchase of the right; or
       (2) submitting to the State an application in accordance 
     with State law.
       (h) Water Storage and Importation.--Nothing in this 
     division or the Compact prevents the Fort Belknap Indian 
     Community from participating in any project to import water 
     to, or to add storage in, the Milk River Basin.

     SEC. 6016. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     division, including any obligation or activity under the 
     Compact, if--
       (1) adequate appropriations are not provided by Congress 
     expressly to carry out the purposes of this division; or
       (2) there are not enough funds available in the Reclamation 
     Water Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) 
     to carry out the purposes of this division.
                                 ______
                                 
  SA 455. Mr. PADILLA 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__. STUDY ON USE OF MONOLITHIC INDIUM PHOSPHIDE SYSTEM 
                   ON CHIP PHOTONIC INTEGRATED CIRCUITS IN DEFENSE 
                   SUPPLY CHAINS.

       (a) Study.--The Secretary of Defense shall conduct [a] 
     study on the benefits, challenges, and opportunities 
     associated with the use of monolithic indium phosphide system

[[Page S2617]]

     on chip photonic integrated circuits (referred to in this 
     section as ``MInPSOCPICs'') in supply chains of the 
     Department of Defense.
       (b) Elements.--The study under subsection (a) shall address 
     the following:
       (1) The potential of use of MInPSOCPICs for defense 
     applications such as--
       (A) secure and high-speed communications networks, 
     including satellite based networks;
       (B) quantum information systems, sensing, and 
     communications;
       (C) microelectronics hardware architectures supporting 
     artificial intelligence applications;
       (D) precision position, timing, and navigation sensors, 
     such as short and long-range Light Detection and Ranging 
     systems or atomic clocks;
       (E) directed energy weapons; and
       (F) other such applications as determined by the Secretary.
       (2) The benefits associated with the use of MInPSOCPICs in 
     the Department supply chains, including benefits with respect 
     to power consumption, thermal management, light generation 
     and transmission, speed of data transfer, level of 
     integration and functional complexity, compatibility with 
     other electronics technologies, cost, size, performance 
     (linearity, noise, signal-to-noise-ratio, and output power), 
     and reliability of MInSOCPICs.
       (3) The challenges associated with the use of MInPSOCPICs 
     in the Department supply chains, including challenges 
     relating to--
       (A) domestic production at scale of MInPSOCPICs;
       (B) availability of domestic sources of MInPSOCPICs;
       (C) reliance on, development and use of, and attempts to 
     produce by foreign adversaries related to MInPSOCPICs, 
     heterogenous photonic integrated circuits, and indium and 
     phosphide-based microelectronics generally and at scale;
       (D) ability to scale the integration and packaging of 
     MInPSOCPICs; and
       (E) ability to integrate diverse functions for critical 
     applications on MInPSOCPICs.
       (4) The opportunities associated with the use of 
     MInPSOCPICs in the Department supply chains, including 
     opportunities for new technology developments and 
     applications, and heterogeneously integrated indium and 
     phosphide photonic integrated circuits for defense purposes.
       (5) Potential applications of MInPSOCPICs and heterogeneous 
     integrated photonic integrated circuits to support 
     international allies and partners of the United States.
       (6) Costs associated with the development and use of 
     MInPSOCPICs and heterogeneous integrated photonic integrated 
     circuits, including--
       (A) costs for further research and development unilaterally 
     and in conjunction with international allies and partners; 
     and
       (B) identification of the resources needed to procure or 
     develop technologies based on MInPSOCPICs and heterogenous 
     integrated photonic integrated circuits.
       (7) Any policies, resource constraints, or technical 
     challenges that limit the ability of each Secretary of a 
     military department to develop and use MInPSOCPICs and 
     heterogeneously integrated photonic integrated circuits in 
     its supply chains, including an assessment of the cost 
     related to the procurement of MInPSOCPICs at scale or for 
     specialized applications.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the findings of the Secretary with respect to the Study 
     conducted under subsection (a).
       (d) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (e) Definitions.--In this section:
       (1) The term ``heterogeneous photonic integrated circuit'' 
     means a photonic integrated circuit fabricated using and 
     composed more than one base element and not including 
     silicon.
       (2) The term ``Monolithic Integrated Photonic Indium 
     Phosphide System on Chip Photonic Integrated Circuit'' means 
     a photonic integrated circuit fabricated using and composed 
     of the base elements indium and phosphide with diverse 
     functions on such circuit monolithically integrated to 
     include a laser, a modulator, detector, and optical 
     waveguides.
       (3) The term ``photonic integrated circuit'' means an 
     integrated circuit fabricated from a compound semiconductor 
     and containing photonic elements that perform analog or 
     digital functions with photons.
                                 ______
                                 
  SA 456. Mr. PADILLA (for himself and Mr. Cornyn) 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 F of title V, insert the following:

     SEC. 565. PILOT PROGRAM FOR ROUTINE MENTAL HEALTH CHECK-UPS 
                   IN SCHOOLS OPERATED BY THE DEPARTMENT OF 
                   DEFENSE EDUCATION ACTIVITY.

       (a) In General.--Beginning not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall establish and implement a pilot program to 
     provide routine metal health check-ups for students in 
     covered DODEA schools.
       (b) Program Activities.--Under the pilot program 
     established under subsection (a), the Secretary shall--
       (1) subject to subsection (d), ensure that students at 
     covered DODEA schools receive routine mental health check-
     ups, conducted by military medical treatment facility 
     behavioral health providers assigned to such schools, and 
     which may include the use of mental health screening tools, 
     such as the Patient Health Questionnaire-2 or the Patient 
     Health Questionnaire-9;
       (2) ensure that such mental health check-ups--
       (A) consist of biannual or semesterly mental and behavioral 
     health screenings for disorders common in children aged 3 to 
     17, including--
       (i) an initial virtual screening test for all students; and
       (ii) a follow-up screening carried out by a school 
     psychologist or school nurse for students with specific needs 
     identified through the initial screening; and
       (B) include questions about a student's mood, emotional 
     state, habits, and behaviors to help diagnose conditions such 
     as--
       (i) depression;
       (ii) suicidal ideation;
       (iii) anxiety;
       (iv) attention-deficit/hyperactivity disorder (ADHD);
       (v) eating disorders;
       (vi) substance abuse; and
       (vii) dual diagnosis conditions;
       (3) train licensed mental and behavioral health 
     professionals to conduct mental health check-ups, including 
     training in--
       (A) recognizing the signs and symptoms of mental illnesses; 
     and
       (B) safely de-escalating crises involving individuals with 
     a mental illness;
       (4) establish a streamlined diagnosis-to-treatment process, 
     including a comprehensive process through which a student 
     with needs identified through a mental health check-up--
       (A) may be referred to a certified community behavioral 
     health clinic in the community in which the school is 
     located; and
       (B) may receive additional care or treatment through 
     comprehensive school-based services;
       (5) mobilize school nurses and counselors to facilitate 
     screening in collaboration with administrators and teachers;
       (6) conduct awareness-building educational efforts in 
     conjunction with the screening process; and
       (7) make resources available to the communities surrounding 
     schools for individuals with a mental illness through a 
     coordinated referral process with local community-based 
     health clinics and school-based mental health clinics if such 
     school-based mental health clinics are available and have the 
     capacity and expertise to handle complex mental health 
     situations.
       (c) Selection of Schools.--
       (1) Initial selection.--For the one-year period beginning 
     on the date on which the pilot program established under 
     subsection (a) commences, the Secretary shall select 10 
     covered DODEA schools at which to carry out the pilot 
     program.
       (2) Subsequent years.--For the one-year period beginning 
     after the end of the one-year period described in paragraph 
     (1), and each one-year period thereafter until the 
     termination of the pilot program under subsection (h), the 
     Secretary shall select an additional 10 covered DODEA schools 
     at which to carry out the pilot program relative to the 
     number of schools at which the pilot program is carried out 
     in the preceding one-year period.
       (3) Selection of schools overseas.--In selecting covered 
     DODEA schools under paragraph (1) or (2) for any one-year 
     period, the Secretary shall select not fewer than 2 such 
     schools located outside the United States.
       (d) Referral Process Requirements.--
       (1) Agreements with behavioral health clinics.--For 
     purposes of the comprehensive referral process described in 
     subsection (b)(4), the Secretary of Defense shall seek to 
     enter into memoranda of understanding or other agreements 
     with federally funded community behavioral health clinics in 
     communities in which covered DODEA schools are located 
     pursuant to which a school may refer students to such a 
     clinic and make appointments for students at the clinic. The 
     requirement to establish such a referral process may not be 
     satisfied solely by providing a list of nearby community 
     behavioral health clinics to parents of students at covered 
     DODEA schools.
       (2) Exception.--In a case in which the Secretary of Defense 
     is unable to meet the requirements of paragraph (1) because 
     there is no federally funded community behavioral health 
     clinic in a community in which a covered DODEA school is 
     located, the Secretary of Defense shall develop and make 
     available a comprehensive guide to the mental health 
     resources that are available to students and parents in that 
     community.
       (e) Student Privacy Protections.--In carrying out the pilot 
     program established under subsection (a), the Secretary shall 
     ensure that a parent or guardian of a student at a covered 
     DODEA school--

[[Page S2618]]

       (1) is provided with--
       (A) notice that a student may receive a mental health 
     check-up under the pilot program; and
       (B) an opportunity to opt the student out of any such 
     mental health check-up before it is administered; and
       (2) gives informed consent before--
       (A) the referral of a student to a community-based health 
     clinic as described in subsection (b)(4)(A); or
       (B) the disclosure of any information concerning such 
     student to such a clinic.
       (f) Evaluations.--Not later than 180 days after commencing 
     the pilot program under subsection (a), and not less 
     frequently than every 180 days thereafter, the Secretary of 
     Defense shall conduct an evaluation of the pilot program, 
     which shall include evaluation of--
       (1) processes under the pilot program; and
       (2) student outcomes under the pilot program.
       (g) Report.--Not later than one year before the pilot 
     program terminates under subsection (h), the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     progress of the pilot program. The report shall include--
       (1) the results of the evaluations conducted under 
     subsection (f);
       (2) an assessment of whether the pilot program should be 
     continued;
       (3) a strategy for expanding the pilot program to all DODEA 
     schools; and
       (4) such other information as the Secretary determines 
     appropriate.
       (h) Termination.--The pilot program established under 
     subsection (a) shall terminate on the date that is 4 years 
     after the commencement of the pilot program.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act such sums as may be 
     necessary for fiscal years 2024 through 2029.
       (j) Definitions.--In this section:
       (1) Certified community behavioral health clinic.--The term 
     ``certified community behavioral health clinic'' means a 
     certified community behavioral health clinic as such term is 
     used in section 223 of the Protecting Access to Medicare Act 
     of 2014 (42 U.S.C. 1396a note).
       (2) Covered dodea school.--The term ``covered DODEA 
     school'' means an elementary school or secondary school--
       (A) operated by the Department of Defense Education 
     Activity within or outside the United States; and
       (B) that the Secretary determines has adequate mental 
     health infrastructure in place to provide mental health 
     check-ups under the pilot program established under 
     subsection (a).
       (3) Elementary school; secondary school.--The terms 
     ``elementary school'' and ``secondary school'' have the 
     meanings given those terms in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (4) Military medical treatment facility.--The term 
     ``military medical treatment facility'' means a facility 
     described in subsection (b), (c), or (d) of section 1073d of 
     title 10, United States Code.
                                 ______
                                 
  SA 457. Mr. PADILLA (for himself, Mr. Boozman, and Mrs. Feinstein) 
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__. REVISION OF REQUIREMENT FOR TRANSFER OF CERTAIN 
                   AIRCRAFT TO STATE OF CALIFORNIA FOR WILDFIRE 
                   SUPPRESSION PURPOSES.

       (a) Transfer of Excess Coast Guard Hc-130h Aircraft.--
       (1) Transfer to state of california.--The Secretary of 
     Homeland Security shall transfer to the State of California 
     without reimbursement--
       (A) all right, title, and interest of the United States in 
     and to the seven HC-130H aircraft specified in paragraph (2); 
     and
       (B) initial spares (calculated based on shelf stock support 
     for seven HC-130H aircraft each flying 400 hours each year) 
     and necessary ground support equipment for such aircraft.
       (2) Aircraft specified.--The aircraft specified in this 
     paragraph are the HC-130H Coast Guard aircraft with serial 
     numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721.
       (3) Timing; aircraft modifications.--The transfers under 
     paragraph (1)--
       (A) shall be made as soon as practicable after the date of 
     the enactment of this Act; and
       (B) may be carried out without further modifications to the 
     aircraft by the United States.
       (b) Conditions of Transfer.--Aircraft transferred to the 
     State of California under subsection (a)(1)--
       (1) may be used only for wildfire suppression purposes;
       (2) may not be flown outside of, or otherwise removed from, 
     the United States unless dispatched by the National 
     Interagency Fire Center in support of an international 
     agreement to assist in wildfire suppression efforts or for 
     other disaster-related response purposes approved by the 
     Governor of California in writing in advance; and
       (3) may only be disposed of by the State of California 
     pursuant to the statutes and regulations governing disposal 
     of aircraft provided to the State of California through the 
     Federal Excess Personal Property Program.
       (c) Transfer of Residual Kits and Parts Held by Air 
     Force.--The Secretary of the Air Force may transfer to the 
     State of California, without reimbursement, any residual kits 
     and parts held by the Secretary of the Air Force that were 
     procured in anticipation of the transfer to the Secretary of 
     the Air Force of the aircraft specified in subsection (a)(2).
       (d) Repeal of Prior Provisions of Law Relating to 
     Transfer.--The following provisions of law are repealed:
       (1) Subsections (a), (c), (d), and (f) of section 1098 of 
     the National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 881), as amended by section 
     1083 of the John S. McCain National Defense Authorization Act 
     for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1989).
       (2) Section 1083 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232; 
     132 Stat. 1989).
                                 ______
                                 
  SA 458. Mr. CORNYN (for himself, Mr. Peters, Mr. Young, and 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. ___. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT 
                   GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE 
                   VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED 
                   STATES ENTITIES.

       (a) In General.--During the period beginning on the date 
     that is 30 days after the date of the enactment of this 
     section, amounts provided as project grants under subchapter 
     I of chapter 471 of title 49, United States Code, may not be 
     used to enter into a contract described in subsection (b) 
     with any entity on the list required by subsection (c).
       (b) Contract Described.--A contract described in this 
     subsection is a contract or other agreement for the 
     procurement of infrastructure or equipment for a passenger 
     boarding bridge at an airport.
       (c) List Required.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, and thereafter as required by 
     paragraph (2), the United States Trade Representative, the 
     Attorney General, and the Administrator of the Federal 
     Aviation Administration shall make available to the 
     Administrator of the Federal Aviation Administration a 
     publicly-available a list of entities manufacturing airport 
     passenger boarding infrastructure or equipment that--
       (A) are owned, directed by, or subsidized in whole, or in 
     part by the People's Republic of China;
       (B) have been determined by a Federal court to have 
     misappropriated intellectual property or trade secrets from 
     an entity organized under the laws of the United States or 
     any jurisdiction within the United States;
       (C) own or control, are owned or controlled by, are under 
     common ownership or control with, or are successors to, an 
     entity described in subparagraph (A);
       (D) own or control, are under common ownership or control 
     with, or are successors to, an entity described in 
     subparagraph (A); or
       (E) have entered into an agreement with or accepted funding 
     from, whether in the form of minority investment interest or 
     debt, have entered into a partnership with, or have entered 
     into another contractual or other written arrangement with, 
     an entity described in subparagraph (A).
       (2) Updates to list.--The United States Trade 
     Representative shall update the list required by paragraph 
     (1), based on information provided by the Attorney General 
     and the Administrator of the Federal Aviation 
     Administration--
       (A) not less frequently than every 90 days during the 180-
     day period following the initial publication of the list 
     under paragraph (1); and
       (B) not less frequently than annually thereafter.
       (d) Definitions.--In this section, the definitions in 
     section 47102 of title 49, United States Code, shall apply.
                                 ______
                                 
  SA 459. 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:


[[Page S2619]]


  

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

     SEC. 1240A. PROHIBITION ON LONG-TERM SECURITY GUARANTEES FOR 
                   UKRAINE.

       (a) In General.--The President or any other executive 
     branch official may not sign any agreement, communique, or 
     other document with the official signature of the United 
     States that provides long-term security guarantees for 
     Ukraine.
       (b) Long-term Security Guarantee Defined.--In this section, 
     the term ``long-term security guarantee'' includes, but is 
     not limited to, a commitment by the United States to provide 
     Ukraine with--
       (1) security assistance;
       (2) reconstruction assistance;
       (3) multi-year memoranda of understanding;
       (4) training programs; or
       (5) joint military exercises.
                                 ______
                                 
  SA 460. 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 part III of subtitle B of title XXVIII, add 
     the following:

     SEC. 2853. REVISION OF UNIFIED FACILITIES CRITERIA ON USE OF 
                   LIFE SAFETY ACCESSIBILITY HARDWARE FOR COVERED 
                   DOORS IN HOUSING OF DEPARTMENT OF DEFENSE.

       (a) In General.--The Secretary of Defense shall amend the 
     Unified Facilities Criteria and Department of Defense 
     Building Code (UFC 1-200-01) to update applicable 
     specifications, guidance, and technical documentation 
     relating to the construction, renovation, replacement, or 
     other retrofit of a covered door to ensure that life safety 
     accessibility hardware is used for such construction, 
     renovation, replacement, or other retrofit.
       (b) Definitions.--In this section:
       (1) Covered door.--The term ``covered door'' means a door 
     to--
       (A) a sensitive compartmented information facility, 
     including a sensitive compartmented information facility in 
     which information designated as sensitive compartmented 
     information is stored and processed; or
       (B) any other room or facility in which information 
     designated as sensitive compartmented information--
       (i) is used, handled, discussed, or processed; or
       (ii) is stored in approved security containers.
       (2) Life safety accessibility hardware.--The term ``life 
     safety accessibility hardware'' means a secure locking device 
     that require less than five pounds of force to open.
                                 ______
                                 
  SA 461. Mr. DAINES 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 VIII, add the following:

     SEC. 866. BRIEFING ON THE REDESIGNATION OF NATIONAL SERIAL 
                   NUMBER (NSN) PARTS AS PROPRIETARY.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall provide a briefing 
     to the congressional defense committees identifying which 
     National Serial Number (NSN) parts in the Defense Logistics 
     Agency system have had their designation changed to 
     proprietary over the previous 5 years, including a 
     description of which parts were, or continue to be, produced 
     by small businesses before the proprietary designation was 
     applied, and the justification for the changes in 
     designation.
                                 ______
                                 
  SA 462. Mr. MARSHALL 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. SENSE OF CONGRESS REGARDING REMOVAL OF PRIESTS FROM 
                   WALTER REED MEDICAL HOSPITAL.

       It is the sense of Congress that--
       (1) the provision of pastoral care by priests and religious 
     leaders is vital for the spiritual and emotional well-being 
     of members of the Armed Forces and their families;
       (2) medical facilities of the Department of Defense, 
     including Walter Reed Medical Hospital, play a critical role 
     in providing health care services to the military community;
       (3) recent reports prior to the date of the enactment of 
     this Act indicate that priests providing pastoral care at 
     Walter Reed Medical Hospital were unexpectedly removed, 
     disrupting the availability of spiritual support for patients 
     and their families;
       (4) the sudden removal of priests from Walter Reed Medical 
     Hospital raises concerns about the effect on the religious 
     and spiritual needs of patients during their healing process;
       (5) priests offer invaluable guidance, comfort, and solace, 
     and their presence is essential for individuals facing 
     physical and emotional challenges; and
       (6) the Secretary of Defense should investigate the 
     circumstances surrounding the removal of priests from Walter 
     Reed Medical Hospital and take appropriate measures to ensure 
     that patients have access to pastoral care services without 
     interruption.
                                 ______
                                 
  SA 463. 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 end of subtitle F of title X, add the following:

     SEC. 1063. REPORT ON FORMER INDIAN BOARDING SCHOOLS OR 
                   INSTITUTIONS UNDER THE JURISDICTION OR CONTROL 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report 
     that provides--
       (1) an accounting of all schools or institutions described 
     in subsection (b) that--
       (A) were located on land that was under the jurisdiction or 
     control of the Department of Defense at the time of the 
     operation of the school or institution; or
       (B) are located on land that is under the jurisdiction or 
     control of the Department as of the date of the enactment of 
     this Act; and
       (2) a description of the role of the Department of Defense 
     in hosting and administering schools or institutions 
     described in subsection (b) and the actions taken by the 
     Department in connection with those schools or institutions, 
     including--
       (A) complete accountings, engagements, and actions;
       (B) the identification of marked and unmarked burial 
     grounds; and
       (C) the repatriation of remains of Native students who died 
     while attending a school or institution described in 
     subsection (b); and
       (3) the findings and recommendations of the Secretary with 
     respect to the matters addressed under paragraphs (1) and 
     (2).
       (b) Schools or Institutions Described.--The schools or 
     institutions described in this subsection are schools or 
     institutions that housed or administered Federal programs to 
     assimilate American Indian, Alaska Native, or Native Hawaiian 
     children that--
       (1) provided on-site housing or overnight lodging;
       (2) were described in records as providing formal academic 
     or vocational training and instruction;
       (3) were described in records as receiving Federal 
     Government funds or other support; and
       (4) were operational during or before 1969.
       (c) Consultation and Engagement.--In carrying out this 
     section, the Secretary of Defense shall consult with Indian 
     Tribes and engage with Native Hawaiian organizations.
       (d) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     brief the appropriate committees of Congress on the report 
     required under subsection (a)
       (e) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) The Committee on Armed Services and the Committee on 
     Indian Affairs of the Senate; and
       (2) The Committee on Armed Services and the Subcommittee on 
     Indian and Insular Affairs of the Committee on Natural 
     Resources of the House of Representatives.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to affect any authority or obligation of the 
     Department of Defense to conduct additional investigations or 
     provide additional information and records as part of any 
     future Federally-funded inquiry into the schools or 
     institutions described in section (b).
                                 ______
                                 
  SA 464. Mr. GRAHAM 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 V, add the following:

[[Page S2620]]

  


     SEC. 526. PROHIBITION ON USE OF FUNDS FOR CLOSURE OF UNITS OF 
                   THE ARMY SENIOR RESERVE OFFICERS' TRAINING 
                   CORPS.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for fiscal year 2024 for the 
     Department of the Defense may be obligated or expended to 
     close or disestablish any unit of the Army Senior Reserve 
     Officers' Training Corps at any educational institution.
                                 ______
                                 
  SA 465. Mr. GRAHAM (for himself and Mr. Blumenthal) 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 B of title XV, insert 
     the following:

     SEC. ___. MONITORING IRANIAN ENRICHMENT.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, the 
     Committee on Appropriations, and the Committee on Energy and 
     Natural Resources of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Congressional leadership.--The term ``congressional 
     leadership'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (3) Significant enrichment activity.--The term 
     ``significant enrichment activity'' means--
       (A) any enrichment of any amount of uranium-235 to a purity 
     percentage that is 5 percent higher than the purity 
     percentage indicated in the prior notification to Congress 
     under subsection (b)(1); or
       (B) any enrichment of uranium-235 in a quantity exceeding 
     10 kilograms.
       (b) Notification to Congress.--
       (1) In general.--Not later than 48 hours after the Director 
     of National Intelligence determines that the Islamic Republic 
     of Iran has produced or possesses any amount of uranium-235 
     enriched to greater than 60 percent purity, the Director of 
     National Intelligence shall submit to the appropriate 
     congressional committees and congressional leadership a 
     notification of such determination.
       (2) Classified notice to members of congress.--Not later 
     than 24 hours after the submission of the notification under 
     paragraph (1), the Director of National Intelligence shall 
     submit to Congress a 1-page document with respect to the 
     determination, which shall be made available to any member of 
     the Senate or the House of Representatives, aligned with the 
     proper classification authorizations.
       (3) Subsequent notifications.--If the Director of National 
     Intelligence determines that the Islamic Republic of Iran has 
     engaged in significant enrichment activity subsequent to the 
     submission of a notification under paragraph (1), the 
     Director of National Intelligence shall submit to the 
     appropriate congressional committees and congressional 
     leadership--
       (A) not later than 48 hours after making a determination 
     that such significant enrichment activity has occurred, a 
     notification of the determination; and
       (B) not later than 24 hours after the submission of the 
     notification under subparagraph (A), a 1-page document with 
     respect to the determination.
                                 ______
                                 
  SA 466. Mr. GRAHAM 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 H of title V, add the following:

     SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO 
                   JAMES ``JIM'' CAPERS, JR. FOR ACTS OF VALOR 
                   DURING THE PERIOD OF MARCH 31 THROUGH APRIL 3, 
                   1967.

       (a) Authorization.--Notwithstanding the time limitations 
     specified in sections 8298 (a) and 8300 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the President may award the Medal of Honor under 
     section 8291 of such title to James Capers, Jr. for the acts 
     of valor described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor described 
     in this subsection are the actions of James Capers, Jr. as a 
     Second Lieutenant of the United States Marine Corps during 
     the period of March 31 through April 3, 1967, during the 
     Vietnam War, for which he was previously awarded the Silver 
     Star.
                                 ______
                                 
  SA 467. Mr. GRAHAM 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 V, add the following:

     SEC. __. REPORT ON FEASIBILITY OF ESTABLISHING A TROOPS-TO-
                   SCHOOL RESOURCE OFFICERS PILOT PROGRAM.

       (a) In General.--
       (1) Submission of report.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     on the feasibility of establishing a Troops-to-School 
     Resource Officers pilot program that is modeled on the 
     Troops-to-Teachers Program authorized under section 1154 of 
     title 10, United States Code.
       (2) Consultation.--The Secretary of Defense may consult 
     with key officials from the Department of Justice and the 
     Department of Education in completing the report described in 
     paragraph (1).
       (b) Content of Report.--The report required under 
     subsection (a) shall include--
       (1) the feasibility of establishing a 5-year Troops-to-
     School Resource Officers pilot program;
       (2) an outline of the resource requirements to execute the 
     pilot program; and
       (3) an identification of possible authorities, if any, that 
     would be needed to establish the pilot program.
       (c) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 468. Mr. GRAHAM (for himself and Mr. Blumenthal) 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 X, add the following:

     SEC. 1025. SENSE OF CONGRESS REGARDING THE NAMING OF THE NEXT 
                   AVAILABLE NAVAL VESSEL AFTER MAJOR JAMES 
                   ``JIM'' CAPERS, JR.

       (a) Findings.--Congress makes the following findings:
       (1) James ``Jim'' Capers, Jr. served with great heroism and 
     devotion as a member of the United States Marine Corps.
       (2) James Capers, Jr. was the first African American to 
     receive a battlefield commission and to command a Marine 
     Corps Force Reconnaissance company.
       (3) During his service to the United States in Vietnam, 
     James Capers, Jr. was awarded the United States' third-
     highest military combat decoration for his actions in the 
     vicinity of Phu Loc, Republic of Vietnam, from March 31 to 
     April 3, 1967.
       (4) In addition to being awarded the Silver Star, James 
     Capers, Jr. is the recipient of two Bronze Stars with ``V'' 
     for valor, three Purple Hearts, and numerous other 
     decorations, making him one of the most decorated Marines in 
     Force Reconnaissance history.
       (5) During the 1970s, James Capers, Jr. became a national 
     figure as the face of the Marine Corps in a national 
     recruitment campaign.
       (6) James Capers, Jr. retired in 1978, with the rank of 
     major, having participated in more than 50 classified 
     missions during his time in service.
       (7) Retired Major James Capers, Jr. personifies the core 
     values of honor, courage, and commitment and should be 
     honored in a manner fitting to his service and devotion to 
     the United States.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Secretary of the Navy should name the next available 
     naval vessel after retired United States Marine Corps Major 
     James ``Jim'' Capers, Jr. for his service and devotion to the 
     United States.
                                 ______
                                 
  SA 469. 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

[[Page S2621]]

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

       At the appropriate place in subtitle D of title XII, insert 
     the following:

     SEC. ___. CERTIFICATION OF THE ESTABLISHMENT OF THE NUCLEAR 
                   CONSULTATIVE GROUP.

       (a) Findings.--Congress finds the following:
       (1) The United States extended deterrence commitment to the 
     Republic of Korea is ironclad and enduring.
       (2) Such extended deterrence relies on the full range of 
     defense capabilities, including conventional and nuclear 
     forces of the United States.
       (3) The establishment of the Nuclear Consultative Group 
     (referred to in this section as the ``Group'') between the 
     United States and the Republic of Korea during President Yoon 
     Suk Yeol's visit to the United States on April 26, 2023, 
     reflected a recognition of the accelerating threat posed by 
     the nuclear weapons and missile program of the Democratic 
     People's Republic of Korea and a requirement to adjust the 
     alliances approach to deterring the Democratic People's 
     Republic of Korea.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Group will strengthen the alliance between the 
     governments of the United States and the Republic of Korea by 
     deepening the ability of such governments to plan, consult, 
     and conduct exercises on issues related to nuclear 
     deterrence;
       (2) integrated deterrence requires a whole-of-government 
     approach to deter adversaries and assure United States 
     allies; and
       (3) the Group should be executed as a 2+2 construct with 
     the Secretary of Defense and the Secretary of State serving 
     as co-leads.
       (c)  Report on the Implementation of the Nuclear 
     Consultative Group.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     congressional defense committees, the Committee on Foreign 
     Relations of the Senate, and the Committee on Foreign Affairs 
     of the House of Representatives a report that includes a 
     description of each of the following:
       (A) The organization of the Group, including co-chairs and 
     interagency participants of the Group who are representatives 
     of the United States.
       (B) The scope of the activities of the Group and how such 
     activities connect to the Security Consultative Mechanism and 
     the Military Consultative Mechanism between the Republic of 
     Korea and the United States.
       (C) The relationship of the Group to existing extended 
     deterrence mechanisms of the Republic of Korea and the United 
     States, including the Korean Integrated Defense Dialogue, the 
     Deterrence Strategy Committee, and the Extended Deterrence 
     Consultative Group.
       (D) The frequency and circumstances under which the Group 
     convenes.
       (E) The scope of activities the Group addresses, including 
     strategic planning, crisis consultation, and exercises.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex
       (d) Certification.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a certification that--
       (A) the United States policy of extended deterrence of the 
     Democratic People's Republic of Korea--
       (i) has the necessary posture and capabilities to deter 
     conventional and nuclear threats of the Democratic People's 
     Republic of Korea;
       (ii) has the necessary posture and capabilities to assure 
     the Government of the Republic of Korea and its people of the 
     effectiveness of extended deterrence; and
       (B) that the Federal Government plans fully integrate 
     conventional and nuclear capabilities for the deterrence, and 
     if necessary, the defeat, of aggression by the Democratic 
     People's Republic of Korea.
       (2) Form.--The certification required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 470. Mr. RISCH (for himself, Mr. Hagerty, Mr. Tillis, Mr. Scott of 
Florida, Mr. Moran, Mr. Cornyn, Mr. Daines, Mr. Sullivan, Ms. Collins, 
Ms. Ernst, and Mrs. Blackburn) 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 XII, add the following:

              Subtitle H--Bolstering the AUKUS Partnership

     SEC. 1299L. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     House of Representatives.
       (2) AUKUS; aukus partnership.--The terms ``AUKUS'' and 
     ``AUKUS partnership'' means the trilateral security 
     partnership between the United States, the United Kingdom, 
     and Australia, which includes the following two pillars:
       (A) Pillar One of AUKUS is focused on developing a pathway 
     for Australia to acquire conventionally armed, nuclear 
     powered submarines.
       (B) Pillar Two of AUKUS is focused on enhancing trilateral 
     collaboration on advanced defense capabilities to include 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (3) AUKUS partner.--The term ``AUKUS partner'' refers to a 
     member of AUKUS.
       (4) Defense article; defense service.--The terms ``defense 
     article'' and ``defense service'' have the meanings given 
     those terms in section 47 of the Arms Export Control Act (22 
     U.S.C. 2794).

     SEC. 1299M. FINDINGS.

       Congress makes the following findings:
       (1) The United States has entered into a period of intense 
     strategic rivalry with China that includes military 
     competition on a scale unseen in generations.
       (2) The perpetuation of a military balance of power in the 
     Indo-Pacific favorable to the United States and its allies 
     and partners can no longer be assumed as China continues to 
     invest massive resources in its military.
       (3) China has undertaken a nuclear breakout, fields the 
     world's largest navy, and is fielding a fully modernized air 
     force.
       (4) North Korea remains an urgent and gathering threat as 
     it fields an increasingly diverse and advanced nuclear and 
     missile force backed by a massive conventional army.
       (5) Iran continues to pursue a nuclear weapons capability 
     while fomenting unrest in the Middle East and beyond.
       (6) While China remains the pacing threat for the United 
     States, Russia's unprovoked and brutal invasion of Ukraine 
     makes clear that multiple dissatisfied powers are coalescing 
     into an informal bloc designed to challenge the existing 
     United States-led global order.
       (7) United States efforts to help Ukraine defend itself 
     against Russian aggression and strengthen Taiwan's ability to 
     resist the coercion of the Chinese Communist Party have 
     exposed the production constraints inherent in the United 
     States defense industrial base.
       (8) The capacity limitations of the United States defense 
     industrial base require urgent remedy to include a renewed 
     examination of burden sharing roles with United States 
     allies.
       (9) To meet this comprehensive challenge to American 
     interests, we must act with urgency to expand the resilience 
     and capacity of our defense industrial base. United States 
     allies should be full partners in this effort and the AUKUS 
     partnership is a necessary first step to share the 
     responsibility of perpetuating the existing rules-based 
     order.
       (10) The security partnership between Australia, the United 
     Kingdom, and the United States (referred to as the ``AUKUS 
     partnership'') is meant to bolster capability of the United 
     States and allies in the Indo-Pacific and beyond through 
     technology sharing, cooperation, and defense exports.
       (11) The AUKUS partnership's focus on conventionally armed 
     nuclear-powered submarines and advanced capabilities, known 
     respectively as Pillars One and Two, rightly centers on 
     cooperation at the highest end of security and geostrategic 
     competition.
       (12) Pillar One, while bold, is complex, highly contingent 
     and unlikely to produce additive submarine capability in the 
     Indo-Pacific until the 2030s.
       (13) The Pillar One initiative will rely on the expertise 
     developed by the United States and United Kingdom in 
     operating their submarine fleets to bring an Australian 
     capability into service at the earliest achievable date.
       (14) Pillar Two proposes that AUKUS partners will also 
     deepen cooperation and integration on advanced defense 
     technologies to include hypersonic missiles, space 
     technology, artificial intelligence, quantum technologies and 
     additional undersea capabilities.
       (15) Pillar Two, if executed with the vision described by 
     the three allies in the AUKUS announcement of September 2021, 
     offers the potential to produce meaningful capability and 
     increase industrial capacity during the current decade.
       (16) Pillar Two can also expand and build resilience across 
     the supply chain of the AUKUS partners.
       (17) However, certain statutory components of the United 
     States export control and regulatory system are overly 
     cumbersome for industries in the United States, Australia, 
     and the United Kingdom.
       (18) Australia and the United Kingdom have legal, 
     regulatory, and technology control regimes that are 
     sufficiently comparable to those of the United States.
       (19) United States technology controls and export licensing 
     decisions must balance the relatively low risk of compromise 
     that exists across all three AUKUS partners regulatory 
     regimes against the requirements to respond

[[Page S2622]]

     at the speed of relevance to the rapid military advances made 
     by the Chinese People's Liberation Army.
       (20) In order to implement the AUKUS agreement and realize 
     the value of increased cooperation between the United States, 
     the United Kingdom, and Australia, the United States must 
     ensure cooperation is fostered, not inhibited, by the United 
     States regulatory system.
       (21) The United States export control system, encompassing 
     both the International Traffic and Arms Regulations and the 
     Export Administration Regulations, is largely based on a 
     bilateral government-to-government relationship rather than 
     being optimized for a trilateral or multilateral defense 
     technology partnership.
       (22) The Department of State, in concert with the 
     Department of Defense, the Department of Commerce, and other 
     relevant United States agencies, should clearly communicate 
     to our AUKUS partners any United States requirements to 
     address matters related to the technology security and export 
     control measures of Australia and the United Kingdom.
       (23) Further, the Department of State, in concert with the 
     Department of Defense, the Department of Commerce, and other 
     relevant United States agencies, should work to reduce 
     barriers to defense innovation, cooperation, trade, 
     sustainment, co-production, and co-development initiatives 
     with the governments and industry partners of the United 
     Kingdom and Australia.
       (24) These barriers include the overuse of ``no foreign 
     nationals'' (NOFORN) and Controlled Unclassified Information 
     (CUI) determinations that inhibit collaboration among AUKUS 
     partners in determining requirements, design, development, 
     acquisition, testing, operation, and sustainment of 
     capabilities designed to be interoperable.
       (25) The successful implementation of the AUKUS partnership 
     requires regulatory and licensing changes on the part of all 
     AUKUS partner countries and the continued enhancement of the 
     export control and technology security regimes of all three 
     nations.
       (26) If AUKUS realizes its potential, it will set a 
     precedent and incentivize similar agreements with other close 
     United States allies, which will be necessary if we are to 
     prevail in the long-term competition with China, Russia and 
     its partners.

     SEC. 1299N. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to support a transformation and expansion of our 
     already close cooperation on a range of defense and security 
     issues with the United Kingdom and Australia, including 
     enhancing cooperation in the development and fielding of 
     advanced commercial and defense capabilities and in pursuing 
     deeper integration of our defense industrial bases and 
     supporting supply chains;
       (2) to use AUKUS to enhance trilateral cooperation across 
     the submarine fleets of the partner countries and to support 
     Australian efforts to acquire nuclear-powered submarines for 
     the Royal Australian Navy;
       (3) to reassess, and as needed revise, existing regulatory 
     and legal regimes, to include licensing, technology release 
     and contracting procedures to meet the objectives outlined in 
     the September 15, 2021, announcement of the AUKUS 
     partnership;
       (4) to reinvigorate burden sharing with United States 
     allies as a key component of adopting a sustainable long-term 
     strategy to compete with China, Russia, and other revanchist 
     powers; and
       (5) to modernize the United States export control system to 
     reflect the new era of cooperation with partners and allies, 
     incorporating commercial and defense technology that 
     preserve, and enhance our way of life.

     SEC. 1299O. DEPARTMENT OF STATE PERSONNEL AND RESOURCES.

       (a) Senior Advisor at the State Department for AUKUS.--
       (1) Designation.--The Secretary of State shall appoint a 
     senior advisor at the Department of State to oversee and 
     coordinate the implementation of the AUKUS agreement by the 
     Department of State (referred to in this subtitle as the 
     ``Senior Advisor'').
       (2) Reporting.--The senior advisor shall report directly to 
     the Secretary of State.
       (3) Responsibilities.--It shall be the responsibility of 
     the senior advisor--
       (A) to coordinate AUKUS implementation between relevant 
     Department of State bureaus, directorates, and offices;
       (B) to represent the Department of State on matters 
     relating to AUKUS in the interagency process;
       (C) to engage with relevant government and industry 
     entities in the United Kingdom and Australia; and
       (D) to issue guidance, including promulgating regulations, 
     in order to reduce barriers to defense collaboration, 
     innovation, trade, and production with the Governments and 
     industry partners of the United States, United Kingdom, and 
     Australia.
       (4) Salary.--The annual salary of the senior advisor 
     described in this section shall not exceed salaries 
     authorized in the Office of Personnel Management's Executive 
     pay scale.
       (b) Directorate of Defense Trade Controls Staffing.--
     Section 45 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2717) is amended--
       (1) in the first sentence, by striking ``100 percent of the 
     registration fees collected by the Office of Defense Trade 
     Controls of the Department of State'' and inserting ``100 
     percent of the defense trade control registration fees 
     collected by the Department of State'';
       (2) in the second sentence, by inserting ``management, 
     licensing, compliance, and policy activities in the defense 
     trade controls function, including'' after ``incurred for'';
       (3) in paragraph (1), by striking ``contract personnel to 
     assist in'';
       (4) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (5) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (6) by adding at the end the following new paragraphs:
       ``(4) the facilitation of defense trade policy development, 
     implementation, and cooperation with a specific focus on 
     Canada, Australia, and the United Kingdom, review of 
     commodity jurisdiction determinations, outreach to United 
     States industry and foreign parties, and analysis of 
     scientific and technological developments as they relate to 
     the exercise of defense trade control authorities; and
       ``(5) contract personnel to assist in such activities.''.

     SEC. 1299P. REPORTING REQUIREMENTS.

       (a) Report on Department of State Implementation of 
     Partnership.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense and, as 
     appropriate, the Secretary of Commerce and the Secretary of 
     Energy, shall submit to the appropriate congressional 
     committees a report on efforts of the Department of State to 
     implement the AUKUS partnership.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) Regarding the achievement of Phase One goals for of the 
     Optimal Pathway for AUKUS Pillar One for each of calendar 
     years 2023, 2024, 2025, 2026, and 2027, the following:
       (i) A description of progress made by the AUKUS partners to 
     conclude an Article 14 Arrangement with the International 
     Atomic Energy Agency.
       (ii) A description of the status of AUKUS partner efforts 
     to build the supporting infrastructure to base conventionally 
     armed nuclear powered attack submarines.
       (iii) Updates on the efforts by the AUKUS partners to train 
     a workforce that can build, sustain, and operate 
     conventionally armed nuclear powered attack submarines.
       (iv) A description of progress in the construction of a new 
     submarine facility to support the basing and disposition of 
     nuclear attack submarines on the east coast of Australia.
       (v) The number of Australian and United Kingdom personnel 
     embedded on United States Navy ships during Phase One of the 
     Optimal Pathway.
       (vi) A description of progress in establishing submarine 
     support facilities capable of hosting rotational forces in 
     western Australia by 2027.
       (vii) A description of how the United States plans to 
     provide up to five Virginia Class submarines to Australia by 
     the early to mid-2030's.
       (viii) A description of how the sale of United States 
     Virginia Class submarines and newly built SSN-AUKUS 
     submarines will be combined into a cohesive and sovereign 
     Royal Australian Navy submarine fleet.
       (ix) A detailed assessment of how Australia's sovereign 
     conventionally armed nuclear attack submarines contribute to 
     United States defense and deterrence objectives in the Indo-
     Pacific region.
       (B) For each of the calendar years 2021 and 2022--
       (i) the average and median times for the United States 
     Government to review applications for licenses, disaggregated 
     by company size and license type and other agreements, to 
     export defense articles or defense services to persons, 
     corporations, and the governments (including agencies and 
     subdivisions of such governments, including official missions 
     of such governments) of Australia and the United Kingdom;
       (ii) the number of applications from Australia and the 
     United Kingdom for licenses to export defense articles and 
     defense services that were denied, returned without action, 
     or approved with provisos, listed by year;
       (iii) the number of requests made by licensees or exporters 
     for proviso reconsideration, listed by year;
       (iv) the average and median times for the United States 
     Government to review applications from Australia and the 
     United Kingdom for foreign military sales beginning from the 
     date Australia or the United Kingdom submitted a letter of 
     request that resulted in a letter of acceptance; and
       (v) the number of requests from Australia and the United 
     Kingdom for foreign military sales that were denied.
       (C) A list of relevant United States laws, regulations, and 
     treaties and other international agreements to which the 
     United States is a party that govern authorizations to export 
     defense articles or defense services that are required to 
     implement the AUKUS partnership.
       (D) An assessment of key recommendations the United States 
     Government has provided to the Governments of Australia and 
     the United Kingdom to revise laws, regulations, and policies 
     of such countries that are required to implement the AUKUS 
     partnership, including a detailed description of discussions 
     regarding ``deemed exports''.
       (E) An assessment of recommended improvements to export 
     control laws and regulations of Australia, the United 
     Kingdom,

[[Page S2623]]

     and the United States that such countries should make to 
     implement the AUKUS partnership and to otherwise meet the 
     requirements of section 38(j)(2) of the Arms Export Control 
     Act ( 22 U.S.C. 2778(j)(2)).
       (b) Report on Interagency Actions.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, the Secretary of 
     Energy, and the Secretary of Commerce, shall submit to the 
     appropriate congressional committees a report on actions 
     taken at the interagency level to implement the advanced 
     capabilities pillar of the AUKUS agreement.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of changes to the International Traffic 
     in Regulations (ITAR) and the United States export control 
     regime that are necessary to implement the AUKUS agreement 
     and to permit AUKUS member states and Canada to exchange 
     defense items at classified and unclassified levels.
       (B) A plan for reducing barriers and implementing the 
     changes as described in ITAR (including decreasing 
     requirements for licenses within AUKUS and reducing timelines 
     for licensing decisions) and a description of any changes 
     that will require new authorities from Congress.
       (C) A description of the progress the Department of State, 
     the Department of Defense, the Department of Energy, and the 
     Department of Commerce have made in implementing any changes 
     as described in subparagraphs (A) and (B).
       (D) A list of actions the Departments have requested the 
     Governments of the United Kingdom and Australia to take in 
     order to amend their export control systems in a way that is 
     comparable to that of the United States.
       (E) A classified annex describing the content and timing of 
     consultations amongst AUKUS partners on Pillar One and for 
     the eight Lines of Effort in Pillar Two.
       (c) Briefing.--Not later than 90 days after the date of 
     enactment of this Act, and annually thereafter for 7 years, 
     the President shall provide a briefing to the appropriate 
     congressional committees that includes the following:
       (1) A description of the efforts of AUKUS partners to 
     enhance collaboration across the following eight trilateral 
     Lines of Effort:
       (A) Undersea capabilities.
       (B) Quantum technologies.
       (C) Artificial Intelligence and autonomy.
       (D) Advanced cyber capabilities.
       (E) Hypersonic and counter-hypersonic capabilities.
       (F) Electronic warfare.
       (G) Innovation.
       (H) Information sharing.
       (2) An assessment of the related capabilities necessary to 
     effectuate the eight trilateral Lines of Effort described in 
     paragraph (1).

     SEC. 1299Q. EXEMPTION FOR LICENSE REQUIREMENTS FOR EXPORT OF 
                   DEFENSE ITEMS TO THE UNITED KINGDOM AND 
                   AUSTRALIA.

       Section 38(j)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(j)(1)) is amended--
       (1) in subparagraph (B)--
       (A) in the subsection heading, by inserting ``, the United 
     Kingdom, and Australia'' after ``Canada''; and
       (B) by inserting ``, the United Kingdom, or Australia'' 
     after ``Canada''; and
       (2) in subparagraph (C)--
       (A) by striking ``treaties.--'' and all that follows 
     through ``(i) In general.--The requirement'' and inserting 
     ``treaties.--The requirement'';
       (B) by striking clause (ii); and
       (C) by redesignating subclauses (I) and (II) as clauses (i) 
     and (ii) and moving such clauses, as so redesignated, two ems 
     to the left.

     SEC. 1299R. UNITED STATES MUNITIONS LIST.

       (a) Exemption for the Governments of the United Kingdom and 
     Australia From Certification and Congressional Notification 
     Requirements Applicable to Certain Transfers.--Section 
     38(f)(3) of the Arms Export Control Act (22 U.S.C. 
     2778(f)(3)) is amended by inserting ``, the United Kingdom, 
     or Australia'' after ``Canada''.
       (b) United States Munitions List Periodic Reviews.--
       (1) In general.--The Secretary of State, acting through 
     authority delegated by the President to carry out period 
     reviews of items on the United States Munitions List under 
     subsection (f) of section 38 of the Arms Export Control Act 
     (22 U.S.C. 2778) and in coordination with the Secretary of 
     Defense, the Secretary of Energy, the Secretary of Commerce, 
     and the Director of the Office of Management and Budget, 
     shall carry out such reviews not less frequently than 
     annually in order to determine which capabilities may be 
     transitioned from the United States Munitions List to the 
     Commerce Control List.
       (2) Scope.--The periodic reviews described under paragraph 
     (1) shall focus on interagency resources to address current 
     threats faced by the United States, the evolving 
     technological and economic landscape, and the widespread 
     availability of certain technologies and items on the United 
     States Munitions List.
       (3) Consultation.--The periodic reviews described under 
     paragraph (1) shall be conducted in coordination with the 
     Defense Trade Advisory Group (DTAG), who shall provide--
       (A) relevant industry expertise selected from major defense 
     primes and nontraditional contractors; and
       (B) recommendations for improvements to facilitate 
     cooperation.

     SEC. 1299S. OPEN GENERAL LICENSE FOR THE EXPORT, REEXPORT, 
                   TRANSFER, AND RETRANSFER OF CERTAIN DEFENSE 
                   ARTICLES TO AUSTRALIA, CANADA, AND THE UNITED 
                   KINGDOM UNDER ITAR.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     publish in the Federal Register a notice of proposed 
     rulemaking relating to amending the International Traffic in 
     Arms Regulations (ITAR) to establish a Final Rule 
     establishing an Open General Export License for export, 
     reexport, transfer, and retransfer of certain defense 
     articles and services to or between the United States, 
     Australia, Canada, and the United Kingdom. The Open General 
     License shall be available for exports, reexports, transfers, 
     and retransfers of defense articles and services between or 
     among--
       (1) the Government of Australia;
       (2) the Government of Canada;
       (3) the Government of the United Kingdom;
       (4) members of the Australian Community as defined in part 
     126.16(d) of the ITAR, at all locations in Australia;
       (5) members of the United Kingdom Community as defined in 
     part 126.17(d) of the ITAR, at all locations in the United 
     Kingdom; and
       (6) Canadian-registered persons as defined in part 126.5(b) 
     of the ITAR.
       (b) Applicable Requirements and Limitations.--The export, 
     reexport, transfer, or retransfer of any unclassified defense 
     article pursuant to subsection (a) to any of the parties 
     listed in such subsection shall be subject to the following 
     requirements and limitations:
       (1) Compliance with the requirements of part 123.9(b) of 
     the ITAR.
       (2) The export, reexport, transfer, or retransfer must take 
     place wholly within or between the physical territory of 
     Australia, Canada, or the United Kingdom and the United 
     States except for--
       (A) the purposes of maintenance, repair, replacement, or 
     overhaul; or
       (B) transit and transshipment in which the exporter retains 
     effective custody over the export, reexport, transfer, or 
     retransfer.
       (3) Any export, reexport, transfer, or retransfer of a 
     defense article other than technical data (including 
     development, manufacturing, and production by industrial 
     partners) for end use by, or operation on behalf of, the 
     Government of Australia, the Government of Canada, the 
     Government of the United Kingdom, or the Government of the 
     United States.
       (4) An Open General License under subsection (a) may not be 
     utilized by persons to whom a presumption of denial is 
     applied by DDTC pursuant to parts 120.1(c) or 127.11(a) of 
     the ITAR, including, among other reasons, for past 
     convictions of certain United States criminal statutes or 
     because the persons are otherwise ineligible to contract with 
     or receive an export or import license from an agency of the 
     United States Government.
       (5) No exporter may use an Open General License under 
     subsection (a) to export, reexport, transfer, retransfer, or 
     otherwise provide defense articles, defense services, or 
     technical data to any foreign person subject to any United 
     States sanctions as administered by the Office of Foreign 
     Assets Control (OFAC), subject to any embargo maintained by 
     the United States, or otherwise ineligible to receive defense 
     articles, defense services, or technical data under ITAR 
     license or authorizations.
       (c) Congressional Notification.--The export, reexport, 
     transfer, or retransfer pursuant to subsection (a) of any 
     major defense equipment (as defined in part 120.37 of the 
     ITAR) valued (in terms of its original acquisition cost) at 
     $25,000,000 or more or any defense article or related 
     training or other defense service valued (in terms of its 
     original acquisition cost) at $100,000,000 or more shall be 
     notified to Congress for a 15 day formal review period as 
     outlined in the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.).

     SEC. 1299T. LICENSE EXCEPTION FOR EXPORT, REEXPORT, AND IN-
                   COUNTRY TRANSFER OF ITEMS ON COMMERCE CONTROL 
                   LIST TO OR BETWEEN AUSTRALIA, CANADA, AND THE 
                   UNITED KINGDOM UNDER EXPORT ADMINISTRATION 
                   REGULATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     publish in the Federal Register a notice of proposed 
     rulemaking relating to amending the Export Administration 
     Regulations to establish a license exception for the export, 
     reexport, and in-country transfer of items on the Commerce 
     Control List to or between covered persons in Australia, 
     Canada, and the United Kingdom.
       (b) Requirements.--A person that exports, reexports, or in-
     country transfers an item on the Commerce Control List under 
     the license exception established under subsection (a), and a 
     recipient of such an item, shall--
       (1) comply with all applicable requirements of the Export 
     Administration Regulations;
       (2) maintain, for each such export, reexport, or in-country 
     transfer, a record of--
       (A) the exporter;
       (B) a description of the item, including technology;
       (C) the name and address, and other available contact 
     information, of the recipient and the end-user of the item;

[[Page S2624]]

       (D) the name of the person responsible for the transaction;
       (E) the stated end use of the item;
       (F) the date of the transaction; and
       (G) the method of transfer; and
       (3) ensure that such records are made available, upon 
     request, to the Under Secretary of Commerce for Industry and 
     Security.
       (c) Limitations.--
       (1) Limitation on reexports through third countries.--The 
     export, reexport, or in-country transfer of an item under the 
     license exception established under subsection (a) is 
     required to take place wholly within or between the physical 
     territory of Australia, Canada, the United Kingdom, or the 
     United States, except for the export, reexport, or in-country 
     transfer of such an item for--
       (A) the purposes of maintenance, repair, replacement, or 
     overhaul; or
       (B) transit or transshipment in which the exporter retains 
     effective custody over the export, reexport, transfer, or 
     retransfer.
       (2) Prohibition on exports to restricted persons.--An item 
     may not be exported, reexported, or in-country transferred 
     under the license exception established under subsection (a) 
     to any foreign person--
       (A) with respect to which sanctions have been imposed by 
     the Office of Foreign Assets Control of the Department of the 
     Treasury;
       (B) on any restricted parties list;
       (C) subject to any embargo maintained by the United States; 
     or
       (D) that is otherwise ineligible to receive controlled 
     dual-use or commercial articles or technology on the Commerce 
     Control List.
       (d) Definitions.--In this section:
       (1) Commerce control list.--The term ``Commerce Control 
     List'' means the list maintained by the Bureau of Industry 
     and Security of the Department of Commerce and set forth in 
     Supplement No. 1 to part 774 of the Export Administration 
     Regulations.
       (2) Covered person.--
       (A) In general.--Except as provided by subparagraph (B), 
     the term ``covered person'' means--
       (i) the government of Australia, Canada, or the United 
     Kingdom;
       (ii) a citizen or national of Australia, Canada, or the 
     United Kingdom; or
       (iii) an entity organized under the laws of, or otherwise 
     subject to the jurisdiction of, Australia, Canada, or the 
     United Kingdom.
       (B) Exclusions.--The term ``covered person'' does not 
     include any person on any a restricted parties list.
       (3) Restricted parties list.--The term ``restricted parties 
     list'' means any of the following lists maintained by the 
     Bureau of Industry and Security:
       (A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       (B) The Military End-User List set forth in Supplement No. 
     7 to part 744 of the Export Administration Regulations.
       (C) The Denied Persons List maintained pursuant to section 
     764.3(a)(2) of the Export Administration Regulations.
       (D) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.
       (4) Other terms.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', 
     ``item'', and ``reexport'' have the meanings given those 
     terms in section 1742 of the Export Control Reform Act of 
     2018 (50 U.S.C. 4801).

     SEC. 1299U. TREATMENT OF AUSTRALIA AND THE UNITED KINGDOM AS 
                   DOMESTIC SOURCES UNDER DEFENSE PRODUCTION ACT 
                   OF 1950.

       Section 702(7)(A) of the Defense Production Act of 1950 ( 
     50 U.S.C. 4552(7)(A)) is amended by striking ``or Canada'' 
     and inserting ``, Canada, Australia, or the United Kingdom''.

     SEC. 1299V. EXPEDITED RELEASE OF ADVANCED TECHNOLOGIES TO 
                   AUSTRALIA, CANADA, AND THE UNITED KINGDOM.

       (a) Preclearance of Certain Military Sales Items.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, and in conjunction with coordinating entities such 
     as the National Disclosure Policy Committee, the Arms 
     Transfer and Technology Release Senior Steering Group, and 
     other appropriate entities, shall compile a list of available 
     and emerging military platforms, technologies, and equipment 
     that are pre-cleared and prioritized for sale and release to 
     Australia, Canada, and the United Kingdom through the Foreign 
     Military Sales program (including items controlled by the 
     International Traffic in Arms Regulations (ITAR) or the 
     Federal Acquisition Regulation (FAR) and items included in 
     programs of record and programs that are not programs of 
     record) that are pre-cleared and prioritized for sale and 
     release to Australia, Canada, and the United Kingdom through 
     the Foreign Military Sales and Direct Commercial Sales 
     programs.
       (2) Rules of construction regarding selection of items.--
       (A) No limitation on foreign military sales and direct 
     commercial sales program activities.--The list compiled 
     pursuant to paragraph (1) shall not be construed as limiting 
     the type, timing, or quantity of items that may be requested 
     by, or sold to, Australia, the United Kingdom, and Canada 
     under the Foreign Military Sales and Direct Commercial Sales 
     programs.
       (B) Congressional notification requirements.--Nothing in 
     this [subtitle/title] shall be construed to supersede 
     congressional notification requirements under the Arms Export 
     Control Act (22 U.S.C. 2751 et. seq.).
       (b) Expedited Processing of Foreign Military Sales and 
     Direct Commercial Sales Requests.--The Secretary of State and 
     the Secretary of Defense shall expedite the processing of 
     requests of Australia, the United Kingdom, and Canada under 
     the Foreign Military Sales and Direct Commercial Sales 
     programs.
       (c) Release Policy for Australia, Canada, and the United 
     Kingdom.--The Secretary of State, in consultation with the 
     Secretary of Defense, shall create an anticipatory release 
     policy for key Foreign Military Sales and Direct Commercial 
     Sales capabilities for Australia, the United Kingdom, and 
     Canada. Review of these capabilities for releasability shall 
     be subject to a ``fast track'' decision-making process with a 
     presumption of approval. The capabilities subject to this 
     policy should include--
       (1) Pillar One technologies associated with submarine and 
     associated combat systems; and
       (2) Pillar Two technologies, including but not limited to 
     hypersonic missiles, cyber capabilities, artificial 
     intelligence, quantum technologies, and undersea 
     capabilities, and other advanced technologies.
       (d) Interagency Policy.--The Secretary of State and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     Foreign Military Sales and Direct Commercial Sales requests, 
     including incorporating the anticipatory release provisions 
     of this section.

     SEC. 1299W. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS 
                   OF ADVANCED TECHNOLOGIES TO AUSTRALIA, THE 
                   UNITED KINGDOM, AND CANADA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, shall initiate a 
     rulemaking to establish a ``fast track'' decision-making 
     process for applications, classified or unclassified, to 
     export defense articles and defense services to Australia, 
     the United Kingdom, and Canada, with a presumption of 
     approval.
       (b) Eligibility.--To qualify for the ``fast track'' process 
     described in subsection (a), the application must be for an 
     export that will take place wholly within or between the 
     physical territory of Australia, Canada, or the United 
     Kingdom and the United States and with governments or 
     corporate entities from such countries.
       (c) Criteria.--Such ``fast-track'' process shall be 
     available for both classified and unclassified items, and the 
     process must satisfy the following criteria:
       (1) Any licensing application to export defense articles 
     and services that is related to a government-to-government 
     AUKUS agreement shall be exempted from staffing requirements 
     and must be approved, returned, or denied within 14 days of 
     submission.
       (2) For all other licensing requests, any review shall be 
     completed not later than 30 calendar days after the date of 
     application.
       (3) The Secretary of State shall issue a decision on the 
     case not later than five days after the such review period 
     has elapsed.

     SEC. 1299X. ANTICIPATORY DISCLOSURE POLICY FOR AUSTRALIA, 
                   CANADA, AND THE UNITED KINGDOM.

       The Secretary of Defense, in consultation with the 
     Secretary of State, shall direct the National Disclosure 
     Policy Committee (NDPC) to adopt a classification category 
     for the purposes of anticipatory disclosure policy to 
     facilitate information sharing on Pillar One, Pillar Two, and 
     other critical technologies for Australia, Canada, and the 
     United Kingdom.

     SEC. 1299Y. REPORT ON AUKUS STRATEGY.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees an AUKUS strategy identifying.
       (b) Elements.--The strategy required under subsection (a) 
     shall include the following elements:
       (1) An identification of the defensive military capability 
     gaps and capacity shortfalls that AUKUS seeks to offset.
       (2) An explanation of the total cost associated with Pillar 
     One of AUKUS and the operational rationale for Australia's 
     acquisition of nuclear submarines.
       (3) An assessment of possible opportunity costs for other 
     defense capabilities associated with investing in the SSN-
     AUKUS program.
       (4) A detailed explanation of how the Australian industrial 
     base will contribute to strengthening the United States 
     strategic position in Asia.
       (5) A detailed explanation of the military and strategic 
     benefit provided by the improved access provided by 
     Australian naval bases.
       (6) An assessment of how sovereign United Kingdom and 
     Australian submarines contribute to the achievement of United 
     States military objectives as defined in United States 
     strategy and planning documents.
       (7) A net assessment contrasting the investments the 
     Government of the People's Republic of China is making in its 
     submarine, hypersonic missile, and unmanned

[[Page S2625]]

     antisubmarine technologies relative to that of the AUKUS 
     partners.

     SEC. 1299Z. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or authorize 
     export of defense services to the Government of Australia 
     under the Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     that may also be directly exported to Australian private 
     sector personnel to support the development of the Australian 
     submarine industrial base necessary for submarine security 
     activities between Australia, the United Kingdom, and the 
     United States, including where such private-sector personnel 
     are not officers, employees, or agents of the Government of 
     Australia.
       (b) Application of Requirements for Further Transfer.--Any 
     transfer of defense services to the Government of Australia 
     pursuant to subsection (a) to persons other than those 
     directly provided such defense services pursuant to such 
     subsection shall only be made in accordance with the 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.).
                                 ______
                                 
  SA 471. Mr. LANKFORD 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. ___. PRODUCTION AND USE OF NATURAL GAS AT DEPARTMENT OF 
                   DEFENSE INSTALLATIONS.

       (a) Authority.--
       (1) In general.--Notwithstanding section 3 of the Mineral 
     Leasing Act for Acquired Lands (30 U.S.C. 352), the Secretary 
     of Defense may--
       (A) produce any natural gas located within land under the 
     geographic footprint of any installation of the Department of 
     Defense within the United States, including within any 
     territory of the United States; and
       (B) treat, manage, and use the natural gas produced 
     pursuant to subparagraph (A).
       (2) Contract authority.--To carry out any authority 
     described in paragraph (1), the Secretary of the Army may 
     enter into a contract with an entity determined appropriate 
     by the Secretary.
       (b) Royalties to States or Territories.--
       (1) Value of royalties.--Beginning after the date of the 
     enactment of this Act, as soon as practicable after the end 
     of each calendar year, the Secretary of the Interior shall 
     provide to the Secretary of Defense, for natural gas produced 
     at any installation of the Department pursuant to subsection 
     (a) during that calendar year, information on the amount of 
     royalty payments that the State or territory where each such 
     installation is location would have received under the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et 
     seq.) if the natural gas had been produced pursuant to a 
     lease issued under that Act.
       (2) Access to information.--On request of the Secretary of 
     the Interior, the Secretary of Defense shall promptly provide 
     all information, documents, and other materials the Secretary 
     of the Interior considers necessary to calculate the amount 
     of royalty payments under paragraph (1).
       (3) Payments; disbursements.--
       (A) Payments to treasury.--On receipt of the information 
     from the Secretary of the Interior under paragraph (1) each 
     calendar year, the Secretary of Defense shall, for each State 
     or territory, as applicable, deposit in the Treasury of the 
     United States an amount equal to the amount of the royalty 
     payments calculated under that paragraph.
       (B) Disbursements.--The Secretary of the Interior shall 
     disburse to each State or territory an amount equal to the 
     amount deposited in the Treasury of the United States by the 
     Secretary of Defense for such State or territory pursuant to 
     subparagraph (A) as though the amounts were being disbursed 
     to the State or territory under section 6 of the Mineral 
     Leasing Act for Acquired Lands (30 U.S.C. 355).
       (4) Waiver authority.--On receipt of written notice from 
     the governor of a State or territory consenting to the waiver 
     of any of the requirements of paragraph (1), the Secretary of 
     the Interior shall waive that requirement.
       (c) Ownership of Facilities.--
       (1) In general.--The Secretary of Defense may take 
     ownership of any gas production and treatment equipment and 
     facilities and associated infrastructure from an entity with 
     which the Secretary has entered into a contract under 
     subsection (a)(2) in accordance with the terms of such 
     contract.
       (2) Responsibility.--With respect to a natural gas well 
     installed on an installation of the Department and subject to 
     this Act, the Secretary of the Interior shall have no 
     responsibility for--
       (A) the plugging, abandonment, or reclamation of such well; 
     or
       (B) any environmental damage caused by or associated with 
     the production of such well.
       (d) Limitation on Uses.--Natural gas produced pursuant to 
     subsection (a) may be used only to support activities and 
     operations at the installation at which such gas was 
     produced.
       (e) Safety Standards for Gas Wells.--
       (1) In general.--A natural gas well installed on any 
     installation of the Department and subject to this Act shall 
     meet the same technical installation and operating standards 
     required for a natural gas well installed under a lease 
     issued pursuant to the Mineral Leasing Act for Acquired Lands 
     (30 U.S.C. 351 et seq.), including--
       (A) the gas measurement requirements under the Federal Oil 
     and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
     seq.); and
       (B) the operational standards required by the Bureau of 
     Land Management pursuant to part 3160 of title 43, Code of 
     Federal Regulations (or a successor regulation).
       (2) Compliance.--With respect to a natural gas well 
     installed on any installation of the Department and subject 
     to this Act--
       (A) the Bureau of Land Management shall--
       (i) ensure compliance by the Secretary of Defense with the 
     standards described in paragraph (1); and
       (ii) report any violations of the standards to the 
     Secretary of Defense; and
       (B) the Secretary of Defense shall take such actions as are 
     necessary to bring the well into compliance with such 
     standards.
                                 ______
                                 
  SA 472. Mr. LANKFORD 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. ___. PRODUCTION AND USE OF NATURAL GAS AT MCALESTER ARMY 
                   AMMUNITION PLANT.

       (a) Authority.--
       (1) In general.--Notwithstanding section 3 of the Mineral 
     Leasing Act for Acquired Lands (30 U.S.C. 352), the Secretary 
     of the Army may--
       (A) produce any natural gas located within land under the 
     geographic footprint of the McAlester Army Ammunition Plant 
     (referred to in this Act as ``MCAAP''); and
       (B) treat, manage, and use the natural gas produced 
     pursuant to subparagraph (A).
       (2) Contract authority.--To carry out any authority 
     described in paragraph (1), the Secretary of the Army may 
     enter into a contract with an entity determined appropriate 
     by the Secretary.
       (b) Royalties to the State of Oklahoma.--
       (1) Value of royalties.--Beginning after the date of 
     enactment of this Act, as soon as practicable after the end 
     of each calendar year, the Secretary of the Interior shall 
     provide to the Secretary of the Army, for natural gas 
     produced at MCAAP pursuant to subsection (a) during that 
     calendar year, information on the amount of royalty payments 
     that the State of Oklahoma would have received under the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et 
     seq.) if the natural gas had been produced pursuant to a 
     lease issued under that Act.
       (2) Access to information.--On request of the Secretary of 
     the Interior, the Secretary of the Army shall promptly 
     provide all information, documents, and other materials the 
     Secretary of the Interior considers necessary to calculate 
     the amount of royalty payments under paragraph (1).
       (3) Payments; disbursements.--
       (A) Payments to treasury.--On receipt of the information 
     from the Secretary of the Interior under paragraph (1) each 
     calendar year, the Secretary of the Army shall deposit in the 
     Treasury of the United States an amount equal to the amount 
     of the royalty payments calculated under that paragraph.
       (B) Disbursements to oklahoma.--The Secretary of the 
     Interior shall disburse to the State of Oklahoma an amount 
     equal to the amount deposited in the Treasury of the United 
     States by the Secretary of the Army pursuant to subparagraph 
     (A) as though the amounts were being disbursed to the State 
     under section 6 of the Mineral Leasing Act for Acquired Lands 
     (30 U.S.C. 355).
       (4) Waiver authority.--On receipt of written notice from 
     the Governor of Oklahoma consenting to the waiver of any of 
     the requirements of paragraphs (1) through (3), the Secretary 
     of the Interior may waive that requirement.
       (c) Ownership of Facilities.--
       (1) In general.--The Secretary of the Army may take 
     ownership of any gas production and treatment equipment and 
     facilities and associated infrastructure from an entity with 
     which the Secretary has entered into a contract under 
     subsection (a)(2) in accordance with the terms of such 
     contract.
       (2) Responsibility.--With respect to a natural gas well 
     installed on MCAAP and subject to this Act, the Secretary of 
     the Interior shall have no responsibility for--
       (A) the plugging, abandonment, or reclamation of such well; 
     or
       (B) any environmental damage caused by or associated with 
     the production of such well.
       (d) Limitation on Uses.--Natural gas produced pursuant to 
     subsection (a) may be used only to support activities and 
     operations at MCAAP.
       (e) Safety Standards for Gas Wells.--

[[Page S2626]]

       (1) In general.--A natural gas well installed on MCAAP and 
     subject to this Act shall meet the same technical 
     installation and operating standards required for a natural 
     gas well installed under a lease issued pursuant to the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et 
     seq.), including--
       (A) the gas measurement requirements under the Federal Oil 
     and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
     seq.); and
       (B) the operational standards required by the Bureau of 
     Land Management pursuant to part 3160 of title 43, Code of 
     Federal Regulations (or a successor regulation).
       (2) Compliance.--With respect to a natural gas well 
     installed on MCAAP and subject to this Act--
       (A) the Bureau of Land Management shall--
       (i) ensure compliance by the Secretary of the Army with the 
     standards described in paragraph (1); and
       (ii) report any violations of the standards to the 
     Secretary of the Army; and
       (B) the Secretary of the Army shall take such actions as 
     are necessary to bring the well into compliance with such 
     standards.
                                 ______
                                 
  SA 473. Ms. KLOBUCHAR (for herself and Mr. Boozman) 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 VII, add the following:

     SEC. 727. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH 
                   REQUIREMENT TO PROVIDE VETERANS ACCESS TO 
                   INDIVIDUAL LONGITUDINAL EXPOSURE RECORD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report providing an update on when the 
     Secretary will provide veterans access to the Individual 
     Longitudinal Exposure Record as required under section 9105 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283; 
     38 U.S.C. 527 note).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimated completion date for veterans to have 
     independent access to the Individual Longitudinal Exposure 
     Record.
       (2) An estimated date on which the Secretary will commence 
     the conduct of a pilot program for access by veterans to the 
     Individual Longitudinal Exposure Record, if the Secretary 
     intends to conduct such a pilot program.
       (3) An assessment of how outreach to veterans will be 
     conducted and how veterans service organizations will be 
     involved with such outreach.
       (4) A justification for each of the matters required under 
     paragraphs (1) through (3).
       (c) Definitions.--In this section:
       (1) Veteran.--The term ``veteran'' has the meaning given 
     that term in section 101(2) of title 38, United States Code.
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary under section 5902 of title 38, United States 
     Code.
                                 ______
                                 
  SA 474. 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 end of subtitle A of title VII, add the following:

     SEC. 707. REVISION OF THE PRIMARY AND PREVENTIVE HEALTH CARE 
                   POLICY OF THE DEPARTMENT OF DEFENSE TO PROVIDE 
                   ENHANCED COLORECTAL CANCER SCREENING STANDARD 
                   FOR MEMBERS OF THE UNIFORMED SERVICES WHO 
                   SERVED IN LOCATIONS ASSOCIATED WITH TOXIC 
                   EXPOSURE.

       (a) In General.--Section 1074d of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (c)''; and
       (B) in paragraph (2), by striking ``consider appropriate.'' 
     and inserting ``determine meet or exceed national standards 
     for preventive care services, including screening under 
     subsection (b).'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Enhanced Colorectal Cancer Screening Standard for 
     Members of the Uniformed Services Exposed to Toxic 
     Substances.--(1) Under the policy developed under subsection 
     (a)(2), any member of the uniformed services who, during 
     active service, was deployed in support of a contingency 
     operation in a location and during a period specified in 
     paragraph (2), is entitled to a colorectal cancer screening, 
     which may include a colonoscopy, fecal occult blood testing, 
     sigmoidoscopy, or other colon cancer screening, by a health 
     care provider of the Department of Defense beginning on the 
     date that is five years after the first day of qualifying 
     service for such member and thereafter at a frequency as 
     recommended by the United States Preventive Services Task 
     Force.
       ``(2) The locations and periods specified in this paragraph 
     are the following:
       ``(A) Iraq during following periods:
       ``(i) The period beginning on August 2, 1990, and ending on 
     February 28, 1991.
       ``(ii) The period beginning on March 19, 2003, and ending 
     on such date as the Secretary of Defense determines burn pits 
     are no longer used in Iraq.
       ``(B) The Southwest Asia theater of operations, other than 
     Iraq, during the period beginning on August 2, 1990, and 
     ending on such date as the Secretary determines burn pits are 
     no longer used in such location, including the following 
     locations:
       ``(i) Kuwait.
       ``(ii) Saudi Arabia.
       ``(iii) Oman.
       ``(iv) Qatar.
       ``(C) Afghanistan during the period beginning on September 
     11, 2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Afghanistan.
       ``(D) Djibouti during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Djibouti.
       ``(E) Syria during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Syria.
       ``(F) Jordan during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Jordan.
       ``(G) Egypt during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Egypt.
       ``(H) Lebanon during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Lebanon.
       ``(I) Yemen during the period beginning on September 11, 
     2001, and ending on such date as the Secretary determines 
     burn pits are no longer used in Yemen.
       ``(J) Such other locations and corresponding periods as set 
     forth by the Airborne Hazards and Open Burn Pit 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).
       ``(K) Such other locations and corresponding periods as the 
     Secretary may determine appropriate in a report submitted 
     under paragraph (3).
       ``(3) Not later than two years after the date of the 
     enactment of the CPT Rafael Barbosa Enhanced Colorectal 
     Cancer Screening Standard for Toxic Exposed Members of the 
     Uniformed Services Act, and not less frequently than once 
     every two years thereafter, the Secretary of Defense shall 
     submit to Congress a report specifying other locations and 
     corresponding periods for purposes of paragraph (2)(K).
       ``(4) A location under this subsection shall not include 
     any body of water around or any airspace above such location.
       ``(5) In this subsection, the term `burn pit' means an area 
     of land that--
       ``(A) is used for disposal of solid waste by burning in the 
     outdoor air; and
       ``(B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.''.
       (b) Report on Colorectal Cancer Rates for Members of the 
     Uniformed Services Deployed to Certain Areas.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report that compares the rates of 
     colorectal cancer among members of the uniformed services 
     deployed to the locations and during the periods specified in 
     section 1074d(b) of title 10, United States Code, as added by 
     subsection (a), as compared to members of the uniformed 
     services who were not deployed to those locations during 
     those periods and to the civilian population.
       (2) Uniformed services defined.--In this subsection, the 
     term ``uniformed services'' has the meaning given that term 
     in section 101(a)(5) of title 10, United States Code.
                                 ______
                                 
  SA 475. 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 in subtitle G of title X, insert 
     the following:

[[Page S2627]]

  


     SEC. ___. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Hostage and Wrongful Detainee Day Act of 2023''.
       (b) Designation.--
       (1) Hostage and wrongful detainee day.--
       (A) In general.--Chapter 1 of title 36, United States Code, 
     is amended--
       (i) by redesignating the second section 146 (relating to 
     Choose Respect Day) as section 147; and
       (ii) by adding at the end the following:

     ``Sec. 148. U.S. Hostage and Wrongful Detainee Day

       ``(a) Designation.--March 9 is U.S. Hostage and Wrongful 
     Detainee Day.
       ``(b) Proclamation.--The President is requested to issue 
     each year a proclamation calling on the people of the United 
     States to observe U.S. Hostage and Wrongful Detainee Day with 
     appropriate ceremonies and activities.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 1 of title 36, United States Code, is 
     amended by striking the item relating to the second section 
     146 and inserting the following new items:

``147. Choose Respect Day.
``148. U.S. Hostage and Wrongful Detainee Day.''.
       (2) Hostage and wrongful detainee flag.--
       (A) In general.--Chapter 9 of title 36, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 904. Hostage and Wrongful Detainee flag

       ``(a) Designation.--The Hostage and Wrongful Detainee flag 
     championed by the Bring Our Families Home Campaign is 
     designated as the symbol of the commitment of the United 
     States to recognizing, and prioritizing the freedom of, 
     citizens and lawful permanent residents of the United States 
     held as hostages or wrongfully detained abroad.
       ``(b) Required Display.--
       ``(1) In general.--The Hostage and Wrongful Detainee flag 
     shall be displayed at the locations specified in paragraph 
     (3) on the days specified in paragraph (2).
       ``(2) Days specified.--The days specified in this paragraph 
     are the following:
       ``(A) U.S. Hostage and Wrongful Detainee Day, March 9.
       ``(B) Flag Day, June 14.
       ``(C) Independence Day, July 4.
       ``(D) Any day on which a citizen or lawful permanent 
     resident of the United States--
       ``(i) returns to the United States from being held hostage 
     or wrongfully detained abroad; or
       ``(ii) dies while being held hostage or wrongfully detained 
     abroad.
       ``(3) Locations specified.--The locations specified in this 
     paragraph are the following:
       ``(A) The Capitol.
       ``(B) The White House.
       ``(C) The buildings containing the official office of--
       ``(i) the Secretary of State; and
       ``(ii) the Secretary of Defense.
       ``(c) Display To Be in a Manner Visible to the Public.--
     Display of the Hostage and Wrongful Detainee flag pursuant to 
     this section shall be in a manner designed to ensure 
     visibility to the public.
       ``(d) Limitation.--This section may not be construed or 
     applied so as to require any employee to report to work 
     solely for the purpose of providing for the display of the 
     Hostage and Wrongful Detainee flag.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 9 of title 36, United States Code, is 
     amended by adding at the end the following:
       

``904. Hostage and Wrongful Detainee flag.''.
                                 ______
                                 
  SA 476. Mr. LUJAN 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 XXXII, insert the 
     following:

     SEC. ___. MODIFICATION OF EMPLOYMENT CONTRACT REQUIREMENTS 
                   FOR DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

       Section 313(b) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2286b(b)) is amended--
       (1) in paragraph (1)(B), by striking ``to the extent 
     authorized by section 3109(b) of title 5, United States 
     Code,''; and
       (2) in paragraph (2), to read as follows:
       ``(2) The limitations on rates and contract duration 
     specified in section 3109(b) of title 5, United States Code, 
     shall not apply to a contract entered into under paragraph 
     (1)(B).''.
                                 ______
                                 
  SA 477. Mr. LUJAN (for himself and Mr. Heinrich) 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. __. GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW 
                   MEXICO.

       (a) Short Title.--This section may be cited as the ``New 
     Mexico Veteran Burial Dignity and Honor Act''.
       (b) In General.--Section 612 of the Veterans Millennium 
     Health Care and Benefits Act (38 U.S.C. 2404 note; Public Law 
     106-117) is repealed.
       (c) Replacement of Flat Grave Markers.--Not later than 
     January 1, 2028, the Secretary of Veterans Affairs shall 
     replace each flat grave marker at the Santa Fe National 
     Cemetery, New Mexico, with an upright grave marker.
       (d) Future Grave Markers.--Any grave marker provided at the 
     Santa Fe National Cemetery after the date of the enactment of 
     this Act shall be an upright grave marker.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (c) $15,000,000 
     for the period of fiscal years 2024 through 2028.
                                 ______
                                 
  SA 478. Mr. LUJAN 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:
       In subtitle D of title XXXI of division C, add at the end 
     the following:

     SEC. 31__. ESTABLISHMENT OF UNITED STATES-ISRAEL DESALINATION 
                   COMMISSION.

       (a) In General.--The Secretary of Energy, in coordination 
     with the Secretary of Defense, the Secretary of the Interior, 
     and the Secretary of State, shall establish a bilateral 
     cooperative commission (referred to in this section as the 
     ``commission'') with Israel to coordinate and support the 
     research and development of desalination technologies.
       (b) Coordination.--The commission shall coordinate with the 
     U.S.-Israel Energy Center, the Israel-U.S. Binational 
     Industrial Research and Development Foundation, and other 
     relevant entities, as determined appropriate by the 
     commission.
       (c) Meetings.--Not later than 180 days after the date of 
     enactment of this Act, the commission shall convene the first 
     meeting and meet quarterly thereafter.
       (d) Report.--Not later than 2 years after the date on which 
     the commission convenes the first meeting, the commission 
     shall submit to Congress a report on the progress of the 
     commission in coordinating, encouraging, and elevating 
     desalination innovation, including the economic and 
     environmental efficiency of the desalination technological 
     process--
       (1) to create a sustainable source of fresh water for the 
     United States and Israel; and
       (2) to minimize the risk of conflict based on access to 
     fresh water.
                                 ______
                                 
  SA 479. Ms. SMITH 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 title X of division A, add the following:

        Subtitle H--CDFI Bond Guarantee Program Improvement Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``CDFI Bond Guarantee 
     Program Improvement Act of 2023''.

     SEC. 1092. SENSE OF CONGRESS.

       It is the sense of Congress that the authority to guarantee 
     bonds under section 114A of the Community Development Banking 
     and Financial Institutions Act of 1994 (12 U.S.C. 4713a) 
     (commonly referred to as the ``CDFI Bond Guarantee Program'') 
     provides community development financial institutions with a 
     sustainable source of long-term capital and furthers the 
     mission of the Community Development Financial Institutions 
     Fund (established under section 104(a) of such Act (12 U.S.C. 
     4703(a)) to increase economic opportunity and promote 
     community development investments for underserved populations 
     and distressed communities in the United States.

     SEC. 1093. GUARANTEES FOR BONDS AND NOTES ISSUED FOR 
                   COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES.

       (a) In General.--Section 114A of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4713a) is amended--
       (1) in subsection (c)(2), by striking ``, multiplied by an 
     amount equal to the outstanding principal balance of issued 
     notes or bonds'';
       (2) by amending subsection (e)(2) to read as follows:
       ``(2) Limitation on guarantee amount.--The Secretary may 
     not guarantee any amount under the program equal to less than

[[Page S2628]]

     $25,000,000, but the total of all such guarantees in any 
     fiscal year may not exceed $1,000,000,000.''; and
       (3) in subsection (k), by striking ``September 30, 2014'' 
     and inserting ``the date that is 4 years after the date of 
     enactment of the CDFI Bond Guarantee Program Improvement Act 
     of 2023''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (Public Law 103-315; 108 Stat. 2160) 
     is amended by inserting after the item relating to section 
     114 the following:

``Sec. 114A. Guarantees for bonds and notes issued for community or 
              economic development purposes.''.

     SEC. 1094. REPORT ON THE CDFI BOND GUARANTEE PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, and not later than 3 years after such date of enactment, 
     the Secretary of the Treasury shall issue a report to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives on the effectiveness of the CDFI bond 
     guarantee program established under section 114A of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4713a).
                                 ______
                                 
  SA 480. Mrs. GILLIBRAND (for herself, Mr. Marshall, Mrs. Feinstein, 
Ms. Ernst, and Mr. Casey) 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. __. COMPREHENSIVE REVIEW OF THE COVID-19 RESPONSE.

       (a) Establishment of Task Force.--There is established in 
     the legislative branch a task force to be known as the 
     ``National Task Force on the Response of the United States to 
     the COVID-19 Pandemic'' (referred to in this section as the 
     ``Task Force'').
       (b) Purposes.--The purposes of the Task Force are to--
       (1) examine, assess, and report upon the United States' 
     preparedness for, and response to, the COVID-19 pandemic, 
     including--
       (A) the initial Federal, State, local, and territorial 
     responses in the United States;
       (B) the ongoing Federal, State, local, and territorial 
     responses in the United States, including the activities, 
     policies, and decisions of the Trump Administration and the 
     Biden Administration;
       (C) the impact of the pandemic on public health and health 
     care systems; and
       (D) the initial outbreak in Wuhan, China, including efforts 
     to determine the potential causes for the emergence of the 
     SARS-CoV-2 virus, and Federal actions to mitigate its spread 
     internationally;
       (2) build upon existing or ongoing evaluations and avoid 
     unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of other appropriate task 
     forces, committees, commissions, or entities established by 
     other public or nonprofit private entities related to the 
     United States' preparedness for, and response to, the COVID-
     19 pandemic;
       (3) identify gaps in public health preparedness and medical 
     response policies, processes, and activities, including 
     disparities in COVID-19 infection and mortality rates among 
     people of color, older adults, people with disabilities, and 
     other vulnerable or at-risk groups, and how such gaps 
     impacted the ability of the United States to respond to the 
     COVID-19 pandemic; and
       (4) submit a report to the President and to Congress on its 
     findings, conclusions, and recommendations to improve the 
     United States preparedness for, and response to, future 
     public health emergencies, including a public health 
     emergency resulting from an emerging infectious disease.
       (c) Composition of Task Force; Meetings.--
       (1) Members.--The Task Force shall be composed of 12 
     members, of whom--
       (A) 1 member shall be appointed by the majority leader of 
     the Senate;
       (B) 1 member shall be appointed by the minority leader of 
     the Senate;
       (C) 2 members shall be appointed by the chair of the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate;
       (D) 2 members shall be appointed by the ranking member of 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate;
       (E) 1 member shall be appointed by the Speaker of the House 
     of Representatives;
       (F) 1 member shall be appointed by the minority leader of 
     the House of Representatives;
       (G) 2 members shall be appointed by the chair of the 
     Committee on Energy and Commerce of the House of 
     Representatives; and
       (H) 2 members shall be appointed by the ranking member of 
     the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Chair and vice chair.--Not later than 30 days after the 
     date on which all members of the Task Force are appointed 
     under paragraph (1), such members shall meet to elect a Chair 
     and Vice Chair from among such members. The Chair and Vice 
     Chair shall each be elected to serve upon an affirmative vote 
     from not less than 8 members of the Task Force. The Chair and 
     Vice Chair shall not be registered members of the same 
     political party.
       (3) Qualifications.--
       (A) Political party affiliation.--Not more than 6 members 
     of the Task Force shall be registered members of the same 
     political party.
       (B) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or any State, local, Tribal, or 
     territorial government.
       (C) Qualifications.--It is the sense of Congress that 
     individuals appointed to the Task Force should be highly 
     qualified citizens of the United States. Members appointed 
     under paragraph (1) may include individuals with expertise 
     in--
       (i) public health, health disparities and at-risk 
     populations, medicine, and related fields;
       (ii) State, local, Tribal, or territorial government, 
     including public health and medical preparedness and response 
     and emergency management and other relevant public 
     administration;
       (iii) research regarding, or the development, 
     manufacturing, distribution, and regulation of, medical 
     products;
       (iv) national security and foreign relations, including 
     global health; and
       (v) commerce, including transportation, supply chains, and 
     small business.
       (4) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 90 days after the 
     date of enactment of this Act.
       (5) Meetings.--The Task Force shall meet and begin the 
     operations of the Task Force as soon as practicable. After 
     its initial meeting, the Task Force shall meet upon the call 
     of the Chair and Vice Chair or not less than 8 of its 
     members.
       (6) Quorum; vacancies.--
       (A) Quorum.--Eight members of the Task Force shall 
     constitute a quorum.
       (B) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (d) Functions of Task Force.--The functions of the Task 
     Force are to--
       (1) conduct a review that--
       (A) examines the initial outbreak of the SARS-CoV-2 virus 
     in Wuhan, China, including--
       (i) engaging with willing partner governments and global 
     experts;
       (ii) seeking access to relevant records; and
       (iii) examining the potential causes of the emergence and 
     source of the virus;
       (B) examines the United States preparation for, and 
     response to, the COVID-19 pandemic, including--
       (i) relevant laws, policies, regulations, and processes 
     that were in place prior to, or put into place during, the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) with respect to COVID-19, 
     including any that are put into place related to such public 
     health emergency after the date of enactment of this Act and 
     prior to the issuance of the final report pursuant to 
     subsection (j)(2);
       (ii) relevant actions taken by, and coordination between, 
     Federal, State, local, Tribal, and territorial governments, 
     nongovernmental organizations, and international 
     organizations on preparedness and response efforts, including 
     coordination between governments and other public and private 
     entities, during the--

       (I) initial response in the United States;
       (II) response during the Trump Administration; and
       (III) ongoing response during the Biden Administration;

       (iii) communication of public health and scientific 
     information related to the COVID-19 pandemic, including 
     processes for the development, approval, and dissemination of 
     Federal public health and other relevant public health or 
     scientific guidance; and
       (iv) actions taken to support the development, 
     manufacturing, and distribution of medical countermeasures 
     and related medical supplies to prevent, detect, and treat 
     COVID-19; and
       (C) may include assessments relating to--
       (i) the capacity and capabilities of Federal, State, local, 
     Tribal, and territorial governments to respond to the COVID-
     19 pandemic;
       (ii) the capacity and capabilities of health care 
     facilities and the health care workforce to respond to the 
     COVID-19 pandemic;
       (iii) medical countermeasure research and development and 
     the supply chains of medical products necessary to respond to 
     the COVID-19 pandemic;
       (iv) international preparedness for and response to COVID-
     19, and Federal decision-making processes related to new 
     global health threats;
       (v) containment and mitigation measures related to domestic 
     and international travel in response to COVID-19; and
       (vi) the impact of the COVID-19 pandemic and related 
     mitigation efforts on hard-to-reach and at-risk or 
     underserved populations, including related health 
     disparities;
       (2) identify, review, and evaluate the lessons learned from 
     the COVID-19 pandemic,

[[Page S2629]]

     including activities to prepare for, and respond to, future 
     potential pandemics and related public health emergencies; 
     and
       (3) submit to the President and Congress such reports as 
     are required by this section containing such findings, 
     conclusions, and recommendations as the Task Force shall 
     determine.
       (e) Powers of Task Force.--
       (1) Hearings.--The Task Force may--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence as 
     determined by the Chair and Vice Chair, and administer such 
     oaths as the Task Force or a designated member, as determined 
     by the Chair or Vice Chair, may determine advisable to be 
     necessary to carry out the functions of the Task Force; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the person described in 
     paragraph (2)(A)(i) may determine advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the Chair and the Vice Chair; or
       (II) by the affirmative vote of not less than 9 members of 
     the Task Force.

       (ii) Signature.--Subpoenas issued under this subsection may 
     be issued under the signature of the Chair or any member 
     designated by a majority of the Task Force, and may be served 
     by any person designated by the Chair or by a member 
     designated by agreement of the majority of the Task Force.
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection, the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (3) Contracting.--The Task Force may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Task Force to discharge its 
     duties under this Act.
       (4) Information from federal agencies.--
       (A) In general.--The Task Force may access from any 
     executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Federal Government, such information, documents, suggestions, 
     estimates, and statistics as the Task Force considers 
     necessary to carry out this section.
       (B) Provision of information.--On written request of the 
     Chair, each department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality shall, 
     to the extent authorized by law, provide such information to 
     the Task Force.
       (C) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Task Force and its staff 
     consistent with all applicable statutes, regulations, and 
     executive orders.
       (5) Assistance from federal agencies.--
       (A) General services administration.--On request of the 
     Chair and Vice Chair, the Administrator of the General 
     Services Administration shall provide to the Task Force, on a 
     reimbursable basis, administrative support and other 
     assistance necessary for the Task Force to carry out its 
     duties.
       (B) Other departments and agencies.--In addition to the 
     assistance provided for in subparagraph (A), departments and 
     agencies of the United States may provide to the Task Force 
     such assistance as such departments and agencies may 
     determine advisable and as authorized by law.
       (6) Donations.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property. Not later than 
     5 days after the acceptance of a donation under this 
     subsection, the Task Force shall publicly disclose--
       (A) the name of the entity that provided such donation;
       (B) the service or property provided through such donation;
       (C) the value of such donation; and
       (D) how the Task Force plans to use such donation.
       (7) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.
       (f) Applicability of Federal Advisory Committee Act.--
       (1) In general.--Chapter 10 of title 5, United States Code 
     (commonly referred to as the ``Federal Advisory Committee 
     Act''), shall apply to the Task Force.
       (2) Public meetings and release of public versions of 
     reports.--The Task Force shall--
       (A) hold public hearings and meetings to the extent 
     appropriate; and
       (B) release public versions of the reports required under 
     paragraph (1) and (2) of subsection (j).
       (3) Public hearings.--Any public hearings of the Task Force 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the Task 
     Force as required by any applicable statute, regulation, or 
     Executive order.
       (g) Staff of Task Force.--
       (1) In general.--
       (A) Appointment and compensation.--The Chair of the Task 
     Force, in agreement with the Vice Chair, in accordance with 
     rules agreed upon by the Task Force, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Task Force to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (B) Personnel as federal employees.--
       (i) In general.--The staff director and any personnel of 
     the Task Force who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of task force.--Clause (i) shall not be 
     construed to apply to members of the Task Force.
       (2) Detailees.--Upon request of the Chair and Vice Chair of 
     the Task Force, the head of any executive department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality of the Federal Government employee may 
     detail, without reimbursement, any of its personnel to the 
     Task Force to assist in carrying out its duties under this 
     section. Any such detailee shall be without interruption or 
     loss of civil service status or privilege.
       (3) Consultant services.--The Task Force is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (h) Compensation and Travel Expenses.--Each member of the 
     Task Force shall serve without compensation, but shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code.
       (i) Security Clearances for Task Force Members and Staff.--
     The appropriate Federal agencies or departments shall 
     cooperate with the Task Force in expeditiously providing to 
     the Task Force members and staff appropriate security 
     clearances, consistent with existing procedures and 
     requirements. No person shall be provided with access to 
     classified information under this section without the 
     appropriate security clearances.
       (j) Reports of Task Force; Termination.--
       (1) Interim report.--Not later than 180 days after the date 
     of enactment of this Act, the Task Force shall submit to the 
     President, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives an interim report 
     containing such findings, conclusions, and recommendations as 
     have been agreed to by not less than 8 members of the Task 
     Force. Such interim report shall be made available online in 
     a manner that does not compromise national security.
       (2) Final report.--
       (A) In general.--Not later than 18 months after the date on 
     which the last member of the Task Force is appointed, the 
     Task Force shall submit to the President, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Energy and Commerce of the House of 
     Representatives a final report containing such findings, 
     conclusions, and recommendations as have been agreed to by 
     not less than 8 members of the Task Force. The final report 
     shall be made available online in a manner that does not 
     compromise national security.
       (B) Extensions.--
       (i) In general.--The submission and publication of the 
     final report, as described in subparagraph (A), may be 
     delayed by 6 months upon the agreement of not less than 8 
     members of the Task Force.
       (ii) Notification.--The Task Force shall notify the 
     President, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, the Committee on Energy and Commerce 
     of the House of Representatives, and the public of any 
     extension granted under clause (i).
       (C) Special rules and considerations.--
       (i) Rule of construction.--Nothing in this subsection shall 
     be construed as authorizing the Task Force to publicly 
     disclose information otherwise prohibited from disclosure by 
     law.
       (ii) Special timing considerations.--Notwithstanding any 
     other provision of this section, the Task Force shall not 
     publish or make available any interim or final report during 
     the 60-day periods ending November 5, 2024, and November 3, 
     2026.
       (3) Termination.--
       (A) In general.--The Task Force, and all the authorities of 
     this section, shall terminate 60 days after the date on which 
     the final report is submitted under paragraph (2).
       (B) Administrative activities before termination.--The Task 
     Force may use the 60-day period referred to in subparagraph 
     (A) for the purpose of concluding its activities,

[[Page S2630]]

     including providing testimony to committees of Congress 
     concerning its reports and disseminating the final report.
       (k) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (2) Duration of availability.--Amounts made available to 
     the Task Force under paragraph (1) shall remain available 
     until the termination of the Task Force.
                                 ______
                                 
  SA 481. Mr. WHITEHOUSE (for himself, Mr. Cassidy, and Mr. King) 
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--COMBATING CROSS-BORDER FINANCIAL CRIME

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Combating Cross-border 
     Financial Crime Act of 2023''.

     SEC. 1802. ESTABLISHMENT OF CROSS-BORDER FINANCIAL CRIME 
                   CENTER.

       The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended 
     by inserting after section 631 (19 U.S.C. 1631) the 
     following:

     ``SEC. 632. ESTABLISHMENT OF CROSS-BORDER FINANCIAL CRIME 
                   CENTER.

       ``(a) Establishment.--The Secretary of Homeland Security, 
     acting through the Executive Associate Director of Homeland 
     Security Investigations, shall--
       ``(1) establish the Cross-Border Financial Crime Center (in 
     this section referred to as the `Center'), which shall be 
     located in the National Capital region (as defined in section 
     8702 of title 40, United States Code); and
       ``(2) appoint a Director to serve as the head of the Center 
     (in this section referred to as the `Director').
       ``(b) Duties.--
       ``(1) In general.--The Center shall--
       ``(A) support, through the provision of analysts, 
     equipment, and other resources, the investigation and seizure 
     of assets and proceeds (as defined in section 981 of title 
     18, United States Code) related to trade-based money 
     laundering and other illicit cross-border financial activity 
     or attempted illicit cross-border financial activity, to, 
     from, or through the United States, including such activity 
     conducted by actors determined by the Secretary of State, the 
     Attorney General, the Secretary of the Treasury, and the 
     Secretary of Homeland Security to be the highest priority 
     threats, including--
       ``(i) transnational criminal organizations;
       ``(ii) kleptocrats and oligarchs with respect to whom the 
     United States has imposed sanctions;
       ``(iii) professional money laundering organizations; and
       ``(iv) persons knowingly enabling criminal or corrupt 
     activity, including designated non-financial businesses and 
     professions;
       ``(B) coordinate with the Deputy Directors appointed under 
     subsection (c) and the heads of other relevant Federal 
     agencies to better ensure uniform training is provided to 
     United States Federal, State, local, and Tribal law 
     enforcement agencies and foreign law enforcement agencies to 
     address the vulnerabilities outlined in the National Money 
     Laundering Risk Assessment, published by the Department of 
     the Treasury in February 2022, or any successor document;
       ``(C) coordinate with such agencies to develop metrics to 
     assess whether the training described in subparagraph (B) 
     improved enforcement of anti-money laundering laws;
       ``(D) leverage existing, lawfully obtained, government data 
     sources to establish a means to receive, collect, track, 
     analyze, and deconflict information regarding illicit cross-
     border financial activity from United States and foreign law 
     enforcement agencies and other non-Federal sources;
       ``(E) coordinate with the Deputy Directors appointed under 
     subsection (c) and relevant components of their agencies, 
     including the Financial Crimes Enforcement Network, to 
     disseminate information, on a rolling basis, regarding trends 
     and techniques involved in illicit cross-border financial 
     activity to other Federal agencies, private sector 
     stakeholders, and foreign law enforcement partners, as 
     appropriate;
       ``(F) coordinate with the offices of United States 
     attorneys in order to develop expertise in, and assist with, 
     the investigation and prosecution of crimes involving trade-
     based money laundering and other illicit cross-border 
     financial activity; and
       ``(G) carry out such other duties as the Executive 
     Associate Director may assign.
       ``(2) Supplement not supplant.--The duties described in 
     paragraph (1) shall supplement, not supplant, the work of 
     existing Federal agencies, task forces, and working groups.
       ``(c) Deputy Directors.--The Attorney General, the 
     Secretary of the Treasury (acting through the Director of the 
     Financial Crimes Enforcement Network), and the Secretary of 
     State shall each appoint a Deputy Director to assist the 
     Director.
       ``(d) Coordination With Other Agencies.--
       ``(1) In general.--In carrying out the duties described in 
     subsection (b), the Director shall coordinate with the 
     Federal entities specified in paragraph (2), and to the 
     extent practicable, with the State, local, and Tribal 
     entities specified in paragraph (3) to ensure at least part-
     time representation, in the form of detailees, in the Center 
     of at least one agent or analyst with expertise in countering 
     cross-border illicit finance, including trade-based money 
     laundering, from each such entity.
       ``(2) Federal entities specified.--The Federal entities 
     specified in this paragraph are the following:
       ``(A) The Department of the Treasury and the following 
     components of the Department:
       ``(i) The Financial Crimes Enforcement Network.
       ``(ii) The Office of Foreign Assets Control.
       ``(iii) The Office of the Comptroller of the Currency.
       ``(iv) The Office of Technical Assistance.
       ``(v) Internal Revenue Service Criminal Investigation.
       ``(vi) The Small Business/Self Employed Division of the 
     Internal Revenue Service.
       ``(B) The Department of Justice and the following 
     components of the Department:
       ``(i) The Criminal Division.
       ``(ii) The Drug Enforcement Administration.
       ``(iii) The Federal Bureau of Investigation.
       ``(iv) Task Force KleptoCapture.
       ``(C) The Department of State and the following components 
     of the Department:
       ``(i) The Bureau of International Narcotics and Law 
     Enforcement Affairs.
       ``(ii) The Bureau of Western Hemisphere Affairs.
       ``(iii) The Bureau of African Affairs.
       ``(iv) The Bureau of East Asian and Pacific Affairs.
       ``(v) The Bureau of European and Eurasian Affairs.
       ``(vi) The Bureau of Near Eastern Affairs.
       ``(vii) The Bureau of South and Central Asian Affairs.
       ``(viii) The Bureau of Economic and Business Affairs.
       ``(ix) The Bureau of Diplomatic Security.
       ``(D) The following components of the Department of 
     Homeland Security:
       ``(i) U.S. Customs and Border Protection.
       ``(ii) The United States Secret Service.
       ``(iii) The National Intellectual Property Rights 
     Coordination Center.
       ``(iv) The Trade Transparency Units program of U.S. 
     Immigration and Customs Enforcement.
       ``(v) The Bulk Cash Smuggling Center of U.S. Immigration 
     and Customs Enforcement.
       ``(vi) The Cyber Crimes Center of Homeland Security 
     Investigations.
       ``(E) The National Security Agency.
       ``(F) The United States Postal Inspection Service.
       ``(G) The Department of Commerce.
       ``(H) The Department of Defense.
       ``(I) The Office of the United States Trade Representative.
       ``(J) The Board of Governors of the Federal Reserve System.
       ``(K) The Commodity Futures Trading Commission.
       ``(L) The Securities and Exchange Commission.
       ``(M) The Federal Trade Commission.
       ``(N) The Federal Deposit Insurance Corporation.
       ``(O) The National Credit Union Administration.
       ``(3) State, local, and tribal entities specified.--The 
     State, local, and Tribal entities specified in this paragraph 
     are the following:
       ``(A) Any State bank supervisor (as that term is defined in 
     section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813)) that the Executive Associate Director considers 
     appropriate.
       ``(B) Any State credit union supervisor (as that term is 
     used in the Federal Credit Union Act (12 U.S.C. 1751 et 
     seq.)) that the Executive Associate Director considers 
     appropriate.
       ``(C) Any State, local, and Tribal law enforcement agency 
     that the Executive Associate Director considers appropriate.
       ``(4) Supplement not supplant.--The coordination described 
     in paragraph (1) shall supplement, not supplant, the work of 
     existing Federal agencies, task forces, and working groups.
       ``(e) Private Sector Outreach.--
       ``(1) In general.--The Director, in coordination with the 
     Deputy Directors appointed under subsection (c) by the 
     Attorney General and the Secretary of the Treasury, shall 
     work with the Federal entities specified in subsection (d)(2) 
     to conduct outreach to private sector entities in the United 
     States in order to exchange information, in real-time or as 
     soon as practicable, with respect to tactics and trends being 
     used to conduct illicit cross-border financial activity, 
     including such activity that involves corruption, 
     international commercial trade and counterfeit products, bulk 
     cash smuggling, the illicit use of digital assets or digital 
     currencies and the dark web, and financial institutions and 
     designated nonfinancial businesses and professions.
       ``(2) Training and technical assistance.--In order to 
     coordinate public and private sector efforts to combat the 
     tactics and trends described in paragraph (1), the Director, 
     in coordination with the Deputy Directors appointed under 
     subsection (c) by the Attorney General and the Secretary of 
     the Treasury,

[[Page S2631]]

     shall provide training and technical assistance, as 
     appropriate, regarding best practices for--
       ``(A) identifying, reporting, and protecting against money 
     laundering; and
       ``(B) maintaining sensitive financial information, which 
     may include suspicious activity reports and currency 
     transaction reports.
       ``(3) Supplement not supplant.--The activities described in 
     paragraphs (1) and (2) shall supplement, not supplant, the 
     work of existing Federal agencies, task forces, and working 
     groups.
       ``(f) International Outreach.--
       ``(1) In general.--The Secretary of State, acting through 
     the Assistant Secretary of State for International Narcotics 
     and Law Enforcement Affairs, shall coordinate with the 
     Director of the Center and the Deputy Directors of the Center 
     appointed under subsection (c) by the Attorney General and 
     the Secretary of the Treasury to facilitate capacity building 
     and perform outreach to law enforcement agencies of countries 
     that are partners of the United States and foreign private 
     industry stakeholders by developing and providing specialized 
     training and information-sharing opportunities regarding 
     illicit cross-border financial activity, including such 
     activity that involves corruption, international commercial 
     trade and counterfeit products, bulk cash smuggling, the 
     illicit use of digital assets or digital currencies and the 
     dark web, and financial institutions and designated 
     nonfinancial businesses and professions.
       ``(2) Coordination.--In carrying out paragraph (1) in a 
     country, the Secretary of State, acting through the Assistant 
     Secretary of State for International Narcotics and Law 
     Enforcement Affairs, and in coordination with the Director of 
     the Center and the Deputy Directors of the Center appointed 
     under subsection (c) by the Attorney General and the 
     Secretary of the Treasury, shall establish and maintain 
     relationships with--
       ``(A) officials from law enforcement agencies, regulatory 
     authorities, customs authorities, financial intelligence 
     units, and ministries of finance in that country; and
       ``(B) private industry stakeholders in that country, 
     including commercial and financial industry stakeholders most 
     commonly impacted by illicit cross-border financial activity.
       ``(3) Supplement not supplant.--The activities described in 
     paragraph (1) shall supplement, not supplant, international 
     training conducted by other Federal agencies.
       ``(4) Information sharing.--To the extent practicable and 
     consistent with other provisions of law, the Secretary of 
     State, acting through the Assistant Secretary of State for 
     International Narcotics and Law Enforcement Affairs, shall 
     work with the Director and, as appropriate, the Deputy 
     Directors appointed under subsection (c), to strengthen 
     international cooperation and information-sharing agreements 
     with law enforcement agencies of countries that are partners 
     of the United States regarding combating illicit cross-border 
     financial activity, including through the enhancement and 
     expansion of Trade Transparency Units under section 633.
       ``(g) Report Required.--
       ``(1) In general.--Not less frequently than annually, the 
     Director shall submit to the appropriate congressional 
     committees a report detailing the latest trends and 
     techniques utilized to facilitate illicit cross-border 
     financial activity.
       ``(2) Elements.--The report required by paragraph (1) shall 
     include--
       ``(A) an assessment of the training provided to United 
     States and foreign law enforcement agencies under subsection 
     (b)(1)(B), based upon the metrics developed under subsection 
     (b)(1)(C);
       ``(B) a summary of the activities conducted pursuant to 
     subsections (d), (e), and (f);
       ``(C) the number and status of investigations supported by 
     the Center, unless the disclosure of such information would 
     reveal information protected by rule 6(e) of the Federal 
     Rules of Criminal Procedure or a court order;
       ``(D) the amount of money and other assets of value in 
     various forms that the United States Government seized as a 
     result of such investigations; and
       ``(E) the countries with which the Center has established 
     information-sharing agreements.
       ``(3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include information 
     that is classified or law enforcement sensitive in an annex.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary of Homeland Security to establish and 
     maintain the Center--
       ``(A) $10,000,000 for fiscal year 2024; and
       ``(B) such sums as may be necessary for each of fiscal 
     years 2025 through 2029.
       ``(2) Prohibition on use of funds.--None of the funds 
     authorized to be appropriated pursuant to the authorization 
     of appropriations under paragraph (1) may be obligated or 
     expended to carry out civil immigration enforcement or 
     removal activities.
       ``(i) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Caucus on International Narcotics Control, the 
     Committee on Finance, the Committee on Banking, Housing, and 
     Urban Affairs, and the Committee on the Judiciary of the 
     Senate; and
       ``(B) the Committee on Ways and Means, the Committee on 
     Financial Services, and the Committee on the Judiciary of the 
     House of Representatives.
       ``(2) Trade-based money laundering.--The term `trade-based 
     money laundering' means the process of disguising the 
     proceeds of crime by moving such proceeds through the use of 
     trade transactions in an attempt to legitimize the illegal 
     origin of such proceeds or to finance criminal activities.
       ``(3) United states.--The term `United States' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands, and any 
     federally recognized tribe (as defined in section 4(3)(B) of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4103(13)(B)).''.

     SEC. 1803. TRADE TRANSPARENCY UNITS PROGRAM.

       The Tariff Act of 1930 (19 U.S.C. 1304 et seq.), as amended 
     by section 1802, is further amended by inserting after 
     section 632 the following:

     ``SEC. 633. TRADE TRANSPARENCY UNITS PROGRAM.

       ``(a) Establishment of Program.--The Secretary of Homeland 
     Security, acting through the Executive Associate Director of 
     Homeland Security Investigations, shall establish a program 
     under which Trade Transparency Units are established with 
     foreign countries.
       ``(b) Purposes.--The purposes of Trade Transparency Units 
     are--
       ``(1) to combat transnational criminal organizations, 
     kleptocrats and oligarchs with respect to whom the United 
     States has imposed sanctions, professional money laundering 
     organizations, and other criminal or corrupt actors or 
     enablers of criminal or corrupt activity; and
       ``(2) to prevent such persons from exploiting the 
     international trade and financial infrastructures to finance 
     criminal acts, evade sanctions or export controls, evade 
     taxes, tariffs, or customs duties, or launder criminal or 
     corrupt proceeds, by--
       ``(A) developing relationships with foreign law enforcement 
     agencies and customs authorities; and
       ``(B) working through the Department of State to strengthen 
     international cooperation and facilitate information-sharing 
     agreements with foreign countries that provide for the 
     exchange of import and export data with agencies of those 
     countries, and as appropriate, other United States agencies, 
     which can be used to investigate and prosecute international 
     money laundering and illicit trade cases.
       ``(c) Establishment and Composition of Units.--
       ``(1) Establishment of units.--The Executive Associate 
     Director, in consultation with the Secretary of State, may 
     establish Trade Transparency Units in--
       ``(A) countries in which money laundering is prevalent;
       ``(B) countries in which corruption is prevalent;
       ``(C) countries that conduct a high volume of trade with 
     the United States;
       ``(D) countries that have inconsistent trade figures or 
     high incidences of illicit trade;
       ``(E) trade corridors in which one country that has a 
     currency restriction in place;
       ``(F) countries that have been identified as having 
     substantial volumes of suspicious financial transactions, 
     based on data obtained under subchapter II of chapter 53 of 
     title 31, United States Code; or
       ``(G) countries for which the Executive Associate Director, 
     in consultation with the Secretary of State, determines that 
     a Trade Transparency Unit would support the purposes of the 
     Trade Transparency Units program under this section.
       ``(2) Requirements.--
       ``(A) In general.--Before establishing a Trade Transparency 
     Unit in a country after the date of the enactment of the 
     Combating Cross-border Financial Crime Act of 2023, the 
     Executive Associate Director shall--
       ``(i) ensure the United States and the government of the 
     country have an active Customs Mutual Assistance Agreement in 
     place;
       ``(ii) conduct a risk-based assessment to determine whether 
     the country meets the criteria described in any of 
     subparagraphs (A) through (F) of paragraph (1); and
       ``(iii) work with the United States embassy in the country 
     to establish a trade data exchange agreement or memorandum of 
     understanding with the government of the country that 
     includes, to the greatest extent practicable, language to 
     provide for the sharing of foreign import and export data 
     with relevant United States agencies.
       ``(B) Transition rule.--The requirements under subparagraph 
     (A) do not apply with respect to a Trade Transparency Unit 
     established before the date of the enactment of the Combating 
     Cross-border Financial Crime Act of 2023.
       ``(3) Composition.--A Trade Transparency Unit may be 
     comprised of personnel from--
       ``(A) Homeland Security Investigations;
       ``(B) other Federal agencies, as appropriate; and
       ``(C) foreign law enforcement agencies, as appropriate and 
     pursuant to a trade data exchange agreement or memorandum of 
     understanding described in paragraph (2)(C).
       ``(d) Operation.--After a trade data exchange agreement or 
     memorandum of understanding described in subsection 
     (c)(2)(A)(iii)

[[Page S2632]]

     is signed with a country, the Executive Associate Director, 
     in consultation with the Secretary of State, may assign 
     Homeland Security Investigations criminal investigators to 
     the country to provide training and technical assistance to 
     the country in order to operationalize and maintain a Trade 
     Transparency Unit in that country.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary of Homeland Security $4,100,000 for each of 
     fiscal years 2024 through 2029 to establish and maintain 
     Trade Transparency Units.
       ``(2) Prohibition on use of funds.--None of the funds 
     authorized to be appropriated pursuant to the authorization 
     of appropriations under paragraph (1) may be obligated or 
     expended to carry out civil immigration enforcement or 
     removal activities.''.

     SEC. 1804. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
                   BARRIERS TO HARMONIZING DATA SYSTEMS OF CERTAIN 
                   LAW ENFORCEMENT AGENCIES.

       (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 congressional 
     committees a report detailing the statutory, technical, and 
     security barriers to harmonizing the data systems of relevant 
     law enforcement agencies, including the Bureau of Alcohol, 
     Tobacco, Firearms, and Explosives, the Federal Bureau of 
     Investigation, the Drug Enforcement Administration, the 
     United States Secret Service, the Diplomatic Security 
     Service, the Financial Crimes Enforcement Network, and U.S. 
     Customs and Border Protection, to improve data access 
     necessary to facilitate trade-based money laundering 
     investigations.
       (b) Assessment of New Technologies.--The report required by 
     subsection (a) shall include an assessment of the benefits 
     and feasibility of integrating new technologies, including 
     distributed ledger technology and quantum ledger technology, 
     into the processes of U.S. Customs and Border Protection and 
     the customs services of foreign jurisdictions with which the 
     United States has trade agreements in effect in order to 
     facilitate the immediate, secure, and complete transfer 
     between jurisdictions of lists of goods and related invoices 
     and bills of lading.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Caucus on International Narcotics Control, the 
     Committee on Finance, the Committee on Banking, Housing, and 
     Urban Affairs, and the Committee on the Judiciary of the 
     Senate; and
       (B) the Committee on Ways and Means, the Committee on 
     Financial Services, and the Committee on the Judiciary of the 
     House of Representatives.
       (2) Trade-based money laundering.--The term ``trade-based 
     money laundering'' means the process of disguising the 
     proceeds of crime by moving such proceeds through the use of 
     trade transactions in an attempt to legitimize the illegal 
     origin of such proceeds or to finance criminal activities.
                                 ______
                                 
  SA 482. 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. SUPPORT FOR MILITARY FAMILIES WITH DEPENDENTS IN 
                   THE EXCEPTIONAL FAMILY MEMBER PROGRAM.

       (a) Guarantee of Medical, Education, and Organization 
     Support.--
       (1) In general.--The Secretary of a military department 
     shall ensure, upon issuing relocation orders to an eligible 
     member, that--
       (A) the member will not be required to relocate again--
       (i) during the 6 months after the issuance of such orders, 
     if the member is assigned to a duty station within the 
     contiguous United States; or
       (ii) during the 8 months after the issuance of such orders, 
     if the member is assigned to a duty station outside of the 
     contiguous United States;
       (B) initial care appointments for the qualifying dependent 
     of the member--
       (i) will be scheduled not later than 60 days after the 
     issuance of such orders; and
       (ii) will occur not later than 30 days after the dependent 
     arrives at the new duty station of the member; and
       (C) the commander of the member at the new duty station of 
     provides feedback to the member with respect to continuity of 
     care for the dependent.
       (2) Facilitation of relocations.--The Secretary of each 
     military department shall ensure the establishment of 
     systematic and transparent methods to connect commands and 
     eligible members to facilitate outgoing preparations relating 
     to the relocations of such members and onboarding processes 
     for such members at new duty stations, with particular 
     emphasis on coordination between commanders at the previous 
     duty station and at the new duty station.
       (b) Guardianship Grants.--The Secretary of Defense may 
     provide to an eligible member a grant of $5,000 for each 
     qualifying dependent of the member who is under the age of 18 
     to be used for legal expenses related to handling 
     guardianship of the dependent when the dependent achieves the 
     age of 18.
       (c) Housing Grants.--The Secretary of each military 
     department may provide to an eligible member, after each 
     permanent change of station of the member, a reimbursable, 
     specially adapted housing grant of $8,000 if--
       (1) the qualifying dependent of the member has a permanent 
     and total disability; and
       (2) the Secretary determines that the disability reasonably 
     requires adaptations to the residence of the member and the 
     dependent at the new duty station.
       (d) Specially Adapted Vehicle Grant.--The Secretary of each 
     military department may provide to an eligible member one 
     grant of $3,000 for the purpose of adapting a passenger 
     vehicle of the member to accommodate the mobility needs of 
     the qualifying dependent of the member.
       (e) Implementation.--The Secretary of Defense and the 
     Secretaries of the military departments shall prescribe 
     regulations and issue guidelines to ensure the effective 
     implementation of this section.
       (f) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report describing--
       (1) the extent of compliance with the provisions of this 
     section;
       (2) the effectiveness of support provided under this 
     section; and
       (3) any challenges encountered in carrying out this section 
     and recommendations for improvement.
       (g) Funding.--The Secretary of Defense shall ensure that 
     appropriate funding is provided to carry out this section.
       (h) Effective Date; Applicability.--This section shall take 
     on December 1, 2025, and apply to all relocations of eligible 
     members occurring on or after that date.
       (i) Definitions.--In this section:
       (1) Eligible member.--The term ``eligible member'' means a 
     member of the Armed Forces with a qualifying dependent.
       (2) Qualifying dependent.--The term ``qualifying 
     dependent'' means a dependent of a member of the Armed Forces 
     who is in the Exceptional Family Member Program.
                                 ______
                                 
  SA 483. Mr. BROWN (for himself 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 end of subtitle G of title X, insert the following:

     SEC. 10___. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS.

       Subtitle B of title VI of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1321 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 4024. GUARANTEED BENEFIT CALCULATION FOR CERTAIN 
                   PLANS.

       ``(a) In General.--
       ``(1) Increase to full vested plan benefit.--
       ``(A) In general.--For purposes of determining what 
     benefits are guaranteed under section 4022 with respect to an 
     eligible participant or beneficiary under a covered plan 
     specified in paragraph (4) in connection with the termination 
     of such plan, the amount of monthly benefits shall be equal 
     to the full vested plan benefit with respect to the 
     participant.
       ``(B) No effect on previous determinations.--Nothing in 
     this section shall be construed to change the allocation of 
     assets and recoveries under sections 4044(a) and 4022(c) as 
     previously determined by the corporation for the covered 
     plans specified in paragraph (4), and the corporation's 
     applicable rules, practices, and policies on benefits payable 
     in terminated single-employer plans shall, except as 
     otherwise provided in this section, continue to apply with 
     respect to such covered plans.
       ``(2) Recalculation of certain benefits.--
       ``(A) In general.--In any case in which the amount of 
     monthly benefits with respect to an eligible participant or 
     beneficiary described in paragraph (1) was calculated prior 
     to the date of enactment of this section, the corporation 
     shall recalculate such amount pursuant to paragraph (1), and 
     shall adjust any subsequent payments of such monthly benefits 
     accordingly, as soon as practicable after such date.
       ``(B) Lump-sum payments of past-due benefits.--Not later 
     than 180 days after the date of enactment of this section, 
     the corporation, in consultation with the Secretary of the 
     Treasury and the Secretary of Labor, shall make a lump-sum 
     payment to each eligible participant or beneficiary whose 
     guaranteed benefits are recalculated under subparagraph (A) 
     in an amount equal to--
       ``(i) in the case of an eligible participant, the excess 
     of--

       ``(I) the total of the full vested plan benefits of the 
     participant for all months for which such guaranteed benefits 
     were paid prior to such recalculation, over
       ``(II) the sum of any applicable payments made to the 
     eligible participant; and

[[Page S2633]]

       ``(ii) in the case of an eligible beneficiary, the sum of--

       ``(I) the amount that would be determined under clause (i) 
     with respect to the participant of which the eligible 
     beneficiary is a beneficiary if such participant were still 
     in pay status; plus
       ``(II) the excess of--

       ``(aa) the total of the full vested plan benefits of the 
     eligible beneficiary for all months for which such guaranteed 
     benefits were paid prior to such recalculation, over
       ``(bb) the sum of any applicable payments made to the 
     eligible beneficiary.

     Notwithstanding the previous sentence, the corporation shall 
     increase each lump-sum payment made under this subparagraph 
     to account for foregone interest in an amount determined by 
     the corporation designed to reflect a 6 percent annual 
     interest rate on each past-due amount attributable to the 
     underpayment of guaranteed benefits for each month prior to 
     such recalculation.
       ``(C) Eligible participants and beneficiaries.--
       ``(i) In general.--For purposes of this section, an 
     eligible participant or beneficiary is a participant or 
     beneficiary who--

       ``(I) as of the date of the enactment of this section, is 
     in pay status under a covered plan or is eligible for future 
     payments under such plan;
       ``(II) has received or will receive applicable payments in 
     connection with such plan (within the meaning of clause (ii)) 
     that does not exceed the full vested plan benefits of such 
     participant or beneficiary; and
       ``(III) is not covered by the 1999 agreements between 
     General Motors and various unions providing a top-up benefit 
     to certain hourly employees who were transferred from the 
     General Motors Hourly-Rate Employees Pension Plan to the 
     Delphi Hourly-Rate Employees Pension Plan.

       ``(ii) Applicable payments.--For purposes of this 
     paragraph, applicable payments to a participant or 
     beneficiary in connection with a plan consist of the 
     following:

       ``(I) Payments under the plan equal to the normal benefit 
     guarantee of the participant or beneficiary.
       ``(II) Payments to the participant or beneficiary made 
     pursuant to section 4022(c) or otherwise received from the 
     corporation in connection with the termination of the plan.

       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Full vested plan benefit.--The term `full vested plan 
     benefit' means the amount of monthly benefits that would be 
     guaranteed under section 4022 as of the date of plan 
     termination with respect to an eligible participant or 
     beneficiary if such section were applied without regard to 
     the phase-in limit under subsection (b)(1) of such section 
     and the maximum guaranteed benefit limitation under 
     subsection (b)(3) of such section 4022 (including the 
     accrued-at-normal limitation).
       ``(B) Normal benefit guarantee.--The term `normal benefit 
     guarantee' means the amount of monthly benefits guaranteed 
     under section 4022 with respect to an eligible participant or 
     beneficiary without regard to this section.
       ``(4) Covered plans.--The covered plans specified in this 
     paragraph are the following:
       ``(A) The Delphi Hourly-Rate Employees Pension Plan.
       ``(B) The Delphi Retirement Program for Salaried Employees.
       ``(C) The PHI Non-Bargaining Retirement Plan.
       ``(D) The ASEC Manufacturing Retirement Program.
       ``(E) The PHI Bargaining Retirement Plan.
       ``(F) The Delphi Mechatronic Systems Retirement Program.
       ``(5) Treatment of pbgc determinations.--Any determination 
     made by the corporation under this section concerning a 
     recalculation of benefits or lump-sum payment of past-due 
     benefits shall be subject to administrative review by the 
     corporation. Any new determination made by the corporation 
     under this section shall be governed by the same 
     administrative review process as any other benefit 
     determination by the corporation.
       ``(b) Trust Fund for Payment of Increased Benefits.--
       ``(1) Establishment.--There is established in the Treasury 
     a trust fund to be known as the `Delphi Full Vested Plan 
     Benefit Trust Fund' (referred to in this subsection as the 
     `Fund'), consisting of such amounts as may be appropriated or 
     credited to the Fund as provided in this section.
       ``(2) Funding.--There is appropriated, out of amounts in 
     the Treasury not otherwise appropriated, such amounts as are 
     necessary for the costs of payments of the portions of 
     monthly benefits guaranteed to participants and beneficiaries 
     pursuant to subsection (a) and for necessary administrative 
     and operating expenses of the corporation relating to such 
     payments. The Fund shall be credited with amounts from time 
     to time as the Secretary of the Treasury, in coordination 
     with the Director of the corporation, determines appropriate, 
     out of amounts in the Treasury not otherwise appropriated.
       ``(3) Expenditures from fund.--Amounts in the Fund shall be 
     available for the payment of the portion of monthly benefits 
     guaranteed to a participant or beneficiary pursuant to 
     subsection (a) and for necessary administrative and operating 
     expenses of the corporation relating to such payment.
       ``(c) Regulations.--The corporation, in consultation with 
     the Secretary of the Treasury and the Secretary of Labor, may 
     issue such regulations as necessary to carry out this 
     section.''.
                                 ______
                                 
  SA 484. 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. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED 
                   VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.

       Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is 
     amended--
       (1) in subsection (a)(1), by inserting ``, packing 
     materials, shipping containers,'' after ``its packaging'' 
     each place it appears; 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 485. Mr. SCOTT of Florida (for himself and Ms. Sinema) 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 CUSTOMS WATERS OF THE UNITED STATES.

       (a) Tariff Act of 1930.--Section 401(j) of the Tariff Act 
     of 1930 (19 U.S.C. 1401(j)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' and 
     inserting ``from the baselines of the United States 
     (determined in accordance with international law)'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case''; and
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (b) Anti-Smuggling Act.--Section 401(c) of the Anti-
     Smuggling Act (19 U.S.C. 1709(c)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' and 
     inserting ``from the baselines of the United States 
     (determined in accordance with international law)'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case''; and
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the day after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 486. Mr. SCOTT of Florida 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 XV, add the following:

     SEC. 1510. BRIEFING ON COMPLIANCE WITH PROVISION RELATING TO 
                   USE OF GOVERNMENT FACILITIES WITH RESPECT TO 
                   DAY-OF-LAUNCH RANGE SERVICES.

       (a) Sense of Congress.--It is the sense of Congress that--

[[Page S2634]]

       (1) the ability to launch and place satellites into orbit 
     on demand is vital to ensure United States space superiority;
       (2) as of the date of the enactment of this Act, there are 
     fewer than 10,000 satellites in orbit, with credible 
     estimates expecting that as many as 100,000 satellites will 
     be in orbit by 2030;
       (3) the United States commercial space sector can and 
     should take a stronger role in supporting commercial launch 
     activity commensurate with market demands;
       (4) it has been established United States policy to ensure 
     that the United States Government does not compete with 
     United States commercial providers in the provision of space 
     hardware and services otherwise available from United States 
     commercial providers.
       (b) Briefing.--Not later than December 1, 2023, the 
     Secretary of Defense, in consultation with the Secretary of 
     the Air Force and the Chief of Space Operations, shall 
     provide a briefing to the Committees on Armed Services of the 
     Senate and the House of Representatives on Department of 
     Defense efforts to comply with section 50504 of title 51, 
     United States Code, with respect to commercial providers of 
     day-of-launch range services.
                                 ______
                                 
  SA 487. Mr. SCOTT of Florida 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 X, add the following:

     SEC. 1049. REQUIREMENT TO SUBMIT DIVERSITY, EQUITY, AND 
                   INCLUSION INSTRUCTION MATERIALS.

       The Department of Defense shall cease all diversity, 
     equity, and inclusion instruction until the Secretary of 
     Defense submits to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives all curricular, instructional, and guided 
     discussion materials used by any teacher or instructor for 
     the purposes of diversity, equity, and inclusion instruction 
     within the Department, including any materials used in the 
     stand-down to discuss extremism in the ranks.
                                 ______
                                 
  SA 488. Mr. SCOTT of Florida 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. __. COUNTERING UNWANTED FOREIGN INFLUENCE AT 
                   INSTITUTIONS OF HIGHER EDUCATION.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available for any fiscal year 
     for the Department of Defense may be provided to an 
     institution of higher education that hosts a Confucius 
     Institute or Russian Partnership, other than amounts provided 
     directly to students as educational assistance.
       (b) Definitions.--In this section:
       (1) Confucius institute.--The term ``Confucius Institute'' 
     means a cultural institute directly or indirectly funded by 
     the Government of the People's Republic of China or 
     partnering with a People's Republic of China institute of 
     higher education.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002).
       (3) Russian partnership.--The term ``Russian Partnership'' 
     means any partnership with a Russian institute of higher 
     education.
                                 ______
                                 
  SA 489. Mr. SCOTT of Florida 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____. PROHIBITION ON OIL AND GAS LEASING IN CERTAIN 
                   AREAS OF GULF OF MEXICO.

       Section 104 of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
       (1) in the section heading, by striking ``moratorium'' and 
     inserting ``prohibition''; and
       (2) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Effective'' and all that follows through 
     ``June 30, 2022, the'' and inserting ``The''.
                                 ______
                                 
  SA 490. Mr. SCOTT of Florida 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. JOINT SELECT COMMITTEE ON AFGHANISTAN.

       (a) Establishment.--There is established a joint select 
     committee of Congress to be known as the ``Joint Select 
     Committee on Afghanistan'' (in this section referred to as 
     the ``Joint Committee'').
       (b) Membership.--
       (1) In general.--The Joint Committee shall be composed of 
     12 members appointed pursuant to paragraph (2).
       (2) Appointment.--Members of the Joint Committee shall be 
     appointed as follows:
       (A) The majority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (B) The minority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (C) The Speaker of the House of Representatives shall 
     appoint 3 members from among Members of the House of 
     Representatives.
       (D) The minority leader of the House of Representatives 
     shall appoint 3 members from among Members of the House of 
     Representatives.
       (3) Co-chairs.--
       (A) In general.--Two of the appointed members of the Joint 
     Committee shall serve as co-chairs. The Speaker of the House 
     of Representatives and the majority leader of the Senate 
     shall jointly appoint one co-chair, and the minority leader 
     of the House of Representatives and the minority leader of 
     the Senate shall jointly appoint the second co-chair. The co-
     chairs shall be appointed not later than 14 calendar days 
     after the date of the enactment of this Act.
       (B) Staff director.--The co-chairs, acting jointly, shall 
     hire the staff director of the Joint Committee.
       (4) Date.--Members of the Joint Committee shall be 
     appointed not later than 14 calendar days after the date of 
     the enactment of this Act.
       (5) Period of appointment.--Members shall be appointed for 
     the life of the Joint Committee. Any vacancy in the Joint 
     Committee shall not affect its powers, but shall be filled 
     not later than 14 calendar days after the date on which the 
     vacancy occurs, in the same manner as the original 
     designation was made. If a member of the Joint Committee 
     ceases to be a Member of the House of Representatives or the 
     Senate, as the case may be, the member is no longer a member 
     of the Joint Committee and a vacancy shall exist.
       (c) Investigation and Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Joint Committee shall conduct 
     an investigation and submit to Congress a report on the 
     United States 2021 withdrawal from Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A summary of any intelligence reports that indicated an 
     imminent threat at the Hamid Karzai International Airport 
     preceding the deadly attack on August 26, 2021, and the risks 
     to United States and allied country civilians as well as 
     Afghan partners for various United States withdrawal 
     scenarios.
       (B) A summary of any intelligence reports that indicated 
     that withdrawing military personnel and closing United States 
     military installations in Afghanistan before evacuating 
     civilians would negatively affect the evacuation of United 
     States citizens, green card holders, and Afghan partners and 
     thus put them at risk.
       (C) A full review of planning by the National Security 
     Council, the Department of State, and the Department of 
     Defense for a noncombatant evacuation from Afghanistan, 
     including details of all scenarios used by the Department of 
     State or the Department of Defense to plan and prepare for 
     noncombatant evacuation operations.
       (D) An analysis of the relationship between the retrograde 
     and noncombatant evacuation operation plans and operations.
       (E) A description of any actions that were taken by the 
     United States Government to protect the safety of United 
     States forces and neutralize threats in any withdrawal 
     scenarios.
       (F) A full review of all withdrawal scenarios compiled by 
     the intelligence community and the Department of Defense with 
     timelines for the decisions taken, including all advice 
     provided by military leaders to President Joseph R. Biden and 
     his national security team beginning in January 2021.
       (G) An analysis of why the withdrawal timeline expedited 
     from the September 11, 2021, date set by President Biden 
     earlier this year.
       (H) An analysis of United States and allied intelligence 
     shared with the Taliban.
       (I) An analysis of any actions taken by the United States 
     Government to proactively prepare for a successful 
     withdrawal.

[[Page S2635]]

       (J) A summary of intelligence that informed statements and 
     assurances made to the American people that the Taliban would 
     not take over Afghanistan with the speed that it did in 
     August 2021.
       (K) A full and unredacted transcript of the phone call 
     between President Joe Biden and President Ashraf Ghani of 
     Afghanistan on July 23, 2021.
       (L) A summary of any documents, reports, or intelligence 
     that indicates whether any members of the intelligence 
     community, the United States Armed Forces, or NATO partners 
     supporting the mission warned that the Taliban would swiftly 
     reclaim Afghanistan.
       (M) A description of the extent to which any members of the 
     intelligence community, the United States Armed Forces, or 
     NATO partners supporting the mission advised steps to be 
     taken by the White House that were ultimately rejected.
       (N) An assessment of the decision not to order a 
     noncombatant evacuation operation until August 14, 2021.
       (O) An assessment of whose advice the President heeded in 
     maintaining the timeline and the status of forces on the 
     ground before Thursday, August 12, 2021.
       (P) A description of the initial views and advice of the 
     United States Armed Forces and the intelligence community 
     given to the National Security Council and the White House 
     before the decisions were taken regarding closure of United 
     States military installations, withdrawal of United States 
     assets, and withdrawal of United States military personnel.
       (Q) An assessment of United States assets, as well as any 
     assets left behind by allies, that could now be used by the 
     Taliban, ISIS-K, and other terrorist organizations operating 
     within the region.
       (R) An assessment of United States assets slated to be 
     delivered to Afghanistan, if any, the delivery of which was 
     paused because of the President's decision to withdraw, and 
     the status of and plans for those assets now.
       (S) An assessment of vetting procedures for Afghan 
     civilians to be evacuated with a timeline for the decision 
     making and ultimate decisions taken to ensure that no 
     terrorist suspects, persons with ties to terrorists, or 
     dangerous individuals would be admitted into third countries 
     or the United States.
       (T) An assessment of the discussions between the United 
     States Government and allies supporting our efforts in 
     Afghanistan and a timeline for decision making regarding the 
     withdrawal of United States forces, including discussion and 
     decisions about how to work together to repatriate all 
     foreign nationals desiring to return to their home countries.
       (U) A review of the policy decisions with timeline 
     regarding all Afghan nationals and other refugees evacuated 
     from Afghanistan by the United States Government and brought 
     to third countries and the United States, including a report 
     on what role the United States Armed Forces performed in 
     vetting each individual and what coordination the Departments 
     of State and Defense engaged in to safeguard members of the 
     Armed Forces from infectious diseases and terrorist threats.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (d) Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Joint Committee have been 
     appointed, the Joint Committee shall hold its first meeting.
       (2) Frequency.--The Joint Committee shall meet at the call 
     of the co-chairs.
       (3) Quorum.--A majority of the members of the Joint 
     Committee shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       (4) Voting.--No proxy voting shall be allowed on behalf of 
     the members of the Joint Committee.
       (e) Administration.--
       (1) In general.--To enable the Joint Committee to exercise 
     its powers, functions, and duties, there are authorized to be 
     disbursed by the Senate the actual and necessary expenses of 
     the Joint Committee approved by the co-chairs, subject to the 
     rules and regulations of the Senate.
       (2) Expenses.--In carrying out its functions, the Joint 
     Committee is authorized to incur expenses in the same manner 
     and under the same conditions as the Joint Economic Committee 
     is authorized by section 11 of Public Law 79-304 (15 U.S.C. 
     1024 (d)).
       (3) Hearings.--
       (A) In general.--The Joint Committee may, for the purpose 
     of carrying out this section, hold such hearings, sit and act 
     at such times and places, require attendance of witnesses and 
     production of books, papers, and documents, take such 
     testimony, receive such evidence, and administer such oaths 
     as the Joint Committee considers advisable.
       (B) Hearing procedures and responsibilities of co-chairs.--
       (i) Announcement.--The co-chairs of the Joint Committee 
     shall make a public announcement of the date, place, time, 
     and subject matter of any hearing to be conducted, not less 
     than 7 days in advance of such hearing, unless the co-chairs 
     determine that there is good cause to begin such hearing at 
     an earlier date.
       (ii) Written statement.--A witness appearing before the 
     Joint Committee shall file a written statement of proposed 
     testimony at least 2 calendar days before the appearance of 
     the witness, unless the requirement is waived by the co-
     chairs, following their determination that there is good 
     cause for failure to comply with such requirement.
       (4) Cooperation from federal agencies.--
       (A) Technical assistance.--Upon written request of the co-
     chairs, a Federal agency shall provide technical assistance 
     to the Joint Committee in order for the Joint Committee to 
     carry out its duties.
       (B) Provision of information.--The Secretary of State, the 
     Secretary of Defense, the Director of National Intelligence, 
     the heads of the elements of the intelligence community, the 
     Secretary of Homeland Security, and the National Security 
     Council shall expeditiously respond to requests for 
     information related to compiling the report under subsection 
     (c).
       (f) Staff of Joint Committee.--
       (1) In general.--The co-chairs of the Joint Committee may 
     jointly appoint and fix the compensation of staff as they 
     deem necessary, within the guidelines for employees of the 
     Senate and following all applicable rules and employment 
     requirements of the Senate.
       (2) Ethical standards.--Members on the Joint Committee who 
     serve in the House of Representatives shall be governed by 
     the ethics rules and requirements of the House. Members of 
     the Senate who serve on the Joint Committee and staff of the 
     Joint Committee shall comply with the ethics rules of the 
     Senate.
       (g) Termination.--The Joint Committee shall terminate on 
     the date that is one year after the date of the enactment of 
     this Act.
       (h) Funding.--Funding for the Joint Committee shall be 
     derived in equal portions from--
       (1) the applicable accounts of the House of 
     Representatives; and
       (2) the contingent fund of the Senate from the 
     appropriations account ``Miscellaneous Items'', subject to 
     the rules and regulations of the Senate.
                                 ______
                                 
  SA 491. Mr. SCOTT of Florida 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 VIII, add the following:

     SEC. 823. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE 
                   BUSINESS OPERATIONS WITH THE GOVERNMENT OF THE 
                   RUSSIAN FEDERATION OR THE RUSSIAN ENERGY 
                   SECTOR.

       (a) Prohibition.--Except as provided under subsections (b), 
     (c), and (d), the Secretary of Defense may not enter into a 
     contract for the procurement of goods or services with any 
     person that has business operations with--
       (1) an authority of the Government of the Russian 
     Federation; or
       (2) a fossil fuel company that operates in the Russian 
     Federation, except if the fossil fuel company transports oil 
     or gas--
       (A) through the Russian Federation for sale outside of the 
     Russian Federation; and
       (B) that was extracted from a country other than the 
     Russian Federation with respect to the energy sector of which 
     the President has not imposed sanctions as of the date on 
     which the contract is awarded.
       (b) Exceptions.--
       (1) In general.--The prohibition under subsection (a) does 
     not apply to a contract that the Secretary of Defense and the 
     Secretary of State jointly determine--
       (A) is necessary--
       (i) for purposes of providing humanitarian assistance to 
     the people of Russia; or
       (ii) for purposes of providing disaster relief and other 
     urgent life-saving measures;
       (B) is vital to the military readiness, basing, or 
     operations of the United States or the North Atlantic Treaty 
     Organization; or
       (C) is vital to the national security interests of the 
     United States.
       (2) Notification requirement.--The Secretary of Defense 
     shall notify the appropriate congressional committees of any 
     contract entered into on the basis of an exception provided 
     for under paragraph (1).
       (3) Office of foreign assets control licenses.--The 
     prohibition in subsection (a) shall not apply to a person 
     that has a valid license to operate in Russia issued by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury or is otherwise authorized to operate in Russia by 
     the Federal Government notwithstanding the imposition of 
     sanctions.
       (4) American diplomatic mission in russia.--The prohibition 
     in subsection (a) shall not apply to contracts related to the 
     operation and maintenance of the United States Government's 
     consular offices and diplomatic posts in Russia.
       (c) Applicability.--This section shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     any contract entered into on or after such effective date.
       (d) Sunset.--This section shall terminate on the date on 
     which the President submits to the appropriate congressional 
     committees a certification in writing that contains a 
     determination of the President that the Russian Federation--

[[Page S2636]]

       (1) has reached an agreement relating to the withdrawal of 
     Russian forces and cessation of military hostilities that is 
     accepted by the free and independent government of Ukraine;
       (2) poses no immediate military threat of aggression to any 
     North Atlantic Treaty Organization member; and
       (3) recognizes the right of the people of Ukraine to 
     independently and freely choose their own government.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Oversight and Reform, the Committee on 
     Armed Services, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Armed Services, and the Committee 
     on Foreign Relations of the Senate.
       (2) Business operations.--The term ``business operations'' 
     means engaging in commerce in any form, including acquiring, 
     developing, maintaining, owning, selling, possessing, 
     leasing, or operating equipment, facilities, personnel, 
     products, services, personal property, real property, or any 
     other apparatus of business or commerce.
       (3) Fossil fuel company.--The term ``fossil fuel company'' 
     means a person that--
       (A) carries out oil, gas, or coal exploration, development, 
     or production activities;
       (B) processes or refines oil, gas, or coal; or
       (C) transports, or constructs facilities for the 
     transportation of, Russian oil, gas, or coal.
       (4) Government of the russian federation.--The term 
     ``Government of the Russian Federation'' includes the 
     government of any political subdivision of Russia, and any 
     agency or instrumentality of the Government of the Russian 
     Federation. For purposes of this paragraph, the term ``agency 
     or instrumentality of the Government of the Russian 
     Federation'' 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 such section to ``a 
     foreign state'' deemed to be a reference to ``Russia''.
       (5) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) any successor, subunit, parent entity, or subsidiary 
     of, or any entity under common ownership or control with, any 
     entity described in subparagraph (A) or (B).
                                 ______
                                 
  SA 492. Mr. SCOTT of Florida 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 V, add the following:

     SEC. 560A. MILITARY HISTORY GRADUATE STUDY FELLOWSHIP.

       (a) In General.--Part III of title 10, United States Code, 
     is amended by adding at the end the following new chapter:

          ``CHAPTER 114--MILITARY HISTORY SCHOLARSHIP PROGRAM

``Sec.
``2200k. Programs; purpose.
``2200l. Scholarship program.
``2200m. Grant program.
``2200n. Use of funds.
``2200o. Regulations.
``2200p. Institution of higher education defined.

     ``Sec. 2200k. Programs; purpose

       ``(a) In General.--To encourage the recruitment and 
     retention of Department of Defense personnel who have the 
     traditional military history understanding required by the 
     Department of Defense, the Secretary of Defense may carry out 
     programs in accordance with this chapter to provide financial 
     support for education in disciplines relevant to those 
     requirements at institutions of higher education.
       ``(b) Types of Programs.--The programs authorized under 
     this chapter are as follows:
       ``(1) Scholarships for pursuit of programs of education in 
     traditional military history disciplines at institutions of 
     higher education.
       ``(2) Grants to institutions of higher education.
       ``(c) Name of Program.--The programs authorized under this 
     chapter shall be known as the `Military History Scholarship 
     Program'.

     ``Sec. 2200l. Scholarship program

       ``(a) Authority.--The Secretary of Defense may, subject to 
     subsection (f), provide financial assistance in accordance 
     with this section to a person--
       ``(1) who is pursuing an advanced degree in a traditional 
     military history discipline referred to in section 2200k of 
     this title at an institution of higher education; and
       ``(2) who enters into an agreement with the Secretary as 
     described in subsection (b).
       ``(b) Service Agreement for Scholarship Recipients.--(1) To 
     receive financial assistance under this section--
       ``(A) a member of the armed forces shall enter into an 
     agreement to serve on active duty in the member's armed force 
     for the period of obligated service determined under 
     paragraph (2);
       ``(B) an employee of the Department of Defense shall enter 
     into an agreement to continue in the employment of the 
     Department for the period of obligated service determined 
     under paragraph (2); and
       ``(C) a person not referred to in subparagraph (A) or (B) 
     shall enter into an agreement--
       ``(i) to enlist or accept a commission in one of the armed 
     forces and to serve on active duty in that armed force for 
     the period of obligated service determined under paragraph 
     (2); or
       ``(ii) to accept and continue employment in the Department 
     of Defense for the period of obligated service determined 
     under paragraph (2).
       ``(2) For the purposes of this subsection, the period of 
     obligated service for a recipient of financial assistance 
     under this section shall be the period determined by the 
     Secretary of Defense as being appropriate to obtain adequate 
     service in exchange for the financial assistance and 
     otherwise to achieve the goals set forth in section 2200k of 
     this title. In no event may the period of service required of 
     a recipient be less than the period equal to three-fourths of 
     the total period of pursuit of a degree for which the 
     Secretary agrees to provide the recipient with financial 
     assistance under this section. The period of obligated 
     service is in addition to any other period for which the 
     recipient is obligated to serve on active duty or in the 
     civil service, as the case may be.
       ``(3) An agreement entered into under this section by a 
     person pursuing an academic degree shall include terms that 
     provide the following:
       ``(A) That the period of obligated service begins on a date 
     after the award of the degree that is determined under the 
     regulations prescribed under section 2200k of this title.
       ``(B) That the person will maintain satisfactory academic 
     progress, as determined in accordance with those regulations, 
     and that failure to maintain such progress constitutes 
     grounds for termination of the financial assistance for the 
     person under this section.
       ``(C) Any other terms and conditions that the Secretary of 
     Defense determines appropriate for carrying out this section.
       ``(c) Amount of Assistance.--The amount of the financial 
     assistance provided for a person under this section shall be 
     the amount determined by the Secretary of Defense as being 
     necessary to pay all educational expenses incurred by that 
     person, including tuition, fees, cost of books, laboratory 
     expenses, and expenses of room and board. The expenses paid, 
     however, shall be limited to those educational expenses 
     normally incurred by students at the institution of higher 
     education involved.
       ``(d) Use of Assistance for Support of Internships.--The 
     financial assistance for a person under this section may also 
     be provided to support internship activities of the person at 
     the Department of Defense in periods between the academic 
     years leading to the degree for which assistance is provided 
     the person under this section.
       ``(e) Repayment for Period of Unserved Obligated Service.--
     (1) A member of an armed force who does not complete the 
     period of active duty specified in the service agreement 
     under subsection (b) shall be subject to the repayment 
     provisions of section 303a(e) or 373 of title 37.
       ``(2) A civilian employee of the Department of Defense who 
     voluntarily terminates service before the end of the period 
     of obligated service required under an agreement entered into 
     under subsection (b) shall be subject to the repayment 
     provisions of section 303a(e) or 373 of title 37 in the same 
     manner and to the same extent as if the civilian employee 
     were a member of the armed forces.
       ``(f) Allocation of Funding.--Not less than 10 percent of 
     the amount available for financial assistance under this 
     section for a fiscal year shall be available only for 
     providing financial assistance for the pursuit of degrees 
     referred to in subsection (a) at institutions of higher 
     education that have established, improved, or are 
     administering programs of education in traditional military 
     history disciplines under the grant program established in 
     section 2200l of this title, as determined by the Secretary 
     of Defense.
       ``(g) Employment of Program Participants.--The Secretary of 
     Defense--
       ``(1) may, without regard to any provision of title 5 
     governing appointments in the competitive service, appoint to 
     a military history position in the Department of Defense in 
     the excepted service an individual who has successfully 
     completed an academic program for which a scholarship under 
     this section was awarded and who, under the terms of the 
     agreement for such scholarship, at the time of such 
     appointment owes a service commitment to the Department; and
       ``(2) may, upon satisfactory completion of two years of 
     substantially continuous service by an incumbent who was 
     appointed to an excepted service position under the authority 
     of paragraph (1), convert the appointment of such individual, 
     without competition, to a career or career-conditional 
     appointment.

[[Page S2637]]

  


     ``Sec. 2200m. Grant program

       ``(a) Authority.--The Secretary of Defense may provide 
     grants of financial assistance to institutions of higher 
     education to support the establishment, improvement, or 
     administration of programs of education in military history 
     disciplines referred to in section 2200k of this title.
       ``(b) Purposes.--The proceeds of grants under this section 
     may be used by an institution of higher education for the 
     following purposes:
       ``(1) Faculty development.
       ``(2) Curriculum development.
       ``(3) Faculty research in military history.

     ``Sec. 2200n. Use of funds

       ``(a) In General.--Funds appropriated or otherwise made 
     available to carry out this chapter may be made available to 
     sponsor or support research and studies in conflict, wartime 
     leaders, military battles, wartime strategy and operations, 
     or other information the Secretary of Defense considers to be 
     of importance relative to the field of military history.
       ``(b) Limitations.--Funds appropriated or otherwise made 
     available to carry out this chapter may not be made available 
     to sponsor or support research or studies that predominantly 
     focus on the social sciences of military history.

     ``Sec. 2200o. Regulations

       ``The Secretary of Defense shall prescribe regulations for 
     the administration of this chapter.

     ``Sec. 2200p. Institution of higher education defined

       ``In this chapter, the term `institution of higher 
     education' has the meaning given the term in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001).''.
       (b) Clerical Amendment.--The tables of chapters at the 
     beginning of subtitle A of title 10, United States Code, and 
     the beginning of part III of such subtitle are amended by 
     inserting after the item relating to chapter 113 the 
     following new item:

``114. Military History Scholarship Program................2200k''.....

                                 ______
                                 
  SA 493. Mr. SCOTT of Florida (for himself and Mr. Lujan) 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 VIII, add the following:

     SEC. 809. PROHIBITION ON COMPUTERS OR PRINTERS ACQUISITIONS 
                   INVOLVING ENTITIES OWNED OR CONTROLLED BY 
                   CHINA.

       (a) In General.--The Secretary of Defense may not acquire 
     any computer or printer if the manufacturer, bidder, or 
     offeror is a covered Chinese entity.
       (b) Applicability.--This section shall apply only with 
     respect to contracts or other agreements entered into, 
     renewed, or extended after the date of the enactment of this 
     Act.
       (c) Definitions.--In this section:
       (1) Covered chinese entity.--The term ``covered Chinese 
     entity'' means an entity that the Secretary of Defense, in 
     consultation with the Director of the National Intelligence 
     or the Director of the Federal Bureau of Investigation, 
     determines to be an entity owned, controlled, directed, or 
     subcontracted by, affiliated with, or otherwise connected to, 
     the Government of the People's Republic of China.
       (2) Manufacturer.--The term ``manufacturer'' means--
       (A) the entity that transforms raw materials, miscellaneous 
     parts, or components into the end item;
       (B) any entity that subcontracts with the entity described 
     in subparagraph (A) for the entity described in such 
     subparagraph to transform raw materials, miscellaneous parts, 
     or components into the end item;
       (C) any entity that otherwise directs the entity described 
     in subparagraph (A) to transform raw materials, miscellaneous 
     parts, or components into the end item; or
       (D) any parent company, subsidiary, or affiliate of the 
     entity described in subparagraph (A).
                                 ______
                                 
  SA 494. Mr. SCOTT of Florida 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 X, add the following:

     SEC. 1025. SUITABLE REPLACEMENT SHIPS FOR NAVY SURFACE 
                   COMBATANT SHIPS.

       (a) In General.--The Secretary of the Navy may not retire, 
     prepare to retire, place in storage or on backup inventory 
     status, or sell any surface combatant ship until a suitable 
     replacement ship is delivered to the Navy.
       (b) Definitions.--In this section:
       (1) Suitable replacement ship.--The term ``suitable 
     replacement ship'' means a ship that can accomplish the same 
     primary mission of the ship to be retired, prepared to 
     retired, placed in storage or on backup inventory status, or 
     sold.
       (2) Surface combatant ship.--The term ``surface combatant 
     ship'' means a ship of any of the following classes:
       (A) CVN.
       (B) DDG.
       (C) CG.
       (D) LHA/LHD.
       (E) LPD.
       (F) LSD.
       (G) LCS.
                                 ______
                                 
  SA 495. Mr. SCOTT of Florida 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 VII, add the following:

     SEC. 715. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE ARMED 
                   FORCES DURING THE INTEGRATED DISABILITY 
                   EVALUATION SYSTEM.

       (a) Findings.--Congress finds the following:
       (1) Members of the Armed Forces are the brave men and women 
     who voluntarily put themselves in harm's way, while fighting 
     the enemies of freedom around the world so that all citizens 
     of the United States and countless citizens of other nations 
     can enjoy the blessings of liberty in peace. We owe those 
     members not only a debt of gratitude, but our willingness to 
     ensure every single member receives excellent health care and 
     just treatment in the medical separation process when they've 
     become ill or injured in the line of duty. This is critically 
     important, not only for the present state of readiness in the 
     Armed Forces, but for potential recruitment of future 
     warfighters as elucidated by President George Washington when 
     he stated, ``The willingness with which our young people are 
     likely to serve in any war, no matter how justified, shall be 
     directly proportional to how they perceive veterans of early 
     wars were treated and appreciated by our nation.''.
       (2) Wounded Warriors remain members of an Armed Force under 
     the jurisdiction of the Secretary of a military department 
     and determinations regarding their physical ability is the 
     responsibility of the chain of command of the member, rather 
     than the personnel within or under the direction of the 
     Defense Health Agency. That responsibility through the 
     jurisdiction of the military chain of command is effective 
     during the entirety of the process of the Integrated 
     Disability Evaluation System of the Department of Defense, or 
     successor system, instead of vesting for practical purposes 
     only at the end of such process.
       (3) Section 1214 of title 10, United States Code, 
     guarantees that ``[n]o member of the armed forces may be 
     retired or separated for physical disability without a full 
     and fair hearing if he demands it.''.
       (4) Section 1216(b) of such title grants the Secretary 
     concerned ``all powers, functions, and duties incident to the 
     determination'' of ``fitness for active duty of any member of 
     an armed force under his jurisdiction.''.
       (5) Sections 7013(b), 8013(b), and 9013(b) of such title 
     assigns responsibility for and grants ``the authority 
     necessary to conduct'' the administration of the ``morale and 
     welfare of personnel'' to the Secretary of the Army, the 
     Secretary of the Navy, and the Secretary of the Air Force 
     respectively.
       (b) Declaration of Policy Regarding Accountability for 
     Wounded Warriors.--It is the policy of Congress that--
       (1) determinations of fitness for duty or physical 
     capability to perform a military occupational specialty of a 
     member of the Armed Forces under the jurisdiction of the 
     Secretary of a military department are the responsibility of 
     such Secretary;
       (2) determinations of fitness for a Wounded Warrior may be 
     assessed by medical professionals outside the military 
     department of the Wounded Warrior and may be influenced by 
     precedents across other entities of the Department of 
     Defense, including the Defense Health Agency, but ultimately, 
     such determination remains a decision of the Secretary of the 
     military department concerned;
       (3) the full authority for a determination described in 
     paragraph (1) or (2) resides in the military chain of command 
     and not the chain of responsibility of the Defense Health 
     Agency; and
       (4) at no point during the medical evaluation of a Wounded 
     Warrior shall the Wounded Warrior be denied the protections, 
     privileges, or right to due process afforded under the laws, 
     regulations, or other applicable guidance of the military 
     department of the Wounded Warrior.
       (c) Clarification of Responsibilities Regarding the 
     Integrated Disability Evaluation System.--Subsection (h) of 
     section 1073c of title 10, United States Code, is amended to 
     read as follows:

[[Page S2638]]

       ``(h) Authorities Reserved to Secretaries of the Military 
     Departments.--(1) Notwithstanding the responsibilities and 
     authorities of the Director of the Defense Health Agency with 
     respect to the administration of military medical treatment 
     facilities under this section, the Secretary of each military 
     department shall maintain authority over and responsibility 
     for any member of the armed forces under the jurisdiction of 
     the military department concerned while the member is being 
     considered by a medical evaluation board or during any other 
     part of the implementation of the Integrated Disability 
     Evaluation System of the Department of Defense, or successor 
     system.
       ``(2) Responsibility of the Secretary of a military 
     department under paragraph (1) shall include the following:
       ``(A) Responsibility for administering the morale and 
     welfare of each member of the armed forces under the 
     jurisdiction of such Secretary.
       ``(B) Responsibility for determinations of fitness for 
     active duty of each such member.
       ``(C) Complete operational and administrative control of 
     each such member at every stage of the implementation of the 
     Integrated Disability Evaluation System, or successor system, 
     from the beginning of the medical evaluation board to the 
     conclusion of the physical evaluation board, including the 
     authority to pause for a reasonable amount of time or 
     completely withdraw the member from such system if the 
     military commander with jurisdiction over the member finds 
     that any policies, procedures, regulations, or other related 
     guidance has not been followed in the case of the member.''.
       (d) Opportunity for Due Process Hearing in the Military 
     Chain of Command.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     update the policies and procedures applicable to the 
     implementation of the Integrated Disability Evaluation System 
     of the Department of Defense, or successor system, to ensure 
     that appeals made by Wounded Warriors under the jurisdiction 
     of the Secretary concerned include (if the member demands it) 
     a full and fair hearing on such determination, to be 
     conducted by the Secretary concerned.
       (2) Characterization of appeal.--An appeal made under 
     paragraph (1) is separate from and in addition to any 
     appellate options available to a Wounded Warrior under the 
     Integrated Disability Evaluation System of the Department of 
     Defense, or successor system.
       (3) Timely manner.--
       (A) In general.--Upon request by Wounded Warrior, the 
     military commander with jurisdiction over the Wounded Warrior 
     shall process an appeal under paragraph (1).
       (B) Adjudication.--Not later than 90 days after the 
     initiation by a Wounded Warrior of an appeal under paragraph 
     (1) the military commander with jurisdiction over the Wounded 
     Warrior, and every echelon of command all the way up to the 
     general court-martial convening authority if the commander 
     denies the appeal, shall complete adjudication of the appeal.
       (e) Briefing.--Not later than February 1, 2024, the 
     Secretary of Defense shall provide to the appropriate 
     congressional committees a briefing on the status of the 
     implementation of this section and the amendments made by 
     this section.
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given that term in section 101 of title 10, 
     United States Code.
       (3) Wounded warrior.--The term ``Wounded Warrior'' means a 
     member of the Armed Forces being processed for potential 
     medical separation at any point in the Integrated Disability 
     Evaluation System of the Department of Defense, or successor 
     system.
                                 ______
                                 
  SA 496. Mr. CORNYN (for himself, Mr. Carper, Mr. Young, and Mr. 
Padilla) 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--CRITICAL MINERAL AND RARE EARTH ELEMENT RESOURCES

     SEC. 1801. DEFINITIONS.

       In this title:
       (1) Covered nation.--The term ``covered nation'' has the 
     meaning given that term in section 4872 of title 10, United 
     States Code.
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (3) Foreign entity of concern.--The term ``foreign entity 
     of concern'' has the meaning given that term in section 40207 
     of the Infrastructure Investment and Jobs Act (42 U.S.C. 
     18741)
       (4) Rare earth elements.--The term ``rare earth elements'' 
     means cerium, dysprosium, erbium, europium, gadolinium, 
     holmium, lanthanum, lutetium, neodymium, praseodymium, 
     promethium, samarium, scandium, terbium, thulium, ytterbium, 
     and yttrium.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) 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.

     SEC. 1802. REPORTS ON CRITICAL MINERAL AND RARE EARTH ELEMENT 
                   RESOURCES.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Secretary of the Interior, in consultation with the heads of 
     relevant Federal agencies, shall submit to Congress a report 
     on all critical mineral and rare earth element resources 
     around the world that includes--
       (1) an assessment of--
       (A) which of such resources are under the control of a 
     foreign entity of concern, including through ownership, 
     contract, or economic or political influence;
       (B) which of such resources are owned by, controlled by, or 
     subject to the jurisdiction or direction of the United States 
     or a country that is an ally or partner of the United States;
       (C) which of such resources are not owned by, controlled 
     by, or subject to the jurisdiction or direction of a foreign 
     entity of concern or a country described in subparagraph (B); 
     and
       (D) in the case of such resources not undergoing commercial 
     mining, the reasons for the lack of commercial mining;
       (2) for each mine from which significant quantities of 
     critical minerals or rare earth elements are being extracted, 
     as of the date that is one year before the date of the 
     report--
       (A) an estimate of the annual volume of output of the mine 
     as of that date;
       (B) an estimate of the total volume of mineral or elements 
     that remain in the mine as of that date;
       (C)(i) an identification of the country and entity 
     operating the mine; or
       (ii) if the mine is operated by more than one country or 
     entity, an estimate of the output of each mineral or element 
     from the mine to which each such country or entity has 
     access; and
       (D) an identification of the ultimate beneficial owners of 
     the mine and the percentage of ownership held by each such 
     owner;
       (3) for each mine not described in paragraph (2), to the 
     extent practicable--
       (A) an estimate of the aggregate annual volume of output of 
     the mines as of the date that is one year before the date of 
     the report;
       (B) an estimate of the aggregate total volume of mineral or 
     elements that remain in the mines as of that date;
       (C) an estimate of the aggregate total output of each 
     mineral or element from the mine to which a foreign entity of 
     concern has access;
       (4)(A) a list of key foreign entities of concern involved 
     in mining critical minerals and rare earth elements;
       (B) a list of key entities in the United States and 
     countries that are allies or partners of the United States 
     involved in mining critical minerals and rare earth elements; 
     and
       (C) an assessment of the technical feasibility of entities 
     listed under subparagraphs (A) and (B) mining and processing 
     resources identified under paragraph (1)(C) using existing 
     advanced technology;
       (5) an assessment, prepared in consultation with the 
     Secretary of State, of ways to collaborate with countries in 
     which mines or mineral processing operations are located that 
     are operated by other countries, or are operated by entities 
     from other countries, to ensure ongoing access by the United 
     States and countries that are allies and partners of the 
     United States to those mines and processing operations;
       (6) a list, prepared in consultation with the Secretary of 
     Commerce, identifying, to the maximum extent practicable, all 
     cases in which entities were forced to divest stock in mining 
     or processing operations for critical minerals and rare earth 
     elements based on--
       (A) regulatory rulings of the government of a covered 
     nation;
       (B) joint regulatory rulings of such a government and the 
     government of another country; or
       (C) rulings of a relevant tribunal or other entity 
     authorized to render binding decisions on divestiture;
       (7) a list of all cases in which the government of a 
     covered nation purchased an entity that was forced to divest 
     stock as described in paragraph (6); and
       (8) a list of all cases in which mining or processing 
     operations for critical minerals and rare earth elements that 
     were not subject to a ruling described in paragraph (6) were 
     taken over by--
       (A) the government of a covered nation; or
       (B) an entity located in, or influenced or controlled by, 
     such a government.
       (b) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex if necessary.

     SEC. 1803. PROCESS FOR NOTIFYING UNITED STATES GOVERNMENT OF 
                   DIVESTMENT.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of

[[Page S2639]]

     the Interior, in consultation with the Secretary of State, 
     shall establish a process under which--
       (1) a United States person seeking to divest stock in 
     mining or mineral processing operations for critical minerals 
     and rare earth elements in a foreign country may notify the 
     Secretary of the intention of the person to divest such 
     stock; and
       (2) the Secretary may provide assistance to the person to 
     find a purchaser that is not under the control of the 
     government of a covered nation.

     SEC. 1804. STRATEGY ON DEVELOPMENT OF ADVANCED MINING, 
                   REFINING, SEPARATION, AND PROCESSING 
                   TECHNOLOGIES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Interior, in 
     consultation with the heads of relevant Federal agencies, 
     shall develop--
       (1) a strategy to collaborate with the governments of 
     countries that are allies and partners of the United States 
     to develop advanced mining, refining, separation, and 
     processing technologies; and
       (2) a method for sharing the intellectual property 
     resulting from the development of such technologies with 
     those countries to enable those countries to license such 
     technologies and mine, refine, separate, and process the 
     resources of such countries.
       (b) Reports Required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary shall submit to Congress a report on the 
     progress made in developing the strategy and method described 
     in subsection (a).
                                 ______
                                 
  SA 497. Mr. RISCH (for himself and Mr. Crapo) 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 F of title III, add the following:

     SEC. 359. DEPARTMENT OF DEFENSE CONSULTATION ON CERTAIN 
                   STRATEGIC MINERAL PROJECTS.

       (a) In General.--The Secretary of Defense shall consult 
     with the Chief of the Forest Service and the Director of the 
     Bureau of Land Management on covered projects to ensure that 
     NEPA reviews conducted by cooperating agencies of each such 
     covered project are conducted in an efficient manner.
       (b) Definitions.--In this section:
       (1) Cooperating agency.--The term ``cooperating agency'' 
     means a Federal agency other than the Forest Service or the 
     Bureau of Land Management involved in a NEPA review of a 
     covered project.
       (2) Covered project.--The term ``covered project'' means a 
     project that would produce any strategic mineral where the 
     Forest Service or the Bureau of Land Management is the lead 
     agency.
       (3) NEPA review.--The term ``NEPA review'' means an 
     environmental document required under section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)).
       (4) Strategic minerals.--The term ``strategic minerals'' 
     means materials designated as strategic and critical under 
     section 3(a) of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98b(a)).
                                 ______
                                 
  SA 498. 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 VI, insert the following:

     SEC. 6__. REPORT ON EFFECT OF PHASE-OUT OF REDUCTION OF 
                   SURVIVOR BENEFIT PLAN SURVIVOR ANNUITIES BY 
                   AMOUNT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) In General.--The Secretary of Defense shall submit to 
     Congress a report on the effect of section 622 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92) and the amendments made by such section.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include the following:
       (1) An assessment on the effect that section 622 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92) and the amendments made by such section 
     had on beneficiaries and any unintended consequences that 
     were a result of such section or amendments.
       (2) An evaluation of the authority that the Secretary has 
     in a situation when the Defense Finance Accounting Service 
     cannot verify the eligibility of a spouse and payments are 
     paused for the child.
       (3) Recommendations for legislative action to ensure the 
     Secretary has the flexibility to make payments under 
     subchapter II of chapter 73 of title 10, United States Code, 
     to dependent children that are under the guardianship of 
     someone other than the surviving spouse.
       (4) An assessment of the process of the Department for 
     determining eligibility for survivor benefits under 
     subchapter II of chapter 73 of title 10, United States Code, 
     and dependency and indemnity compensation under chapter 13 of 
     title 38, United States Code, and the coordination between 
     the Defense Finance Accounting Service and the Department of 
     Veterans Affairs for such benefits.
                                 ______
                                 
  SA 499. Mr. BRAUN (for himself and Mr. Kaine) 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. ___. ELIGIBILITY OF DISTANCE EDUCATION PROGRAMS OFFERED 
                   BY FOREIGN INSTITUTIONS OF HIGHER EDUCATION.

       Section 481(b) of the Higher Education Act of 1965 (20 
     U.S.C. 1088(b)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4)(A) For the period beginning July 1, 2023, and ending 
     December 31, 2023, an otherwise eligible program that is 
     offered by a foreign institution and is offered in part 
     through distance education is eligible for the purposes of 
     this title if--
       ``(i) not more than 12.5 percent of such program consists 
     of courses offered principally through distance education;
       ``(ii) the foreign institution has been evaluated and 
     determined by an outside oversight entity, such as an 
     accrediting agency or association or government entity, to 
     have the capability to effectively deliver distance education 
     programs; and
       ``(iii) the students receiving aid under this title are 
     physically present in the country where the foreign 
     institution is located during the distance education 
     instruction.
       ``(B) In calculating the percentage of a program offered 
     through distance education for purposes of clause (i) of 
     subparagraph (A), any course that is part of such a program 
     that requires a student's regular in-person attendance for 
     more than 50 percent of the instruction, but also includes 
     one or more distance education components as part of the 
     course, shall not be considered to be offered principally 
     through distance education.''.
                                 ______
                                 
  SA 500. Mr. BRAUN (for himself and Mr. Kaine) 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. ___. ELIGIBILITY OF DISTANCE EDUCATION PROGRAMS OFFERED 
                   BY FOREIGN INSTITUTIONS OF HIGHER EDUCATION.

       Section 481(b) of the Higher Education Act of 1965 (20 
     U.S.C. 1088(b)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4)(A) For the period beginning July 1, 2023, and ending 
     January 31, 2024, an otherwise eligible program that is 
     offered by a foreign institution and is offered in part 
     through distance education is eligible for the purposes of 
     this title if--
       ``(i) not more than 12.5 percent of such program consists 
     of courses offered principally through distance education;
       ``(ii) the foreign institution has been evaluated and 
     determined by an outside oversight entity, such as an 
     accrediting agency or association or government entity, to 
     have the capability to effectively deliver distance education 
     programs; and
       ``(iii) the students receiving aid under this title are 
     physically present in the country where the foreign 
     institution is located during the distance education 
     instruction.
       ``(B) In calculating the percentage of a program offered 
     through distance education for purposes of clause (i) of 
     subparagraph (A), any course that is part of such a program 
     that requires a student's regular in-person attendance for 
     more than 50 percent of the instruction, but also includes 
     one or more distance education components as part of the 
     course, shall not be considered to be offered principally 
     through distance education.''.
                                 ______
                                 
  SA 501. Ms. ERNST (for herself, Ms. Hirono, Mr. Kaine, and Mr. Van 
Hollen) 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,

[[Page S2640]]

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--CONVENE ACT OF 2023

     SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Connecting Oceania's Nations with Vanguard Exercises and 
     National Empowerment'' or the ``CONVENE Act of 2023''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

                    DIVISION F--CONVENE ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.

   TITLE LXI--ASSISTANCE TO SPECIFIED COUNTRIES FOR ESTABLISHMENT OF 
                       NATIONAL SECURITY COUNCILS

Sec. 6101. Definitions.
Sec. 6102. Sense of Congress.
Sec. 6103. Identification of national security councils of specified 
              countries.
Sec. 6104. Feasibility study on expanding activities of the Coast Guard 
              and civic action teams in specified countries.
Sec. 6105. Pilot program.
Sec. 6106. Report.
Sec. 6107. Authorization of appropriations.

  TITLE LXII--EXPANSION OF UNITED STATES AGENCY FOR GLOBAL MEDIA AND 
                                REPORTS

Sec. 6201. Expansion of United States Agency for Global Media to 
              specified countries.
Sec. 6202. Reports and feasibility study.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committees on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) Congressional defense committees.--The term 
     ``congressional defense committees'' has the meaning given 
     such term in section 101(a) of title 10, United States Code.
       (3) Illegal, unreported, or unregulated fishing.--The term 
     ``illegal, unreported, or unregulated fishing'' has the 
     meaning given such term in section 300.201 of title 50, Code 
     of Federal Regulations (or a successor regulation).
       (4) Malign action.--The term ``malign action'' means an 
     activity--
       (A) carried out, directly or indirectly, by a malign actor; 
     and
       (B) that is determined by the Secretary of Defense, in 
     consultation with the Secretary of State, to threaten or 
     degrade the national security of the United States.
       (5) Malign actor.--The term ``malign actor'' has the 
     meaning given the term ``foreign entity of concern'' in 
     section 40207(a) of the Infrastructure Investment and Jobs 
     Act (42 U.S.C. 18741).
       (6) National security council.--The term ``national 
     security council'' means, with respect to a specified 
     country, an intergovernmental body under the jurisdiction of 
     the freely elected government of the specified country that 
     acts as the primary coordinating entity for security 
     cooperation, disaster response, and the activities described 
     section 6103(f).
       (7) Specified country.--The term ``specified country'' 
     means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands;
       (C) the Republic of Palau; and
       (D) any country that is a signatory to an agreement with 
     the United States to establish a Compact of Free Association.

   TITLE LXI--ASSISTANCE TO SPECIFIED COUNTRIES FOR ESTABLISHMENT OF 
                       NATIONAL SECURITY COUNCILS

     SEC. 6101. DEFINITIONS.

       In this title:
       (1) Academy graduate.--The term ``academy graduate'' means 
     an individual who has graduated from--
       (A) the United States Military Academy;
       (B) the United States Naval Academy;
       (C) the United States Air Force Academy;
       (D) the United States Coast Guard Academy; or
       (E) the United States Merchant Marine Academy.
       (2) Homeland defense.--The term ``homeland defense'' means 
     an activity undertaken for the military protection of the 
     territory or domestic population of a country, or the 
     infrastructure or other assets of a country that are critical 
     to national security, as determined by the elected government 
     of the country, from a threat to or aggression against the 
     country.
       (3) Veteran.--The term ``veteran'' has the meaning given 
     such term in section 101 of title 38, United States Code.

     SEC. 6102. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau have entered 
     into a Compact of Free Association with the United States 
     that recognizes the long-standing economic and military 
     relationship between such countries;
       (2) like many countries in the Pacific region, the Republic 
     of the Marshall Islands, the Federated States of Micronesia, 
     and the Republic of Palau are at risk of economic, military, 
     and other security sector coercion by the People's Republic 
     of China;
       (3) the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau have limited 
     government resources to respond to such coercion or 
     adequately cooperate with the United States for the purpose 
     of responding to such coercion;
       (4) it is in the national interest of the United States to 
     assist--
       (A) such countries in developing the capacity to so 
     cooperate with the United States so as to ensure a safe and 
     secure Pacific region; and
       (B) in the establishment of a coordinating body in each 
     such country that is capable of--
       (i) coordinating a response to natural disasters and other 
     emergencies;
       (ii) collaborating with the United States Government--

       (I) to carry out military exercises; and
       (II) to address security concerns; and

       (iii) coordinating and implementing efforts to combat 
     illegal, unreported, or unregulated fishing; and
       (5) any such coordinating body should be established at the 
     behest of, and managed directly by, the freely elected 
     government of each such country.

     SEC. 6103. IDENTIFICATION OF NATIONAL SECURITY COUNCILS OF 
                   SPECIFIED COUNTRIES.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense and other relevant agencies, 
     may consult and engage with each specified country to 
     identify, advise, and develop a security architecture, 
     including by identifying and maintaining a national security 
     council comprised of citizens of the specified country--
       (1) that enables the specified country--
       (A) to better coordinate with the United States Armed 
     Forces;
       (B) to increase cohesion on activities, including emergency 
     humanitarian response, law enforcement, and maritime security 
     activities; and
       (C) to provide trained national security professionals to 
     serve as members of the Joint Committees of the specified 
     country established under the applicable Compact of Free 
     Association; and
       (2) for the purpose of protecting the people, 
     infrastructure, and territory of the specified country from 
     malign actions.
       (b) Composition.--The Secretary of State, in consultation 
     with the Secretary of Defense, respecting the unique needs of 
     each specified country, may seek to ensure that the national 
     security council of the specified country is composed of 
     sufficient staff and members to enable the activities 
     described in subsection (f).
       (c) Access to Sensitive Information.--The Secretary of 
     State, with the concurrence of the Secretary of Defense, may 
     establish, for use by the members and staff of the national 
     security council of each specified country, standards and a 
     process for vetting and sharing sensitive and classified 
     information.
       (d) Standards for Equipment and Services.--The Secretary of 
     State, with the concurrence of the Secretary of Defense, may 
     work with the national security council of each specified 
     country to ensure that--
       (1) the equipment and services used by the national 
     security council are compliant with the most advanced 
     security standards so as to minimize the risk of cyberattacks 
     or espionage by the People's Republic of China or any other 
     actor;
       (2) the national security council does not procure or use 
     systems, equipment, or software that originates from an 
     entity affiliated with the Chinese Communist Party or the 
     People's Republic of China, including any entity identified 
     under section 1260H of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283; 134 Stat. 3965; 10 U.S.C. 113 note) or 
     any parent, subsidiary, or affiliate of any such entity; and
       (3) the equipment and services used by the national 
     security council are interoperable with the equipment and 
     services used by the national security councils of the other 
     specified countries.
       (e) Report on Implementation.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for three 
     years, the Secretary of State, in consultation with the 
     Secretary of Defense, shall submit to the appropriate 
     committees of Congress a report that includes--
       (A) a description of all actions taken by the United States 
     Government to assist in the identification or maintenance of 
     a national security council in each specified country;
       (B) with respect to each specified country, an assessment 
     as to whether--
       (i) the specified country has appropriately staffed its 
     national security council as required by subsection (b); and
       (ii) the national security council of the specified country 
     is capable of carrying out the activities described in 
     subsection (f);
       (C) an assessment of--
       (i) any challenge to cooperation and coordination with the 
     national security council of any specified country;
       (ii) current efforts by the Secretary of State to 
     coordinate with the specified countries on the activities 
     described in subsection (f); and
       (iii) existing governmental entities within each specified 
     country that are capable of supporting such activities;

[[Page S2641]]

       (D) a description of any challenge with respect to--
       (i) the implementation of the national security council of 
     any specified country; and
       (ii) compliance with any of subsections (a) through (d);
       (E) an assessment of any attempt or campaign by a malign 
     actor to influence the political, security, or economic 
     policy of a specified country, a member of a national 
     security council, or an immediate family member of such a 
     member; and
       (F) any other matter the Secretary of State and the 
     Secretary of Defense consider relevant.
       (2) Form.--Each report required by paragraph (1) may be 
     submitted in unclassified form and may include a classified 
     annex containing the information required under subparagraph 
     (E) of that paragraph and any other information the Secretary 
     of State and the Secretary of Defense consider appropriate.
       (f) Activities Described.--The activities described in this 
     subsection are the following:
       (1) Homeland security activities.--
       (A) Coordination of--
       (i) the prosecution and investigation of transnational 
     criminal enterprises;
       (ii) responses to domestic emergencies, such as natural 
     disasters;
       (iii) counterintelligence and counter-coercion responses to 
     foreign threats; and
       (iv) efforts to combat illegal, unreported, or unregulated 
     fishing.
       (B) Coordination with United States Government officials on 
     humanitarian response, military exercises, law enforcement, 
     and other issues of security concern.
       (C) Identification and development of an existing 
     governmental entity to support homeland defense and civil 
     support activities.
       (2) National intelligence activities.--Coordination of 
     intelligence collection, counterintelligence, and counter-
     coercion responses to foreign threats.
       (g) Report on Future Integration Efforts.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit to 
     the congressional defense committees a report that includes 
     an assessment of the following:
       (A) Best practices for establishing a mechanism for 
     cooperation, including a line of active communication, among 
     the national security councils of the specified countries.
       (B) The amount of funds that allies of the United States 
     and the specified countries may be capable of contributing to 
     the maintenance of the national security councils.
       (C) Additional potential government partnerships among the 
     national security councils and agencies of the United States 
     Government that would be in the national interest of the 
     United States.
       (D) The feasibility of providing equipment from Department 
     of Defense surplus stocks to the national security councils 
     in a manner that appropriately protects sensitive information 
     and the national security interests of the United States.
       (2) Form.--The report required by paragraph (1) may be 
     submitted in unclassified form and may include a classified 
     annex.

     SEC. 6104. FEASIBILITY STUDY ON EXPANDING ACTIVITIES OF THE 
                   COAST GUARD AND CIVIC ACTION TEAMS IN SPECIFIED 
                   COUNTRIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of Homeland Security, shall--
       (1) complete a study on the feasibility and advisability 
     of--
       (A) supporting additional port visits and deployments in 
     support of Operation Blue Pacific or any successor operation 
     oriented toward Oceania; and
       (B) expanding or re-establishing civic action team camps, 
     or establishing dedicated staging, training, and education 
     sites, in the specified countries; and
       (2) submit to the congressional defense committees a report 
     on the findings of the study required by paragraph (1).

     SEC. 6105. PILOT PROGRAM.

       (a) In General.--During the period of fiscal years 2024 
     through 2026, the Secretary of State, in consultation with 
     the Secretary of Defense, may conduct one or more pilot 
     programs in each specified country for the purpose of 
     evaluating the effectiveness of supporting the employment, 
     within the government of the specified country, of veterans 
     and academy graduates who are citizens of the specified 
     country--
       (1) to carry out one or more activities described in 
     section 6103(f); or
       (2) to support the operations or maintenance of the 
     national security councils of the specified country.
       (b) Identification.--The Secretary of State, in 
     consultation with the Secretary of Defense, may negotiate 
     with the government of each specified country to identify 
     existing or new positions to support the employment of 
     veterans and academy graduates in the roles described in 
     paragraphs (1) and (2) of subsection (a).
       (c) Use of Funds.--The Secretary of State, in consultation 
     with the Secretary of Defense, may use funds authorized to be 
     appropriated under section 6107--
       (1) to support the education and training of veterans and 
     academy graduates to qualify for a position identified under 
     subsection (b), only if the cost of such education or 
     training does not exceed $10,000 per participant;
       (2) to provide a stipend for participants; and
       (3) for other purposes, as determined by the Secretary of 
     State.
       (d) Limitation.--
       (1) In general.--An individual who is not a veteran or an 
     academy graduate may not participate in a pilot program under 
     this section.
       (2) Waiver.--The Secretary of Defense or the Secretary of 
     State may waive the application of paragraph (1) in the case 
     of a graduate of the Senior Reserve Officers' Training Corps 
     program described in section 2102 of title 10, United States 
     Code.
       (e) Report.--Not later than 180 days after the date on 
     which the pilot programs under this section terminate, the 
     Secretary of State shall submit to the appropriate committees 
     of Congress a report that sets forth--
       (1) the amounts expended for each such pilot program;
       (2) the number of participants trained and employed through 
     each such pilot program;
       (3) the number of waivers granted under subsection (d)(2);
       (4) an assessment of any challenges in implementing such 
     pilot programs and a description of such challenges; and
       (5) for each specified country--
       (A) an identification of the agencies within the government 
     of the specified country in which participants were employed 
     through such a pilot program; and
       (B) an assessment of the impact of supporting the 
     identified positions within the government of the specified 
     country, and an analysis of any resulting reduced expenses by 
     the United States Government or any benefit accrued in the 
     interest of the United States Government by supporting such 
     positions.
       (f) Feasibility Study.--Not later than one year after the 
     date on which the pilot programs under this section 
     terminate, the Secretary of State shall--
       (1) complete a study on the feasibility and advisability of 
     converting any such pilot program into a permanent program; 
     and
       (2) submit to the congressional defense committees a report 
     on the findings of the study under paragraph (1).

     SEC. 6106. REPORT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Secretary of State shall submit to the appropriate 
     committees of Congress a report that--
       (1) with respect to each specified country, includes an 
     itemized list of expenditures made pursuant to the 
     authorization under section 6107, including specific total 
     amounts spent on equipment, facilities, payroll, and other 
     costs; and
       (2) assesses whether--
       (A) the amount authorized under that section was sufficient 
     to cover the needs of the national security councils in the 
     specified countries; and
       (B) the funds authorized under that section were used for 
     activities described in section 6103(f) and whether any such 
     funds were used for purposes other than such activities.
       (b) Form.--Each report required by subsection (a) may be 
     submitted in unclassified form and may include a classified 
     annex.

     SEC. 6107. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated, for fiscal year 
     2024, for the Department of State and the Department of 
     Defense, $10,000,000 for the identification, maintenance, and 
     support of the national security councils of the specified 
     countries and the development of reporting requirements and 
     security investigations, for supporting operations and 
     activities of the national security councils, including 
     exercises within the specified countries, and for other 
     purposes as determined by the Secretary of State and the 
     Secretary of Defense, of which--
       (1) not less than $1,000,000 shall be made available as a 
     grant to each of the specified countries for the 
     establishment and maintenance of a national security council, 
     including equipment, facilities, and staff payroll; and
       (2) not less than $3,000,000 shall be made available to 
     support the pilot programs described in section 6105.

  TITLE LXII--EXPANSION OF UNITED STATES AGENCY FOR GLOBAL MEDIA AND 
                                REPORTS

     SEC. 6201. EXPANSION OF UNITED STATES AGENCY FOR GLOBAL MEDIA 
                   TO SPECIFIED COUNTRIES.

       (a) In General.--The Chief Executive Officer of the United 
     States Agency for Global Media and the head of any other 
     relevant Federal department or agency, in collaboration with 
     appropriate nongovernmental entities, shall support 
     independent journalism and combat surveillance in the 
     specified countries by--
       (1) making grants to expand Radio Free Asia to prioritize 
     local coverage in the specified countries and relevant 
     regional coverage in the Asia-Pacific region;
       (2) expanding existing training and partnership programs in 
     the specified countries that promote journalistic standards, 
     investigative reporting, cybersecurity, and digital analytics 
     to help expose and counter foreign information operations; 
     and
       (3) ensuring that networks and grantees of the United 
     States Agency for Global Media in the specified countries 
     continue carrying out their mission of providing credible and 
     timely news coverage, including news coverage of the 
     activities of the People's Republic of China and other 
     regimes in the region of the specified countries.

[[Page S2642]]

       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Chief Executive Officer of the United States 
     Agency for Global Media shall submit to the appropriate 
     committees of Congress a report that outlines--
       (A) the progress in establishing a network of independent 
     journalists in each specified country;
       (B) the amount of news coverage on malign actions taking 
     place in the specified countries;
       (C) recommendations for additional efforts to provide news 
     and information, and content, in local languages for 
     marginalized indigenous groups in the specified countries; 
     and
       (D) recommendations for additional programming in such 
     countries.
       (2) Form.--Each report required by paragraph (1) may be 
     submitted in unclassified form but may include a classified 
     annex.
       (c) Support for Local Media.--The Secretary of State, 
     acting through the Assistant Secretary of State for 
     Democracy, Human Rights, and Labor, and in coordination with 
     the Administrator of the United States Agency for 
     International Development, shall support and train 
     journalists on the investigative techniques necessary to 
     ensure public accountability with respect to--
       (1) the Belt and Road Initiative;
       (2) the People's Republic of China's illegal, unreported, 
     or unregulated fishing activities; and
       (3) other malign activities, including influence operations 
     abroad directly or indirectly supported by the Chinese 
     Communist Party or the Government of the People's Republic of 
     China.
       (d) Expansion of Radio Free Asia.--Section 309(a)(1) of the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6208(a)(1)) is amended by inserting ``and elsewhere'' 
     before the period at the end.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated, for fiscal year 2024, for the United 
     States Agency for Global Media, $7,000,000 for new programs 
     in the specified countries and relevant regional coverage in 
     the Asia-Pacific region to support local media, build 
     independent media, and combat the information operations by 
     the People's Republic of China and other malign actors, and 
     for the monitoring and evaluation of such programs, of 
     which--
       (1) not less than $5,000,000 shall be made available as a 
     grant for Radio Free Asia language services; and
       (2) not less than $2,000,000 shall be made available as 
     grants for Radio Free Asia digital media services to counter 
     propaganda directed at Chinese populations in the specified 
     countries and the Asia-Pacific region through ``Global 
     Mandarin'' programming.

     SEC. 6202. REPORTS AND FEASIBILITY STUDY.

       (a) Report on Department of State Limitations.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate committees of Congress a report 
     that includes--
       (A) a strategy on the establishment and development of 
     defense attache or defense representative positions for 
     individuals who are specifically trained and tasked to 
     support the unique homeland defense responsibilities of the 
     specified countries and the proposed national security 
     councils;
       (B) the estimated cost of providing, within the United 
     States embassy in each specified country, office space 
     capable of allowing the secure systems and equipment and 
     other accommodations and support necessary for the placement 
     of a defense attache in each such embassy; and
       (C) an assessment of--
       (i) the benefit to the United States of placing a defense 
     attache or defense representative in each such embassy; and
       (ii) any other factor that may limit the accommodation of a 
     defense attache or defense representative and related support 
     staff in each such embassy.
       (2) Form.--The report required by paragraph (1) may be 
     submitted in unclassified form and may include a classified 
     annex.
       (b) Report on Defense Attache Limitations.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of Defense, in consultation with the Director of 
     National Intelligence, shall submit to the appropriate 
     committees of Congress a report that includes--
       (A) the estimated cost of accrediting to each specified 
     country a defense attache or defense representative who is 
     not dual-accredited or holding a nonresident accreditation; 
     and
       (B) an assessment of--
       (i) the benefit to the United States of placing a defense 
     attache or defense representative in the United States 
     embassy of each specified country; and
       (ii) any other factor that may limit the placement of a 
     defense attache or defense representative and related support 
     staff in each such embassy.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in a classified form but may include an 
     unclassified summary.
       (c) Feasibility Study.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Secretary of State and the Director of National 
     Intelligence, shall complete a study on the feasibility and 
     advisability of--
       (A) creating a secure space within the United States 
     embassy in each specified country that is capable of hosting 
     a defense attache or defense representative and related 
     support staff; and
       (B) accrediting to each specified country a defense attache 
     or defense representative who is not dual-accredited or 
     holding a nonresident accreditation.
       (2) Report.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report on 
     the findings of the study under paragraph (1).
       (B) Form.--The report required by subparagraph (A) shall be 
     submitted in classified form but may include an unclassified 
     summary.
       (d) Report on United States Indo-Pacific Command Division 
     of Specified Countries.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     includes--
       (A) an assessment of the benefits of ensuring that the 
     specified countries are covered within the same internal 
     organizational divisions of the United States Indo-Pacific 
     Command, including task forces;
       (B) an identification of any internal division within the 
     United States Indo-Pacific Command that separates or divides 
     the specified countries, including task forces; and
       (C) a justification for any internal division identified 
     under subparagraph (B), and a cost-benefit analysis of 
     maintaining such division.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in classified form but may include an unclassified 
     summary.
                                 ______
                                 
  SA 502. Ms. ERNST 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__. TRANSFER OF UNUSED BORDER FENCE MATERIAL TO 
                   SOUTHWEST BORDER STATES.

       (a) Short Titles.--This section may be cited as the 
     ``Border's Unused Idle and Lying Dormant Inventory Transfer 
     Act'' or the ``BUILD IT Act''.
       (b) In General.--Notwithstanding any other provision of 
     law, not later than 90 days after the date of the enactment 
     of this Act, the Federal Government shall deliver to the 
     governments of Arizona, of California, of New Mexico, and of 
     Texas, upon request, any materials associated with the 
     construction of the physical barrier along international 
     border between the United States and Mexico that--
       (1) are in the possession of the Department of Homeland 
     Security, the Department of Defense, or any other Federal 
     agency; or
       (2) have been purchased by the Federal Government, but 
     remain in the possession of any contractor or vendor.
       (c) Prohibition of Fees and Delivery Charges.--The Federal 
     Government may not charge any fee or other delivery charge to 
     any of the States referred to in subsection (b) for the 
     delivery of the materials described in such subsection.
       (d) Use of Materials.--Any State receiving materials from 
     the Federal Government pursuant to subsection (b) shall use 
     such materials for the purpose of constructing, repairing, or 
     reinforcing a physical barrier along the international border 
     between such State and Mexico.
       (e) Termination of Existing Contracts.--The Federal 
     Government shall terminate, at the convenience of the Federal 
     Government, any contract relating to the maintenance and 
     security of the materials intended for the construction 
     referred to in subsection (b) that--
       (1) is in effect on the date of the enactment of this Act; 
     and
       (2) must be terminated in order to comply with subsection 
     (b).
                                 ______
                                 
  SA 503. Ms. ERNST 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 title VI, add the following:

  Subtitle D--Modification of Travel Authorities for Abortion-Related 
                                Expenses

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``Modification to 
     Department of Defense Travel Authorities for Abortion-Related 
     Expenses Act of 2023''.

[[Page S2643]]

  


     SEC. 642. TERMINATION OF DEPARTMENT OF DEFENSE MEMORANDUM 
                   RELATING TO ACCESS TO ABORTIONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) consistent with section 1093 of title 10, United States 
     Code, the Department of Defense may not use any funds for 
     abortions except in a case in which the life of the mother 
     would be endangered if the fetus were carried to term or in 
     which the pregnancy is the result of an act of rape or 
     incest;
       (2) the Secretary of Defense has no legal authority to 
     implement any policies under which funds are to be used for 
     that purpose; and
       (3) the Department of Defense memorandum entitled 
     ``Ensuring Access to Reproductive Health Care'', dated 
     October 20, 2022, is therefore in direct conflict with 
     section 1093 of title 10, United States Code, and the intent 
     of Congress, and must be rescinded.
       (b) Termination of Memorandum.--
       (1) In general.--The Department of Defense memorandum 
     entitled ``Ensuring Access to Reproductive Health Care'', 
     dated October 20, 2022, shall have no force or effect.
       (2) Prohibition on availability of funds to carry out 
     memorandum.--None of the funds authorized to be appropriated 
     or otherwise made available to the Department of Defense may 
     be obligated or expended to carry out the memorandum 
     described in paragraph (1) or any successor to such 
     memorandum.

     SEC. 643. PROHIBITION ON PROVISION OF TRAVEL AND 
                   TRANSPORTATION ALLOWANCES TO OBTAIN ABORTIONS.

       (a) In General.--Section 452 of title 37, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(j) Prohibition on Allowances To Obtain Abortions.--The 
     Secretary of Defense may not provide transportation-, 
     lodging-, meals-in-kind, or any actual or necessary expenses 
     of travel or transportation, for, or in connection with, 
     official travel under circumstances as specified in 
     regulations prescribed under section 464 of this title for a 
     member of the Armed Forces or a dependent of such a member 
     seeking an abortion or any abortion-related service, except 
     in a case in which the life of the mother would be endangered 
     if the fetus were carried to term or the pregnancy is the 
     result of an act of rape or incest.''.
       (b) Prohibition on Considering Limited Access to Abortions 
     as Unusual, Extraordinary, Hardship, or Emergency 
     Circumstances.--Section 453(d) of title 37, United States 
     Code, is amended--
       (1) by inserting ``(1)'' before ``An authorized traveler''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(2) The access of a member of the Armed Forces or a 
     dependent of such a member to an abortion or abortion-related 
     services being limited because of the duty location of the 
     member does not constitute an unusual, extraordinary, 
     hardship, or emergency circumstance for the purposes of 
     section 452 of title 37, United States Code, except in a case 
     in which the life of the mother would be endangered if the 
     fetus were carried to term or the pregnancy is the result of 
     an act of rape or incest.''.

     SEC. 644. PROHIBITION ON USE OF MEDICAL CONVALESCENT LEAVE OR 
                   ADMINISTRATIVE ABSENCES FOR TRAVEL TO OBTAIN 
                   ABORTIONS.

       (a) In General.--Chapter 40 of title 10, United States 
     Code, is amended by inserting after section 701 the following 
     new section:

     ``Sec. 701a. Prohibition on use of medical convalescent leave 
       or administrative absences for travel to obtain abortions

       ``A member of the Armed Forces may not take convalescent 
     leave under section 701(m) or use an administrative absence 
     for travel for the purposes of obtaining an abortion or 
     abortion-related service, except in a case in which the life 
     of the mother would be endangered if the fetus were carried 
     to term or the pregnancy is the result of an act of rape or 
     incest.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 40 of such title is amended by inserting 
     after the item relating to section 701 the following new 
     item:

``701a. Prohibition on use of medical convalescent leave or 
              administrative absences for travel to obtain 
              abortions.''.

     SEC. 645. RULE OF CONSTRUCTION.

       (a) In General.--Nothing in this subtitle or an amendment 
     made by this subtitle may be construed to affect the 
     treatment of any infection, injury, disease, or disorder that 
     has been caused by or exacerbated by the performance of an 
     abortion.
       (b) Applicability.--Subsection (a) applies without regard 
     to whether--
       (1) the abortion was performed in accordance with Federal 
     or State law; or
       (2) funding for the abortion is permissible under section 
     1093 of title 10, United States Code.
                                 ______
                                 
  SA 504. Ms. ERNST 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. ELIMINATING SELF-CERTIFICATION FOR WOMEN-OWNED 
                   SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern owned and controlled by women.--
     The term ``small business concern owned and controlled by 
     women'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification in Prime Contracting and 
     Subcontracting for WOSBs.--
       (1) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by women in procurement contracts for Federal 
     agencies, as established in section 15(g)(2) of the Small 
     Business Act (15 U.S.C. 644(g)(2)), shall be entered into 
     with small business concerns certified by the Administrator 
     to meet the requirements under section 3(n) of such Act (15 
     U.S.C. 632(n)) to be a small business concern owned and 
     controlled by women.
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1 of the fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     subsection (d).
       (c) Phased Approach to Eliminating Self-Certification for 
     WOSBs.--Notwithstanding any other provision of law, any small 
     business concern that self-certified as a small business 
     concern owned and controlled by women may--
       (1) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of enactment of this Act, 
     maintain such self-certification until the Administrator 
     makes a determination with respect to such certification; and
       (2) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of enactment of this Act, lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by women.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
       (e) Agency Testimony Before Congress.--Section 15(g)(2) of 
     the Small Business Act (15 U.S.C. 644(g)(2)) is amended by 
     adding at the end the following:
       ``(G) Remediation.--Any Federal agency failing to meet the 
     goal for participation by small business concerns owned and 
     controlled by women established under paragraph (1)(B) in a 
     fiscal year shall--
       ``(i) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives the report required 
     under subsection (h)(1); and
       ``(ii) testify before the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the details of 
     the report submitted under clause (i), in particular the 
     justifications and remediation plan described in 
     subparagraphs (C) and (D) of subsection (h)(1).''.
       (f) Interagency Report.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Agriculture, the Secretary of the Treasury, and the head of 
     any other Federal agency that the Administrator determines 
     appropriate, shall submit to Congress an interagency report 
     that--
       (1) identifies the leading economic barriers for small 
     business concerns owned and controlled by women, particularly 
     for industries underrepresented by small business concerns 
     owned and controlled by women;
       (2) includes a detailed description of the impact of 
     inflation and supply chain disruptions on small business 
     concerns owned and controlled by women during the 3-year 
     period preceding the report;
       (3) makes recommendations to improve access to capital for 
     small business concerns owned and controlled by women; and
       (4) in consultation with the Office of Federal Procurement 
     Policy, makes recommendations for increasing the number of 
     Federal contract opportunities for small business concerns 
     owned and controlled by women.
                                 ______
                                 
  SA 505. Ms. ERNST 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 subtitle G of title X of 
     division A, insert the following:

[[Page S2644]]

  


     SEC. ___. SMALL BUSINESS INDUSTRIAL BASE FEDERAL CONTRACTING 
                   MATTERS.

       (a) Prioritizing Engaging More Small Businesses in Federal 
     Procurement.--
       (1) In general.--Section 15 of the Small Business Act (15 
     U.S.C. 644) is amended--
       (A) in subsection (g)(1)--
       (i) in subparagraph (A)(i), by striking the second 
     sentence; and
       (ii) by adding at the end the following:
       ``(C) Requirement.--In meeting each of the goals under 
     subparagraph (A), the Government shall ensure the 
     participation of a broad spectrum of small business concerns 
     from a wide variety of industries.'';
       (B) in subsection (h)(1)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) the information described in clauses (ii) through 
     (iv) of subsection (y)(2)(B).''; and
       (C) in subsection (y)--
       (i) in paragraph (2)--

       (I) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (II) by inserting before clause (i), as so redesignated, 
     the following:

       ``(A) Goals.--'';

       (III) in clause (i), as so redesignated, by inserting 
     ``Prime contract goals.--'' before ``A determination'';
       (IV) in clause (ii), as so redesignated, by inserting 
     ``Subcontract goals.--'' before ``A determination'';
       (V) by striking subparagraphs (C) and (D) and inserting the 
     following:

       ``(B) Composition of the small business industrial base.--
       ``(i) Total number of small business concerns.--The number 
     of small business concerns, small business concerns owned and 
     controlled by service-disabled veterans, qualified HUBZone 
     small business concerns, small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals, and small business concerns owned and controlled 
     by women--

       ``(I) awarded prime contracts during the fiscal year 
     compared to the prior fiscal year, including a breakdown by 
     North American Industry Classification System code, if 
     available; and
       ``(II) awarded subcontracts during the fiscal year compared 
     to the prior fiscal year, including a breakdown by North 
     American Industry Classification System code, if available.

       ``(ii) Maturity of small business concerns.--A breakdown of 
     the number of new small business entrants, recent small 
     business entrants, and established small business concerns 
     awarded prime contracts or subcontracts during the fiscal 
     year, including a breakdown of such entities that are small 
     business concerns owned and controlled by service-disabled 
     veterans, qualified HUBZone small business concerns, small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals, and small business 
     concerns owned and controlled by women.
       ``(iii) Dollar distribution among small business 
     concerns.--The total dollar value of prime contract awards 
     for the top 20 small business concerns that received the most 
     Federal procurement funding in the fiscal year, compared to 
     the combined total dollar value for the remaining small 
     business concerns, and a comparison of that data with the 
     prior fiscal year.
       ``(iv) Small business participation by industry.--The total 
     dollar value of prime contract awards made to small business 
     concerns in all industry sectors and sorted by highest dollar 
     amount per major industry sector to the least, including--

       ``(I) the number of individual small business contractors 
     awarded contracts in each industry sector; and
       ``(II) the top 10 industries in which small business 
     concerns, small business concerns owned and controlled by 
     service-disabled veterans, qualified HUBZone small business 
     concerns, small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, and 
     small business concerns owned and controlled by women 
     participate, compared to the 10 industries in which those 
     concerns have the least participation.''; and
       (VI) in subparagraph (E), by striking ``(E)'' and inserting 
     ``(C) Other factors.--''; and

       (ii) in paragraph (3), by striking subparagraphs (A) and 
     (B) and inserting the following:
       ``(A) not more than 40 percent of the score on the dollar 
     value of prime contracts described in paragraph (2)(A), as 
     determined by the Administrator;
       ``(B) not less than 30 percent of the score on the 
     information provided in paragraph (2)(B), as determined by 
     the Administrator; and
       ``(C) the appropriate percent of the score on the 
     information provided in paragraph (2)(C), as determined by 
     the Administrator.''.
       (2) Regulations.--Not later than 90 days after the date of 
     enactment of this section, the Administrator of the Small 
     Business Administration shall issue regulations to define the 
     terms ``new small business entrant'', ``recent small business 
     entrant'', and ``established small business concern'' for 
     purposes of subparagraph (B)(ii) of section 15(y)(2) of the 
     Small Business Act (15 U.S.C. 644(y)(2)), as added by 
     paragraph (1).
       (b) Limitation on Federal Agency Credit for Meeting 
     Contracting Goals.--Section 15(g) of the Small Business Act 
     (15 U.S.C. 644(g)) is amended by adding at the end the 
     following:
       ``(4) Limitation on credit for meeting contracting goals.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered category of small business concern' 
     means--

       ``(I) a small business concern owned and controlled by 
     service-disabled veterans;
       ``(II) a qualified HUBZone small business concern;
       ``(III) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals; or
       ``(IV) a small business concern owned and controlled by 
     women; and

       ``(ii) the term `credit' means the value of a prime 
     contract.
       ``(B) General rule.--A Federal agency may allocate credit 
     for a single prime contract awarded to a small business 
     concern not more than 2 times for purposes of demonstrating 
     compliance with the goals of the Federal agency established 
     under paragraph (2)(A).
       ``(C) Allocation of credit.--
       ``(i) First allocation.--The first allocation of credit 
     described in subparagraph (B) shall be applied towards the 
     goal of the Federal agency established under paragraph (2)(A) 
     for participation by small business concerns.
       ``(ii) Second allocation.--A second allocation of credit 
     described in subparagraph (B) shall be applied as follows:

       ``(I) If the prime contract was awarded as a sole-source 
     contract or through competition restricted to a covered 
     category of small business concern, the credit shall be 
     applied towards the goal of the Federal agency established 
     under paragraph (2)(A) for participation by the applicable 
     covered category of small business concern.
       ``(II) If the prime contract was not awarded as a sole-
     source contract or through competition restricted to a 
     covered category of small business concern, the credit may 
     only be applied towards a single goal of the Federal agency 
     established under paragraph (2)(A), determined at the 
     election of the contracting officer, for participation by a 
     covered category of small business concern that is applicable 
     to the recipient of the prime contract, without regard to 
     whether the recipient of the prime contract qualifies as more 
     than 1 covered category of small business concern.''.

       (c) Testimony on Small Business Engagement Before 
     Congress.--Section 15(g)(2) of the Small Business Act (15 
     U.S.C. 644(g)(2)) is amended by adding at the end the 
     following:
       ``(G) Remediation.--Any Federal agency failing to receive a 
     score equivalent to a letter grade of `A' or above in a 
     letter graded rating system, as established under subsection 
     (y), in a fiscal year shall--
       ``(i) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives the report required 
     under subsection (h)(1); and
       ``(ii) testify before the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the reasons for 
     failing to meet a letter grade of `A' or above, and the 
     details of the report submitted under clause (i), in 
     particular the justifications and remediation plan described 
     in subparagraphs (C) and (D) of subsection (h)(1).''.
       (d) Evaluation of Offers for Contracts Including 
     Subcontracting Plans.--Section 8(d)(4)(G) of the Small 
     Business Act (15 U.S.C. 637(d)(4)(G)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``bundled contract where the head of the agency determines 
     that the contract offers a significant opportunity for 
     subcontracting'' and inserting ``contract that includes a 
     subcontracting plan required under this paragraph or 
     paragraph (5)''; and
       (2) in clause (i), by striking ``the rate provided under 
     the subcontracting plan for small business participation'' 
     and inserting ``a description of the extent to which the 
     offeror proposes to use small business concerns as 
     subcontractors at any tier''.
       (e) Accessibility and Clarity in Contracts to Engage Small 
     Suppliers and Small Businesses.--
       (1) Definitions.--In this section--
       (A) the term ``covered notice'' means a notice pertaining 
     to small business concerns, such as a sources sought notice 
     or solicitation restricted to competition among small 
     business concerns or covered small business concerns, 
     published by a Federal agency on SAM.gov or any successor 
     website marketing Federal contract opportunities;
       (B) the term ``covered small business concern'' means--
       (i) a small business concern owned and controlled by women, 
     a small business concern owned and controlled by veterans, a 
     small business concern owned and controlled by service-
     disabled veterans, or a qualified HUBZone small business 
     concern, as those terms are defined in section 3 of the Small 
     Business Act (15 U.S.C. 632); and
       (ii) a socially and economically disadvantaged small 
     business concern, as defined in section 8(a)(4)(A) of the 
     Small Business Act (15 U.S.C. 637(a)(4)(A)); and
       (C) the terms ``Federal agency'' and ``small business 
     concern'' have the meanings given those terms in section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (2) Inclusion of key words in notices for small business 
     contract actions.--Each covered notice shall, to the maximum 
     extent

[[Page S2645]]

     practicable, include key words and contract requirements in 
     the title or description of the covered notice such that 
     small business concerns seeking contract opportunities using 
     the search function of SAM.gov or any successor website can 
     easily identify and understand those opportunities.
       (3) Plain language.--
       (A) In general.--Each covered notice shall be written in a 
     manner that is clear, concise, and accessible to the reader 
     such that a small business concern can easily understand the 
     intent of the Federal agency.
       (B) Exception.--If the covered notice cannot meet the 
     requirement under subparagraph (A) due to requirements 
     applicable to the covered notice from regulation or law, the 
     Federal agency shall include with the covered notice a cover 
     page adequately summarizing the contents of the covered 
     notice, written in a clear, concise, and accessible manner, 
     such that a small business concern can easily understand the 
     intent of the Federal agency.
       (4) Attachments.--A Federal agency may not meet the 
     requirement in paragraph (2) by only including key words and 
     contract requirements in a document that is attached to the 
     covered notice.
       (5) Rulemaking.--Not later than 90 days after the date of 
     enactment of this section, the Administrator of the Small 
     Business Administration shall promulgate regulations to carry 
     out this section.
       (f) Rule of Two Analysis Applies Before Using a Multiple 
     Award Contract.--Section 15(r) of the Small Business Act (15 
     U.S.C. 644(r)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (2) by striking the matter before subparagraph (A), as so 
     redesignated, and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     Federal agencies shall--''; and
       (3) by adding at the end the following:
       ``(2) Exceptions.--The requirements in paragraph (1) shall 
     not apply--
       ``(A) in the case of contracts, including orders, awarded 
     under subpart 8.4 of the Federal Acquisition Regulation (or 
     any successor regulation); or
       ``(B) if the contracting officer is unable to obtain offers 
     from 2 or more small business concerns that are--
       ``(i) competitive with market prices; and
       ``(ii) competitive with regard to the quality and delivery 
     of the goods or services being purchased.''.
       (g) Aligning OSDBU and PCR Collaboration Regarding Bundled 
     or Consolidated Contracts.--Section 15 of the Small Business 
     Act (15 U.S.C. 644) is amended--
       (1) in subsection (k)--
       (A) in paragraph (5)--
       (i) by inserting ``or consolidation'' after ``bundling'';
       (ii) by inserting ``procurement center representative,'' 
     after ``work with the'';
       (iii) by inserting a comma after ``acquisition officials''; 
     and
       (iv) by inserting ``or consolidated'' after ``bundled'';
       (B) in paragraph (8), in the matter preceding subparagraph 
     (A), by inserting ``, as required under subsection (l)(4)'' 
     after ``procurement center representative,''; and
       (C) in paragraph (17)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) inform the procurement center representative at such 
     agency of the notice if the notice pertains to contract 
     bundling or consolidation and work with the procurement 
     center representative and appropriate agency personnel to 
     increase the opportunity for competition; and''; and
       (2) in subsection (l)(2)--
       (A) by redesignating subparagraphs (H), (I), (J), and (K) 
     as subparagraphs (I), (J), (K), and (L), respectively; and
       (B) by inserting after subparagraph (G) the following:
       ``(H) consult with the Director of the Office of Small and 
     Disadvantaged Business Utilization of that agency and 
     appropriate agency personnel with regard to--
       ``(i) proposed solicitations involving significant bundling 
     or consolidation of contract requirements as described in 
     subsection (k)(5); and
       ``(ii) notices by small business concerns of undue 
     restrictions on the ability of the small business concern to 
     compete for the award due to significant bundling or 
     consolidation of contract requirements, as described in 
     subsection (k)(17);''.
                                 ______
                                 
  SA 506. Ms. ERNST 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. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED 
                   VETERAN-OWNED SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern; small business concerns owned 
     and controlled by service-disabled veterans.--The terms 
     ``small business concern'' and ``small business concerns 
     owned and controlled by service-disabled veterans'' have the 
     meanings given those terms in section 3 of the Small Business 
     Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification in Prime Contracting and 
     Subcontracting for SDVOSBs.--
       (1) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by service-disabled veterans in procurement 
     contracts for Federal agencies, as established in section 
     15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), 
     shall be entered into with small business concerns certified 
     by the Administrator as small business concerns owned and 
     controlled by service-disabled veterans under section 36 of 
     such Act (15 U.S.C. 657f).
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1 of the fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     subsection (d).
       (c) Phased Approach to Eliminating Self-Certification for 
     SDVOSBs.--Notwithstanding any other provision of law, any 
     small business concern that self-certified as a small 
     business concern owned and controlled by service-disabled 
     veterans may--
       (1) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of enactment of this Act, 
     maintain such self-certification until the Administrator 
     makes a determination with respect to such certification; and
       (2) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of enactment of this Act, lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by service-disabled veterans.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
                                 ______
                                 
  SA 507. Ms. ERNST 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, add the following:

     SEC. 849. PILOT PROGRAM FOR SMALL BUSINESSES TO SCALE 
                   TECHNOLOGIES.

       (a) Pilot Program for Small Businesses to Scale 
     Technologies.--
       (1) In general.--Section 9(aa) of the Small Business Act 
     (15 U.S.C. 638(aa)) is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following:
       ``(5) Pilot program for small businesses to scale 
     technologies.--Upon request by a Federal agency, the 
     Administrator shall grant a waiver from the requirement under 
     paragraph (1) with respect to a Phase II award under the SBIR 
     program or STTR program of the Federal agency if the Federal 
     agency ensures that--
       ``(A) the total funding associated with the Phase II award 
     under the SBIR program and the STTR program does not exceed 
     $20,000,000;
       ``(B) not more than 33 percent of the total funding, public 
     or private, included or required by the funding agreement may 
     be paid with funding under the SBIR program or the STTR 
     program of the Federal agency;
       ``(C) for the Department of Defense, the Phase II award 
     directly supports a Department of Defense operational need 
     and has a clearly defined transition path to support military 
     capabilities; and
       ``(D) if the waiver is granted--
       ``(i) not more than 25 percent of the SBIR program budget 
     of the Federal agency for any fiscal year will be expended on 
     Phase II awards for which a waiver is granted under this 
     paragraph; and
       ``(ii) not more than 25 percent of the STTR program budget 
     of the Federal agency for any fiscal year will be expended on 
     Phase II awards for which a waiver is granted under this 
     paragraph.''.
       (2) Sunset.--Effective on October 1, 2025, section 9(aa) of 
     the Small Business Act (15 U.S.C. 638(aa)) is amended--
       (A) by striking paragraph (5); and
       (B) by redesignating paragraph (6) as paragraph (5).
       (b) Requirement for Defense Innovation Unit; Pilot Program 
     for Acceleration of High Priority Technologies.--
       (1) Definitions.--In this subsection--
       (A) the term ``appropriate congressional committees'' 
     means--
       (i) the Committee on Small Business and Entrepreneurship of 
     the Senate;
       (ii) the Committee on Armed Services of the Senate;

[[Page S2646]]

       (iii) the Committee on Small Business of the House of 
     Representatives;
       (iv) the Committee on Armed Services of the House of 
     Representatives; and
       (v) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (B) the terms ``armed forces'' and ``Secretary concerned'' 
     have the meanings given those terms in section 101 of title 
     10, United States Code;
       (C) the term ``major system'' has the meaning given the 
     term in section 3041 of title 10, United States Code;
       (D) the terms ``Phase I'', ``Phase II'', ``Phase III'', 
     ``SBIR'', and ``STTR'' have the meanings given those terms in 
     section 9(e) of the Small Business Act (15 U.S.C. 638(e)); 
     and
       (E) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (2) Requirement.--The Director of the Defense Innovation 
     Unit of the Department of Defense shall establish a 
     mechanism, such as a major system, to provide small business 
     concerns with direct access to program and requirements 
     offices throughout the Department of Defense that may 
     purchase technology from small business concerns under Phase 
     III of the SBIR or STTR program of the Department of Defense.
       (3) Pilot program for advancing small business 
     development.--
       (A) In general.--
       (i) Set aside.--Of the amounts authorized to be 
     appropriated by this Act, or otherwise made available for 
     fiscal year 2024, to carry out an SBIR program of a component 
     of the armed forces, that component shall use 1 percent of 
     those amounts to provide for the procurement of high priority 
     technologies (as so identified by the chief acquisition 
     officer of the component), specifically the procurement of 
     systems that have been supported through Phase I or Phase II 
     awards of that program but have not become programs of 
     record.
       (ii) Combining funding.--For the purposes of clause (i), 
     multiple components of the armed forces may combine amounts 
     that each component is required to use as described in that 
     clause to jointly provide for the procurement of high 
     priority technologies.
       (B) Notification.--Not later than 90 days after the date of 
     enactment of this Act, the chief acquisition officer of each 
     component of the armed forces shall submit to the appropriate 
     congressional committees a list of which technologies that 
     officer has identified as high priority technologies under 
     subparagraph (A).
       (C) Report.--Not later than 1 year after the date of 
     enactment of this Act, each Secretary concerned shall submit 
     to the appropriate congressional committees a report that 
     contains policy change recommendations identified as a result 
     of the pilot program carried out under this paragraph by the 
     applicable component of the armed forces to facilitate the 
     rapid adoption of technologies supported by the SBIR program 
     of the component.
       (c) Limitations on Amount of Awards and Number of 
     Applications.--Section 9 of the Small Business Act (15 U.S.C. 
     638) is amended by adding at the end the following:
       ``(yy) Limitations on Total SBIR and STTR Award Amounts and 
     Applications.--
       ``(1) Total award amount.--A single small business concern, 
     including any subsidiary or affiliated entity of the small 
     business concern, may not receive more than $50,000,000 in 
     Phase I and Phase II awards, in the aggregate, from Federal 
     agencies participating in the SBIR or STTR program.
       ``(2) Applications.--
       ``(A) In general.--A small business concern may not submit 
     more than 10 applications to a single Federal agency for each 
     SBIR or STTR program award solicitation of the Federal 
     agency.
       ``(B) Department of defense.--For purposes of subparagraph 
     (A), the Department of Defense shall consist of 1 Federal 
     agency.''.
                                 ______
                                 
  SA 508. Ms. ERNST 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. PAYMENT OF SUBCONTRACTORS.

       Section 8(d)(13) of the Small Business Act (15 U.S.C. 
     637(d)(13)) is amended--
       (1) in subparagraph (B)(i), by striking ``90 days'' and 
     inserting ``30 days'';
       (2) in subparagraph (C)--
       (A) by striking ``contractor shall'' and inserting 
     ``contractor--
       ``(i) shall'';
       (B) in clause (i), as so designated, by striking the period 
     at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(i) may enter or modify past performance information of 
     the prime contractor in connection with the unjustified 
     failure to make a full or timely payment to a subcontractor 
     subject to this paragraph before or after close-out of the 
     covered contract.''.
       (3) in subparagraph (D), by striking ``subparagraph (E)'' 
     and inserting ``subparagraph (F)'';
       (4) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (5) by inserting after subparagraph (D) the following":
       ``(E) Cooperation.--
       ``(i) In general.--Once a contracting officer determines, 
     with respect to the past performance of a prime contractor, 
     that there was an unjustified failure by the prime contractor 
     on a covered contract to make a full or timely payment to a 
     subcontractor covered by subparagraph (B) or (C), the prime 
     contractor is required to cooperate with the contracting 
     officer, who shall consult with the Director of Small 
     Business Programs or the Director of Small and Disadvantaged 
     Business Utilization acting pursuant to section 15(k)(6) and 
     other representatives of the Government, regarding correcting 
     and mitigating the unjustified failure to make a full or 
     timely payment to a subcontractor.
       ``(ii) Duration.--The duty of cooperation under this 
     subparagraph for a prime contractor described in clause (i) 
     continues until the subcontractor is made whole or the 
     determination of the contracting officer determination is no 
     longer effective, and regardless of performance or close-out 
     status of the covered contract.''.
                                 ______
                                 
  SA 509. Mr. CRAPO (for himself, Mr. Hickenlooper, Mr. Risch, 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 in title I, insert the following:

     SEC. __. LIMITATION ON TERMINATION OF FIGHTER SQUADRONS.

       (a) Limitation.--The Secretary of the Air Force may not 
     terminate the fighter flying mission of any fighter squadron 
     of the Air National Guard until a period of 180 days has 
     elapsed following the date on which the Secretary submits the 
     plan required under subsection (b).
       (b) Plan Required.--
       (1) In general.--The Secretary of the Air Force, in 
     coordination with the Director of the Air National Guard, 
     shall develop a notional plan for the recapitalization of all 
     fighter squadrons of the Air National Guard.
       (2) Elements.--The plan under paragraph (1) shall--
       (A) provide options for the modernization of fighter 
     squadrons of the Air National Guard and the replacement of 
     the aircraft of such squadrons at a rate that ensures 
     recapitalization of such squadrons with relevant and more 
     capable replacement fighter aircraft;
       (B) ensure that each fighter squadron of the Air National 
     Guard has the required minimum of primary mission assigned 
     fighter aircraft to meet force presentation requirements of 
     geographic combatant commanders for both steady-state and 
     operational contingency planning and execution;
       (C) include consideration for the temporary reassignment of 
     aircraft to such squadrons from other components of the Air 
     Force, as necessary to meet the requirements of the plan; and
       (D) include the Secretary of the Air Force's assessment of 
     any effects of the force presentation on--
       (i) combatant commanders;
       (ii) aircrew accession absorption capacity;
       (iii) industrial capacity to support any additional 
     production above programmed quantities; and
       (iv) costs aside from normal training and personnel costs 
     of unit mission transitions.
       (3) Submittal to congress.--The Secretary of the Air Force 
     shall submit to the congressional defense committees the plan 
     required under paragraph (1) together with an explanation 
     of--
       (A) any programmatic funding required to implement such 
     plan; and
       (B) how the plan differs from other plans of the Secretary 
     of the Air Force with respect to fighter aircraft squadrons 
     of the Air National Guard (including any such plans in effect 
     as of the date of the submittal of the plan under paragraph 
     (1)); and
       (C) any effects of the plan on operations and efforts to 
     recapitalize or transition existing fighter aircraft 
     squadrons of the Air National Guard as proposed in the 
     future-years defense program submitted to Congress under 
     section 221 of title 10, United States Code, for fiscal year 
     2024.
                                 ______
                                 
  SA 510. Mr. SCOTT of Florida (for himself, Mrs. Blackburn, Mr. 
Romney, and Mr. Warner) 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:

[[Page S2647]]

  


                       Subtitle H--Drone Security

     SEC. 1091. SHORT TITLE.

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

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council and 
     published in the System for Award Management (SAM). This list 
     will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.
       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Attorney General, Director of National 
     Intelligence, and the Secretary of Defense, determines poses 
     a national security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.
       (3) Intelligence; intelligence community.--The terms 
     ``intelligence'' and ``intelligence community'' have the 
     meanings given those terms in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).

     SEC. 1093. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     through (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that is manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements related to the collection and 
     transmission of sensitive information (consisting of 
     communication links and the components that control the 
     unmanned aircraft) that enable the operator to operate the 
     aircraft in the National Airspace System. The Federal 
     Acquisition Security Council, in coordination with the 
     Secretary of Transportation, shall develop and update a list 
     of associated elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the procurement is required in the 
     national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.

     SEC. 1094. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is two years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the operation is required in the 
     national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation is deemed to support the safe, secure, or efficient 
     operation of the National Airspace System or maintenance of 
     public safety, including activities carried out under the 
     Federal Aviation Administration's Alliance for System Safety 
     of UAS through Research Excellence (ASSURE) Center of 
     Excellence (COE) and any other activity deemed to support the 
     safe, secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, as determined by the 
     Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation is 
     necessary for the sole purpose of conducting safety 
     investigations.
       (e) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security, in consultation with the Attorney General 
     and the Secretary of Transportation, shall prescribe 
     regulations or guidance to implement this section.

     SEC. 1095. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
                   PROCUREMENT AND OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

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

[[Page S2648]]

     Attorney General are exempt from the restriction under 
     subsection (a) if the procurement or operation is required in 
     the national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the purpose of meeting NOAA's 
     science or management objectives or operational mission.
       (e) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (f) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 1096. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

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

     SEC. 1097. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--All executive agencies must account for 
     existing inventories of covered unmanned aircraft systems 
     manufactured or assembled by a covered foreign entity in 
     their personal property accounting systems, within one year 
     of the date of enactment of this Act, regardless of the 
     original procurement cost, or the purpose of procurement due 
     to the special monitoring and accounting measures necessary 
     to track the items' capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level, as 
     determined by the Secretary of Homeland Security or the 
     Secretary's designee.
       (c) Exceptions.--The Department of Defense, the Department 
     of Homeland Security, the Department of Justice, the 
     Department of Transportation, and the National Oceanic and 
     Atmospheric Administration may exclude from the full 
     inventory process, covered unmanned aircraft systems that are 
     deemed expendable due to mission risk such as recovery 
     issues, or that are one-time-use covered unmanned aircraft 
     due to requirements and low cost.

     SEC. 1098. COMPTROLLER GENERAL REPORT.

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

     SEC. 1099. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of an unmanned aircraft system--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing, and transmitting Federal 
     information in an unmanned aircraft system:
       (1) Protections to ensure controlled access to an unmanned 
     aircraft system.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to an unmanned aircraft system are properly managed, 
     including by ensuring an unmanned aircraft system can be 
     updated using a secure, controlled, and configurable 
     mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of an unmanned 
     aircraft system.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of an unmanned aircraft 
     system.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall--
       (1) incorporate policies to implement the exemptions 
     contained in this subtitle; and
       (2) incorporate an exemption to the policy in the case of a 
     head of the procuring department or agency determining, in 
     writing, that no product that complies with the information 
     security requirements described in subsection (b) is capable 
     of fulfilling mission critical performance requirements, and 
     such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary, or Administrator, of the procuring department or 
     agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies 
     and the procurement value of those items; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed three years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 1099A. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND 
                   EMERGENCY SERVICE EXEMPTION.

       (a) Rule of Construction.--Nothing in this subtitle shall 
     prevent a State, local, or territorial law enforcement or 
     emergency service agency from procuring or operating a 
     covered unmanned aircraft system purchased with non-Federal 
     dollars.
       (b) Continuity of Arrangements.--The Federal Government may 
     continue entering into contracts, grants, and cooperative 
     agreements or other Federal funding instruments with State, 
     local, or territorial law enforcement or emergency service 
     agencies under which a covered unmanned aircraft system will 
     be purchased or operated if the agency has received approval 
     or waiver to purchase or operate a covered unmanned aircraft 
     system pursuant to section 1095.

     SEC. 1099B. STUDY.

       (a) Study on the Supply Chain for Unmanned Aircraft Systems 
     and Components.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition and Sustainment shall provide to the 
     appropriate congressional committees a report on the supply 
     chain for covered unmanned aircraft systems, including a 
     discussion of current and projected future demand for covered 
     unmanned aircraft systems.

[[Page S2649]]

       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the current and future global and 
     domestic market for covered unmanned aircraft systems that 
     are not widely commercially available except from a covered 
     foreign entity.
       (B) A description of the sustainability, availability, 
     cost, and quality of secure sources of covered unmanned 
     aircraft systems domestically and from sources in allied and 
     partner countries.
       (C) The plan of the Secretary of Defense to address any 
     gaps or deficiencies identified in subparagraph (B), 
     including through the use of funds available under the 
     Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and 
     partnerships with the National Aeronautics and Space 
     Administration and other interested persons.
       (D) Such other information as the Under Secretary of 
     Defense for Acquisition and Sustainment determines to be 
     appropriate.
       (3) Appropriate congressional committees defined.--In this 
     section the term ``appropriate congressional committees'' 
     means:
       (A) The Committees on Armed Services of the Senate and the 
     House of Representatives.
       (B) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives.
       (C) The Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.
       (D) The Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (E) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (F) The Committee on Homeland Security of the House of 
     Representatives.

     SEC. 1099C. EXCEPTIONS.

       (a) Exception for Wildfire Management Operations and Search 
     and Rescue Operations.--The appropriate Federal agencies, in 
     consultation with the Secretary of Homeland Security, are 
     exempt from the procurement and operation restrictions under 
     sections 1093, 1094, and 1095 to the extent the procurement 
     or operation is necessary for the purpose of supporting the 
     full range of wildfire management operations or search and 
     rescue operations.
       (b) Exception for Intelligence Activities.--The elements of 
     the intelligence community, in consultation with the Director 
     of National Intelligence, are exempt from the procurement and 
     operation restrictions under sections 1093, 1094, and 1095 to 
     the extent the procurement or operation is necessary for the 
     purpose of supporting intelligence activities.
       (c) Exception for Tribal Law Enforcement or Emergency 
     Service Agency.--Tribal law enforcement or Tribal emergency 
     service agencies, in consultation with the Secretary of 
     Homeland Security, are exempt from the procurement, 
     operation, and purchase restrictions under sections 1093, 
     1094, and 1095 to the extent the procurement or operation is 
     necessary for the purpose of supporting the full range of law 
     enforcement operations or search and rescue operations on 
     Indian lands.

     SEC. 1099D. SUNSET.

       Sections 1093, 1094, and 1095 shall cease to have effect on 
     the date that is five years after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 511. Mr. SCOTT of Florida 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. AFGHAN VETTING AND ACCOUNTABILITY.

       (a) Findings.--Congress makes the following findings:
       (1) In the report entitled ``DHS Encountered Obstacles to 
     Screen, Vet, and Inspect All Evacuees during the Recent 
     Afghanistan Crisis'' issued on September 6, 2022, the 
     Inspector General of the Department of Homeland Security 
     found that--
       (A) the United States welcomed more than 79,000 Afghan 
     evacuees between July 2021, and January 2022, as part of 
     Operation Allies Refuge and Operation Allies Welcome; and
       (B) the President directed the Secretary of Homeland 
     Security to lead the coordination across the Federal 
     Government to resettle vulnerable Afghans arriving as part of 
     Operation Allies Refuge and Operation Allies Welcome.
       (2) The Office of the Inspector General of the Department 
     of Homeland Security conducted an audit to determine the 
     extent to which the Department of Homeland Security screened, 
     vetted, and inspected evacuees arriving as part of Operation 
     Allies Refuge and Operation Allies Welcome.
       (3) After meeting with more than 130 individuals from the 
     Department of Homeland Security, the Office of the Inspector 
     General of the Department of Homeland Security determined 
     that--
       (A) the Department of Homeland Security encountered 
     obstacles to screening, vetting, and inspecting all Afghan 
     evacuees arriving as part of Operation Allies Refuge and 
     Operation Allies Welcome;
       (B) U.S. Customs and Border Protection did not always have 
     critical data to properly screen, vet, or inspect the 
     evacuees;
       (C) some information used to vet evacuees through United 
     States Government databases, such as name, date of birth, 
     identification number, and travel document data, was 
     inaccurate, incomplete, or missing; and
       (D) U.S. Customs and Border Protection admitted or paroled 
     into the United States evacuees who were not fully vetted.
       (4) The Office of the Inspector General of the Department 
     of Homeland Security attributed the Department of Homeland 
     Security's challenges with respect to properly screening, 
     vetting, and inspecting such evacuees to not having--
       (A) a list of evacuees from Afghanistan who were unable to 
     provide sufficient identification documents;
       (B) a contingency plan to support similar emergency 
     situations; and
       (C) standardized policies.
       (5) As a result, the Department of Homeland Security may 
     have admitted or paroled individuals into the United States 
     who pose a risk to the national security of the United States 
     and the safety of local communities.
       (b) Identification and Recurrent Vetting of Evacuees From 
     Afghanistan.--Not later than 30 days after the date of the 
     enactment of this Act, the Commissioner of U.S. Customs and 
     Border Protection shall--
       (1) identify all evacuees from Afghanistan who--
       (A) were paroled into the United States during the period 
     beginning on July 1, 2021, and ending on January 31, 2022, as 
     part of Operation Allies Refuge or Operation Allies Welcome; 
     and
       (B) remain in the United States;
       (2) for each such evacuee, conduct a full screening and 
     vetting, including by consulting all law enforcement and 
     international terrorist screening databases, based on the 
     confirmed identity of the evacuee;
       (3) prioritize the screening and vetting described in 
     paragraph (2) for such evacuees who did not have 
     documentation of their identity on arrival in the United 
     States;
       (4) establish recurrent and periodic vetting processes for 
     all such evacuees, including in-person interviews as 
     necessary;
       (5) ensure that such vetting processes are carried out for 
     each such evacuee for the duration of the authorized period 
     of parole of the evacuee; and
       (6) provide to the Director of National Intelligence, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of Homeland Security, the Attorney General, and the law 
     enforcement agencies of the State and locality in which each 
     such evacuee is located evidence that the full screening and 
     vetting described in paragraph (2), and the recurrent and 
     periodic vetting processes described in paragraph (4), have 
     been carried out.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security and 
     the Inspector General of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     on--
       (1) the findings and results of the screening and vetting 
     carried out under subsection (b); and
       (2) the number of evacuees who were ineligible for 
     admission to the United States and, for each such evacuee, 
     the specific reason the evacuee was found ineligible.
                                 ______
                                 
  SA 512. Mr. THUNE 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 IV, add the following:

     SEC. 404. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH 
                   LIMITATIONS OF CERTAIN MILITARY PERSONNEL 
                   ASSIGNED FOR DUTY IN CONNECTION WITH THE 
                   FOREIGN MILITARY SALES PROGRAM.

       (a) Exclusion.--Except as provided in subsection (c), 
     members of the Armed Forces on active duty who are assigned 
     to an entity specified in subsection (b) for duty in 
     connection with the Foreign Military Sales (FMS) program 
     shall not count toward any end strength limitation for 
     active-duty personnel otherwise applicable to members of the 
     Armed Forces on active duty.
       (b) Specified Entities.--The entities specified in this 
     subsection are the following:
       (1) The military departments.
       (2) The Defense Security Cooperation Agency.
       (3) The combatant commands.
       (c) Inapplicability to General and Flag Officers.--
     Subsection (a) shall not apply with respect to any general or 
     flag officer assigned as described in that subsection.
                                 ______
                                 
  SA 513. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for

[[Page S2650]]

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__. ACKNOWLEDGING COURAGE AND SACRIFICE OF VETERANS OF 
                   VIETNAM WAR.

       (a) Findings.--Congress makes the following findings:
       (1) Members of the Armed Forces of the United States began 
     serving in an advisory role to the Government of South 
     Vietnam in 1955.
       (2) In 1965, ground combat units of the Armed Forces of the 
     United States arrived in the Republic of Vietnam to join 
     approximately 23,000 personnel of the Armed Forces who were 
     already present there.
       (3) By 1969, the number of such troops reached a peak of 
     approximately 549,500, including members of the Armed Forces 
     in the region who were supporting the combat 
     operations;Whereas, on January 27, 1973, the Agreement on 
     Ending the War and Restoring Peace in Viet-Nam (commonly 
     known as the Paris Peace Accords) was signed, which required 
     the release of all prisoners of war of the United States held 
     in North Vietnam and the withdrawal of all Armed Forces of 
     the United States from South Vietnam.
       (4) On March 29, 1973, the Armed Forces of the United 
     States completed the withdrawal of combat units and combat 
     support units from South Vietnam.
       (5) On April 30, 1975, North Vietnamese forces captured 
     Saigon, the capital of South Vietnam, effectively placing 
     South Vietnam under Communist control.
       (6) More than 58,000 members of the Armed Forces of the 
     United States lost their lives in the Vietnam war, and more 
     than 300,000 members of the Armed Forces of the United States 
     were wounded in Vietnam.
       (7) The Vietnam war was an extremely divisive issue back 
     home in the United States as a result of biased and shameful 
     attacks from the media, academia, politicians, and many 
     others.
       (8) Some opponents of the war did not limit their 
     opposition to normal political discourse, but engaged in 
     violent protests, including the targeting of Reserve 
     Officers' Training Corps facilities, recruiting stations, and 
     the bombing of the Army Math Research Center at the 
     University of Wisconsin-Madison.
       (9) Members of the Armed Forces who served bravely and 
     faithfully for the United States during the Vietnam war were 
     repeatedly targeted with shameful attacks as the result of 
     decisions that were beyond their control.
       (b) Resolution of Apology.--The United States, acting 
     through Congress--
       (1) recognizes the extraordinary sacrifice of veterans of 
     the Vietnam war and commends them for their unwavering and 
     courageous sacrifice to our Nation;
       (2) urges the President of the United States to formally 
     acknowledge the widespread mistreatment of veterans of the 
     Vietnam war;
       (3) on behalf of the American people, issues the long-
     overdue formal apology to veterans of the Vietnam war and 
     their families for the mistreatment they endured during and 
     after the war; and
       (4) expresses urgent support for increased education in our 
     Nation's schools to better reflect the courage and sacrifice 
     of veterans of the Vietnam war and the lack of support back 
     home.
                                 ______
                                 
  SA 514. 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 appropriate place in title II, insert the following:

     SEC. 2__. DEVELOPMENT AND ACQUISITION OF HYBRID ENERGY 
                   SYSTEMS.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2024 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $2,000,000, with the amount of the increase to 
     be available for the Environmental Security Technical 
     Certification Program (PE 0603851D8Z).
       (b) Availability.--The amount made available under 
     subsection (a) shall be available for the development and 
     acquisition of hybrid energy systems.
       (c) Offset.--The amount authorized to be appropriated for 
     fiscal year 2024 by section 301 for operation and maintenance 
     is hereby reduced by $2,000,000, with the amount of the 
     decrease to be taken from the availability of amounts for the 
     Office fo the Secretary of Defense..
                                 ______
                                 
  SA 515. 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 appropriate place, insert the following:

     SEC. ___. POST-EMPLOYMENT LIMITATIONS ON PRESIDENTIAL 
                   APPOINTEES WITH RESPECT TO CHINA.

       Section 207 of title 18, United States Code, is amended--
       (1) by redesignating subsections (g) through (l) as 
     subsection (h) through (m), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Post-employment Limitations on Presidential 
     Appointees With Respect to China.--
       ``(1) Definitions.--In this subsection:
       ``(A) Chinese entity.--The term `Chinese entity' means--
       ``(i) the Government of the People's Republic of China;
       ``(ii) the Chinese Communist Party;
       ``(iii) an entity listed in accordance with section 1237(b) 
     of the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note);
       ``(iv) an entity identified under section 1260H of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 
     3965); and
       ``(v) an entity based in the People's Republic of China 
     that is included on the entity list maintained by the Bureau 
     of Industry and Security of the Department of Commerce and 
     set forth in Supplement No. 4 to part 744 of title 15, Code 
     of Federal Regulations.''.
       ``(B) Former presidential appointee.--The term `Former 
     presidential appointee' means an individual who formerly 
     served in a position in any department or agency of the 
     United States pursuant to an appointment made by the 
     President.
       ``(2) Prohibition.--A former Presidential appointee who--
       ``(A) knowingly represents a Chinese entity before any 
     officer or employee of a department or agency of the United 
     States with the intent to influence a decision of the officer 
     or employee in carrying out the official duties of the 
     officer or employee; or
       ``(B) knowingly aids or advises a Chinese entity with the 
     intent to influence a decision of any officer or employee of 
     a department or agency of the United States in carrying out 
     the official duties of the officer or employee,
     shall be punished as provided in section 216.''.
                                 ______
                                 
  SA 516. 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, insert the following:

       TITLE ___--RULE OF CONSTRUCTION REGARDING PROTECTED SPEECH

     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act may 
     be construed to authorize any funding to direct, coerce, or 
     compel the content moderation decisions of any interactive 
     computer service (as that term is defined in section 230(f) 
     of the Communications Act of 1934 (47 U.S.C. 230(f)) or any 
     platform through which a media organization disseminates 
     information relating to any speech protected by the 
     Constitution of the United States, without regard to whether 
     the organization disseminates that information through 
     broadcast, print, online, or any other channel, including 
     by--
       (1) removing such speech;
       (2) suppressing such speech;
       (3) removing or suspending a particular user or class of 
     users;
       (4) labeling such speech as disinformation, misinformation, 
     or false information, or by making any similar 
     characterization with respect to such speech; or
       (5) otherwise blocking, banning, deleting, deprioritizing, 
     demonetizing, deboosting, limiting the reach of, or 
     restricting access to such speech.
                                 ______
                                 
  SA 517. 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 appropriate place in title XI, insert the following:

     SEC. __. OPTIMIZING THE CIVILIAN WORKFORCE OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) Findings.--Congress finds the following:

[[Page S2651]]

       (1) The civilian workforce of the Department of Defense 
     makes valuable contributions to overall mission success, but 
     its cost is growing at an unsustainable rate.
       (2) Between fiscal years 2018 and 2022, expenditures for 
     pay for civilian employees of the Department grew by 
     approximately $15,000,000,000, and in fiscal year 2022, such 
     expenditures exceeded $101,000,000,000.
       (3) With the maturation of commercial technologies such as 
     robotic process automation and artificial intelligence, costs 
     can be significantly reduced and manual processes across the 
     Department could be eliminated.
       (4) The Department's adherence to legacy systems, 
     processes, and practices in its business operations creates 
     an inefficient application of manpower, squanders resources 
     that could be applied to increase operational readiness, and 
     is detrimental to the efforts of the Department to recruit 
     and retain top talent.
       (5) Optimizing the civilian workforce of the Department is 
     critical to meeting current and future threats in a fiscally 
     prudent manner.
       (b) Reduction of Funds for the Department of Defense 
     Civilian Workforce.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Defense for pay for 
     civilian employees of the Department for fiscal year 2024 
     such sums as are necessary to optimize the civilian workforce 
     while reducing costs through the use of relevant 
     technologies.
       (2) Exclusion from reductions.--Of amounts authorized to be 
     appropriated under paragraph (1), the Secretary of Defense 
     shall make available for civilian positions in the Department 
     of Defense supporting shipyard, depot, health care, sexual 
     assault response, and acquisition duties not less than the 
     amounts available for such positions during fiscal year 2023.
       (c) Budget Justification Materials for Department of 
     Defense Civilian Workforce.--
       (1) Pay exhibit.--The Secretary of Defense shall--
       (A) in consultation with the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives, develop a comprehensive and consolidated 
     budget exhibit outlining the costs of pay for civilian 
     employees of the Department of Defense; and
       (B) include the exhibit in the budget justification 
     materials submitted to Congress in support of the budget of 
     the Department for fiscal year 2025 (as submitted with the 
     budget of the President under section 1105(a) of title 31, 
     United States Code).
       (2) Other information.--In the budget justification 
     materials described in paragraph (1)(B) for fiscal year 2025 
     and each fiscal year thereafter, the Secretary of Defense 
     shall identify mission changes, areas of technology 
     implementation, and business process improvements that will 
     optimize the size, structure, and composition of the civilian 
     workforce of the Department of Defense and the allocation of 
     manpower of the Department compared to requirements of the 
     Department.
       (d) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     includes the following:
       (A) A reassessment of total force manpower resources 
     compared to core missions, tasks, and functions, including a 
     mapping of missions to originating statute or policy of the 
     Department of Defense.
       (B) A plan with specific goals and metrics for measuring 
     the adoption of technologies relevant to the civilian 
     workforce of the Department, such as automation and 
     artificial intelligence, and business process improvements 
     across the Department.
       (C) A timeline for implementation of the goals included 
     under subparagraph (B).
       (D) A forecast of manpower savings as a result of efforts 
     to achieve those goals across the future years defense 
     program.
       (E) An identification of any additional resources or 
     authorities necessary to achieve those goals.
       (2) Limitation.--None of the funds authorized to be 
     appropriated for the civilian workforce for the Department of 
     Defense for fiscal year 2024 or any fiscal year thereafter 
     may be obligated or expended to establish or operate a 
     Department of Defense Civilian Workforce Incentive Fund until 
     30 days after the date on which the report required by 
     paragraph (1) is submitted under such paragraph.
                                 ______
                                 
  SA 518. Mr. BRAUN (for himself and Mr. Tester) 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--Protecting America's Agricultural Land From Foreign Harm

     SEC. 1091. DEFINITIONS.

       In this subtitle:
       (1) Agricultural land.--
       (A) In general.--The term ``agricultural land'' has the 
     meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (B) Inclusion.--The term ``agricultural land'' includes 
     land described in section 9(1) of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) that is 
     used for ranching purposes.
       (2) Covered person.--
       (A) In general.--The term ``covered person'' has the 
     meaning given the term ``person owned by, controlled by, or 
     subject to the jurisdiction or direction of a foreign 
     adversary'' in section 7.2 of title 15, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), except that each reference to ``foreign adversary'' in 
     that definition shall be deemed to be a reference to the 
     government of--
       (i) Iran;
       (ii) North Korea;
       (iii) the People's Republic of China; or
       (iv) the Russian Federation.
       (B) Exclusions.--The term ``covered person'' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) United states.--The term ``United States'' includes any 
     State, territory, or possession of the United States.

     SEC. 1092. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL 
                   LAND IN THE UNITED STATES BY PERSONS ASSOCIATED 
                   WITH CERTAIN FOREIGN GOVERNMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary to prohibit the purchase or lease by covered 
     persons of--
       (1) public agricultural land that is owned by the United 
     States and administered by the head of any Federal department 
     or agency, including the Secretary, the Secretary of the 
     Interior, and the Secretary of Defense; or
       (2) private agricultural land located in the United States.
       (b) Implementation.--The President may 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 subsection (a).
       (c) Penalties.--A person that knowingly violates, attempts 
     to violate, conspires to violate, or causes a violation of 
     subsection (a) 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) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prohibit or otherwise affect the purchase or lease 
     of public or private agricultural land described in 
     subsection (a) by any person other than a covered person;
       (2) to prohibit or otherwise affect the use of public or 
     private agricultural land described in subsection (a) that is 
     transferred to or acquired by a person other than a covered 
     person from a covered person; or
       (3) to require a covered person that owns or leases public 
     or private agricultural land described in subsection (a) as 
     of the date of enactment of this Act to sell that land.

     SEC. 1093. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF 
                   AGRICULTURE PROGRAMS BY PERSONS ASSOCIATED WITH 
                   CERTAIN FOREIGN GOVERNMENTS.

       (a) In General.--Except as provided in subsection (b), 
     notwithstanding any other provision of the law, the President 
     shall take such actions as may be necessary to prohibit 
     participation in Department of Agriculture programs by 
     covered persons that have full or partial ownership of 
     agricultural land in the United States or lease agricultural 
     land in the United States.
       (b) Exclusions.--Subsection (a) shall not apply to 
     participation in any program--
       (1) relating to--
       (A) food inspection or any other food safety regulatory 
     requirements; or
       (B) health and labor safety of individuals; or
       (2) administered by the Farm Service Agency, with respect 
     to the administration of this subtitle or the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et 
     seq.).
       (c) Proof of Citizenship.--To participate in a Department 
     of Agriculture program described in subsection (b) (except 
     for a program under this subtitle or the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.)), a 
     person described in subparagraph (A) of section 1091(2) that 
     is a person described in subparagraph (B) of that section 
     shall submit to the Secretary proof that the person is 
     described in subparagraph (B) of that section.

     SEC. 1094. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.

       (a) Inclusion of Security Interests and Leases in Reporting 
     Requirements.--
       (1) In general.--Section 9 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508) is 
     amended--
       (A) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) the term `interest' includes--
       ``(A) a security interest; and
       ``(B) a lease, without regard to the duration of the 
     lease;''.

[[Page S2652]]

       (2) Conforming amendment.--Section 2 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is 
     amended by striking ``, other than a security interest,'' 
     each place it appears.
       (b) Civil Penalty.--Section 3 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3502) is 
     amended--
       (1) in subsection (b), by striking ``exceed 25 percent'' 
     and inserting ``be less than 15 percent, or exceed 30 
     percent,''; and
       (2) by adding at the end the following:
       ``(c) Liens.--On imposing a penalty under subsection (a), 
     the Secretary shall ensure that a lien is placed on the 
     agricultural land with respect to which the violation 
     occurred, which shall be released only on payment of the 
     penalty.''.
       (c) Transparency.--
       (1) In general.--Section 7 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended 
     to read as follows:

     ``SEC. 7. PUBLIC DATA SETS.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), the Secretary shall publish in the 
     internet database established under section 773 of division A 
     of that Act human-readable and machine-readable data sets 
     that--
       ``(1) contain all data that the Secretary possesses 
     relating to reporting under this Act from each report 
     submitted to the Secretary under section 2; and
       ``(2) as soon as practicable, but not later than 30 days, 
     after the date of receipt of any report under section 2, 
     shall be updated with the data from that report.
       ``(b) Included Data.--The data sets established under 
     subsection (a) shall include--
       ``(1) a description of--
       ``(A) the purchase price paid for, or any other 
     consideration given for, each interest in agricultural land 
     for which a report is submitted under section 2; and
       ``(B) updated estimated values of each interest in 
     agricultural land described in subparagraph (A), as that 
     information is made available to the Secretary, based on the 
     most recently assessed value of the agricultural land or 
     another comparable method determined by the Secretary; and
       ``(2) with respect to any agricultural land for which a 
     report is submitted under section 2, updated descriptions of 
     each foreign person who holds an interest in at least 1 
     percent of the agricultural land, as that information is made 
     available to the Secretary, categorized as a majority owner 
     or a minority owner that holds an interest in the 
     agricultural land.''.
       (2) Deadline for database establishment.--Section 773 of 
     division A of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), is amended, in the first proviso, by 
     striking ``3 years'' and inserting ``2 years''.
       (d) Definition of Foreign Person.--Section 9(3) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508(3)) is amended--
       (1) in subparagraph (C)(ii)(IV), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(E) any person, other than an individual or a government, 
     that issues equity securities that are primarily traded on a 
     foreign securities exchange within--
       ``(i) Iran;
       ``(ii) North Korea;
       ``(iii) the People's Republic of China; or
       ``(iv) the Russian Federation;''.

     SEC. 1095. REPORTS.

       (a) Report From the Secretary on Foreign Ownership of 
     Agricultural Land in the United States.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Secretary shall submit to Congress a report describing--
       (A) the risks and benefits, as determined by the Secretary, 
     that are associated with foreign ownership or lease of 
     agricultural land in rural areas (as defined in section 520 
     of the Housing Act of 1949 (42 U.S.C. 1490));
       (B) the intended and unintended misrepresentation of 
     foreign land ownership in the annual reports prepared by the 
     Secretary describing foreign holdings of agricultural land 
     due to inaccurate reporting of foreign holdings of 
     agricultural land;
       (C) the specific work that the Secretary has undertaken to 
     monitor erroneous reporting required by the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et 
     seq.) that would result in a violation or civil penalty; and
       (D) the role of State and local government authorities in 
     tracking foreign ownership of agricultural land in the United 
     States.
       (2) Protection of information.--In carrying out paragraph 
     (1), the Secretary shall establish a plan to ensure the 
     protection of personally identifiable information.
       (b) Report From the Director of National Intelligence on 
     Foreign Ownership of Agricultural Land in the United 
     States.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Director of National Intelligence shall submit to the 
     congressional recipients described in paragraph (2) a report 
     describing--
       (A) an analysis of foreign malign influence (as defined in 
     section 119C(f) of the National Security Act of 1947 (50 
     U.S.C. 3059(f))) by covered persons that have foreign 
     ownership in the United States agriculture industry; and
       (B) the primary motives, as determined by the Director of 
     National Intelligence, of foreign investors to acquire 
     agricultural land.
       (2) Congressional recipients described.--The report under 
     paragraph (1) shall be submitted to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on Financial Services of the House of 
     Representatives;
       (F) the Committee on Agriculture of the House of 
     Representatives;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the majority leader of the Senate;
       (J) the minority leader of the Senate;
       (K) the Speaker of the House of Representatives; and
       (L) the minority leader of the House of Representatives.
       (3) Classification.--The report under paragraph (1) shall 
     be submitted in an unclassified form, but may include a 
     classified annex.
       (c) Government Accountability Office Report.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report describing--
       (1) a review of resources, staffing, and expertise for 
     carrying out the Agricultural Foreign Investment Disclosure 
     Act of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues 
     limiting the effectiveness of that Act; and
       (2) any recommended necessary changes to that Act.
                                 ______
                                 
  SA 519. Mr. SCOTT of South Carolina (for himself and Mr. Brown) 
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--FEND OFF FENTANYL ACT

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Fentanyl Eradication and 
     Narcotics Deterrence Off Fentanyl Act'' or the ``FEND Off 
     Fentanyl Act''.

     SEC. 1802. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the proliferation of fentanyl is causing an 
     unprecedented surge in overdose deaths in the United States, 
     fracturing families and communities, and necessitating a 
     comprehensive policy response to combat its lethal flow and 
     to mitigate the drug's devastating consequences;
       (2) the trafficking of fentanyl into the United States is a 
     national security threat that has killed hundreds of 
     thousands of United States citizens;
       (3) transnational criminal organizations, including cartels 
     primarily based in Mexico, are the main purveyors of fentanyl 
     into the United States and must be held accountable;
       (4) precursor chemicals sourced from the People's Republic 
     of China are--
       (A) shipped from the People's Republic of China by 
     legitimate and illegitimate means;
       (B) transformed through various synthetic processes to 
     produce different forms of fentanyl; and
       (C) crucial to the production of illicit fentanyl by 
     transnational criminal organizations, contributing to the 
     ongoing opioid crisis;
       (5) the United States Government must remain vigilant to 
     address all new forms of fentanyl precursors and drugs used 
     in combination with fentanyl, such as Xylazine, which 
     attribute to overdose deaths of people in the United States;
       (6) to increase the cost of fentanyl trafficking, the 
     United States Government should work collaboratively across 
     agencies and should surge analytic capability to impose 
     sanctions and other remedies with respect to transnational 
     criminal organizations (including cartels), including foreign 
     nationals who facilitate the trade in illicit fentanyl and 
     its precursors from the People's Republic of China; and
       (7) the Department of the Treasury should focus on fentanyl 
     trafficking and its facilitators as one of the top national 
     security priorities for the Department.

     SEC. 1803. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) Foreign person.--The term ``foreign person''--

[[Page S2653]]

       (A) means--
       (i) any citizen or national of a foreign country; or
       (ii) any entity not organized under the laws of the United 
     States or a jurisdiction within the United States; and
       (B) does not include the government of a foreign country.
       (3) 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.
       (4) Trafficking.--The term ``trafficking'', with respect to 
     fentanyl, fentanyl precursors, or other related opioids, has 
     the meaning given the term ``opioid trafficking'' in section 
     7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
       (5) Transnational criminal organization.--The term 
     ``transnational criminal organization'' includes--
       (A) any organization designated as a significant 
     transnational criminal organization under part 590 of title 
     31, Code of Federal Regulations;
       (B) any of the organizations known as--
       (i) the Sinaloa Cartel;
       (ii) the Jalisco New Generation Cartel;
       (iii) the Gulf Cartel;
       (iv) the Los Zetas Cartel;
       (v) the Juarez Cartel;
       (vi) the Tijuana Cartel;
       (vii) the Beltran-Leyva Cartel; or
       (viii) La Familia Michoacana; or
       (C) any other organization that the President determines is 
     a transnational criminal organization; or
       (D) any successor organization to an organization described 
     in subparagraph (B) or as otherwise determined by the 
     President.
       (6) United states person.--The term ``United States 
     person'' means--
       (A) 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 of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

                     Subtitle A--Sanctions Matters

    PART I--SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO 
                          FENTANYL TRAFFICKING

     SEC. 1811. FINDING; POLICY.

       (a) Finding.--Congress finds that international trafficking 
     of fentanyl, fentanyl precursors, or other related opioids 
     constitutes an unusual and extraordinary threat to the 
     national security, foreign policy, and economy of the United 
     States, and is a national emergency.
       (b) Policy.--It shall be the policy of the United States to 
     apply economic and other financial sanctions to those who 
     engage in the international trafficking of fentanyl, fentanyl 
     precursors, or other related opioids to protect the national 
     security, foreign policy, and economy of the United States.

     SEC. 1812. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.

       (a) In General.--The President may 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 part.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on actions taken by the executive branch 
     pursuant to this part and any national emergency declared 
     with respect to the trafficking of fentanyl and trade in 
     other illicit drugs, including--
       (A) the issuance of any new or revised regulations, 
     policies, or guidance;
       (B) the imposition of sanctions;
       (C) the collection of relevant information from outside 
     parties;
       (D) the issuance or closure of general licenses, specific 
     licenses, and statements of licensing policy by the Office of 
     Foreign Assets Control;
       (E) a description of any pending enforcement cases; or
       (F) the implementation of mitigation procedures.
       (2) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form, but may include the 
     matters required by subparagraphs (C), (D), (E), and (F) of 
     that paragraph in a classified annex.

     SEC. 1813. CODIFICATION OF EXECUTIVE ORDER IMPOSING SANCTIONS 
                   WITH RESPECT TO FOREIGN PERSONS INVOLVED IN 
                   GLOBAL ILLICIT DRUG TRADE.

       United States sanctions provided for in Executive Order 
     14059 (50 U.S.C. 1701 note; relating to imposing sanctions on 
     foreign persons involved in the global illicit drug trade), 
     and any amendments to or directives issued pursuant to such 
     Executive order before the date of the enactment of this Act, 
     shall remain in effect.

     SEC. 1814. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL 
                   TRAFFICKING BY TRANSNATIONAL CRIMINAL 
                   ORGANIZATIONS.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person the President determines--
       (1) is knowingly involved in the significant trafficking of 
     fentanyl, fentanyl precursors, or other related opioids, 
     including such trafficking by a transnational criminal 
     organization; or
       (2) otherwise is knowingly involved in significant 
     activities of a transnational criminal organization relating 
     to the trafficking of fentanyl, fentanyl precursors, or other 
     related opioids.
       (b) Sanctions Described.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in 
     property and interests in property of a foreign person 
     described in subsection (a) 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.
       (c) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the President shall submit to the appropriate congressional 
     committees a report on actions taken by the executive branch 
     with respect to the foreign persons identified under 
     subsection (a).

     SEC. 1815. PENALTIES; WAIVERS; EXCEPTIONS.

       (a) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     part or any regulation, license, or order issued to carry out 
     this part 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.
       (b) National Security Waiver.--The President may waive the 
     application of sanctions under this part with respect to a 
     foreign person if the President determines that the waiver is 
     in the national security interest of the United States.
       (c) Exceptions.--
       (1) Exception for intelligence activities.--This part shall 
     not apply with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Exception for compliance with international obligations 
     and law enforcement activities.--Sanctions under this part 
     shall not apply with respect to an alien if admitting or 
     paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity of the 
     United States.
       (3) Humanitarian exemption.--The President may not impose 
     sanctions under this part with respect to any person for 
     conducting or facilitating a transaction for the sale of 
     agricultural commodities, food, medicine, or medical devices 
     or for the provision of humanitarian assistance.

     SEC. 1816. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL 
                   CRIMINAL ORGANIZATIONS.

       (a) Transfer of Forfeited Property to Forfeiture Funds.--
       (1) In general.--Any covered forfeited property shall be 
     deposited into the Department of the Treasury Forfeiture Fund 
     established under section 9705 of title 31, United States 
     Code, or the Department of Justice Assets Forfeiture Fund 
     established under section 524(c) of title 28, United States 
     Code.
       (2) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees a report on any deposits made under 
     paragraph (1) during the 180-day period preceding submission 
     of the report.
       (3) Covered forfeited property defined.--In this 
     subsection, the term ``covered forfeited property'' means 
     property--
       (A) forfeited to the United States under chapter 46 or 
     section 1963 of title 18, United States Code; and
       (B) that belonged to or was possessed by an individual 
     affiliated with or connected to a transnational criminal 
     organization subject to sanctions under--
       (i) this part;
       (ii) the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.); 
     or
       (iii) Executive Order 14059 (50 U.S.C. 1701 note; relating 
     to imposing sanctions on foreign persons involved in the 
     global illicit drug trade).
       (b) Blocked Assets Under Terrorism Risk Insurance Act of 
     2002.--Nothing in this part affects the treatment of blocked 
     assets of a terrorist party described in subsection (a) of 
     section 201 of the Terrorism Risk Insurance Act of 2002 (28 
     U.S.C. 1610 note).

                         PART II--OTHER MATTERS

     SEC. 1821. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF 
                   SANCTIONS.

       (a) International Emergency Economic Powers Act.--Section 
     206 of the International Emergency Economic Powers Act (50 
     U.S.C. 1705) is amended by adding at the end the following:
       ``(d) Statute of Limitations.--
       ``(1) Time for commencing proceedings.--
       ``(A) In general.--An action, suit, or proceeding for the 
     enforcement of any civil fine, penalty, or forfeiture, 
     pecuniary or otherwise, under this section shall not be 
     entertained unless commenced within ten years after the 
     latest date of the violation upon

[[Page S2654]]

     which the civil fine, penalty, or forfeiture is based.
       ``(B) Commencement.--For purposes of this paragraph, the 
     commencement of an action, suit, or proceeding includes the 
     issuance of a pre-penalty notice or finding of violation.
       ``(2) Time for indictment.--No person shall be prosecuted, 
     tried, or punished for any offense under subsection (c) 
     unless the indictment is found or the information is 
     instituted within ten years after the latest date of the 
     violation upon which the indictment or information is 
     based.''.
       (b) Trading With the Enemy Act.--Section 16 of the Trading 
     with the Enemy Act (50 U.S.C. 4315) is amended by adding at 
     the end the following:
       ``(d) Statute of Limitations.--
       ``(1) Time for commencing proceedings.--
       ``(A) In general.--An action, suit, or proceeding for the 
     enforcement of any civil fine, penalty, or forfeiture, 
     pecuniary or otherwise, under this section shall not be 
     entertained unless commenced within ten years after the 
     latest date of the violation upon which the civil fine, 
     penalty, or forfeiture is based.
       ``(B) Commencement.--For purposes of this paragraph, the 
     commencement of an action, suit, or proceeding includes the 
     issuance of a pre-penalty notice or finding of violation.
       ``(2) Time for indictment.--No person shall be prosecuted, 
     tried, or punished for any offense under subsection (a) 
     unless the indictment is found or the information is 
     instituted within ten years after the latest date of the 
     violation upon which the indictment or information is 
     based.''.

     SEC. 1822. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF 
                   OFFICE OF FOREIGN ASSETS CONTROL.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of the Office of Foreign Assets 
     Control shall provide to the appropriate congressional 
     committees a classified report and briefing on the staffing 
     of the Office of Foreign Assets Control, disaggregated by 
     staffing dedicated to each sanctions program and each country 
     or issue.

     SEC. 1823. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF 
                   VESSELS WITH MISLABELED CARGO.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury, in conjunction with 
     the heads of other relevant Federal agencies, shall provide 
     to the appropriate congressional committees a classified 
     report and briefing on efforts to target drug transportation 
     routes and modalities, including an assessment of the 
     prevalence of false cargo labeling and shipment of precursor 
     chemicals without accurate tracking of the customers 
     purchasing the chemicals.

     SEC. 1824. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA 
                   WITH RESPECT TO PERSONS INVOLVED IN FENTANYL 
                   SUPPLY CHAIN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury, in conjunction with 
     the heads of other relevant Federal agencies, shall provide 
     to the appropriate congressional committees a classified 
     report and briefing on actions taken by the Government of the 
     People's Republic of China with respect to persons involved 
     in the shipment of fentanyl, fentanyl analogues, fentanyl 
     precursors, precursors for fentanyl analogues, and equipment 
     for the manufacturing of fentanyl and fentanyl-laced 
     counterfeit pills.

               Subtitle B--Anti-Money Laundering Matters

     SEC. 1831. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF 
                   SANCTIONED PERSONS AS OF PRIMARY MONEY 
                   LAUNDERING CONCERN.

       Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et 
     seq.) is amended by inserting after section 7213 the 
     following:

     ``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED 
                   PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.

       ``(a) In General.--If the Secretary of the Treasury 
     determines that reasonable grounds exist for concluding that 
     one or more financial institutions operating outside of the 
     United States, 1 or more classes of transactions within, or 
     involving, a jurisdiction outside of the United States, or 1 
     or more types of accounts within, or involving, a 
     jurisdiction outside of the United States, is of primary 
     money laundering concern in connection with illicit opioid 
     trafficking, the Secretary of the Treasury may, by order, 
     regulation, or otherwise as permitted by law--
       ``(1) require domestic financial institutions and domestic 
     financial agencies to take 1 or more of the special measures 
     provided for in section 9714(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283; 
     31 U.S.C. 5318A note); or
       ``(2) prohibit, or impose conditions upon, certain 
     transmittals of funds (to be defined by the Secretary) by any 
     domestic financial institution or domestic financial agency, 
     if such transmittal of funds involves any such institution, 
     class of transaction, or type of accounts.
       ``(b) Classified Information.--In any judicial review of a 
     finding of the existence of a primary money laundering 
     concern, or of the requirement for 1 or more special measures 
     with respect to a primary money laundering concern made under 
     this section, if the designation or imposition, or both, were 
     based on classified information (as defined in section 1(a) 
     of the Classified Information Procedures Act (18 U.S.C. 
     App.)), such information may be submitted by the Secretary to 
     the reviewing court ex parte and in camera. This subsection 
     does not confer or imply any right to judicial review of any 
     finding made or any requirement imposed under this section.
       ``(c) Availability of Information.--The exemptions from, 
     and prohibitions on, search and disclosure referred to in 
     section 9714(c) of the National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) 
     shall apply to any report or record of report filed pursuant 
     to a requirement imposed under subsection (a). For purposes 
     of section 552 of title 5, United States Code, this 
     subsection shall be considered a statute described in 
     subsection (b)(3)(B) of that section.
       ``(d) Penalties.--The penalties referred to in section 
     9714(d) of the National Defense Authorization Act for Fiscal 
     Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) shall 
     apply to violations of any order, regulation, special 
     measure, or other requirement imposed under subsection (a), 
     in the same manner and to the same extent as described in 
     such section 9714(d).
       ``(e) Injunctions.--The Secretary of the Treasury may bring 
     a civil action to enjoin a violation of any order, 
     regulation, special measure, or other requirement imposed 
     under subsection (a) in the same manner and to the same 
     extent as described in section 9714(e) of the National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 31 U.S.C. 5318A note).''.

     SEC. 1832. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS 
                   IN SUSPICIOUS TRANSACTIONS REPORTS OF THE 
                   FINANCIAL CRIMES ENFORCEMENT NETWORK.

       (a) Filing Instructions.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     Financial Crimes Enforcement Network shall issue guidance or 
     instructions to United States financial institutions for 
     filing reports on suspicious transactions required by section 
     1010.320 of title 31, Code of Federal Regulations, related to 
     suspected fentanyl trafficking by transnational criminal 
     organizations.
       (b) Prioritization of Reports Relating to Fentanyl 
     Trafficking or Transnational Criminal Organizations.--The 
     Director shall prioritize research into reports described in 
     subsection (a) that indicate a connection to trafficking of 
     fentanyl or related synthetic opioids or financing of 
     suspected transnational criminal organizations.

     SEC. 1833. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE 
                   WITH MEXICO, THE PEOPLE'S REPUBLIC OF CHINA, 
                   AND BURMA.

       (a) In General.--In the first update to the national 
     strategy for combating the financing of terrorism and related 
     forms of illicit finance submitted to Congress after the date 
     of the enactment of this Act, the Secretary of the Treasury 
     shall include a report on trade-based money laundering 
     originating in Mexico or the People's Republic of China and 
     involving Burma.
       (b) Definition.--In this section, the term ``national 
     strategy for combating the financing of terrorism and related 
     forms of illicit finance'' means the national strategy for 
     combating the financing of terrorism and related forms of 
     illicit finance required by section 261 of the Countering 
     America's Adversaries Through Sanctions Act (Public Law 115-
     44; 131 Stat. 934), as amended by section 6506 of the 
     National Defense Authorization Act for Fiscal Year 2022 
     (Public Law 117-81; 135 Stat. 2428).

         Subtitle C--Exception Relating to Importation of Goods

     SEC. 1841. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authority or a requirement to block 
     and prohibit all transactions in all property and interests 
     in property under this title 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.
                                 ______
                                 
  SA 520. Mr. CRAPO (for himself, Mrs. Shaheen, Mr. Risch, Mr. Thune, 
Mr. Cassidy, and Mrs. Blackburn) 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--Bring Our Heroes Home Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Bring Our Heroes Home 
     Act''.

[[Page S2655]]

  


     SEC. 1092. FINDINGS, DECLARATIONS, AND PURPOSES.

       (a) Findings and Declarations.--Congress finds and declares 
     the following:
       (1) A vast number of records relating to missing Armed 
     Forces and civilian personnel have not been identified, 
     located, or transferred to the National Archives following 
     review and declassification. Only in the rarest cases is 
     there any legitimate need for continued protection of records 
     pertaining to missing Armed Forces and civilian personnel who 
     have been missing for decades.
       (2) There has been insufficient priority placed on 
     identifying, locating, reviewing, or declassifying records 
     relating to missing Armed Forces and civilian personnel and 
     then transferring the records to the National Archives for 
     public access.
       (3) Mandates for declassification set forth in multiple 
     Executive orders have been broadly written, loosely 
     interpreted, and often ignored by Federal agencies in 
     possession and control of records related to missing Armed 
     Forces and civilian personnel.
       (4) No individual or entity has been tasked with oversight 
     of the identification, collection, review, and 
     declassification of records related to missing Armed Forces 
     and civilian personnel.
       (5) The interest, desire, workforce, and funding of Federal 
     agencies to assemble, review, and declassify records relating 
     to missing Armed Forces and civilian personnel have been 
     lacking.
       (6) All records of the Federal Government relating to 
     missing Armed Forces and civilian personnel should be 
     preserved for historical and governmental purposes and for 
     public research.
       (7) All records of the Federal Government relating to 
     missing Armed Forces and civilian personnel should carry a 
     presumption of declassification, and all such records should 
     be disclosed under this subtitle to enable the fullest 
     possible accounting for missing Armed Forces and civilian 
     personnel.
       (8) Legislation is necessary to create an enforceable, 
     independent, and accountable process for the public 
     disclosure of records relating to missing Armed Forces and 
     civilian personnel.
       (9) Legislation is necessary because section 552 of title 
     5, United States Code (commonly known as the ``Freedom of 
     Information Act''), as implemented by Federal agencies, has 
     prevented the timely public disclosure of records relating to 
     missing Armed Forces and civilian personnel.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to provide for the creation of the Missing Armed Forces 
     and Civilian Personnel Records Collection at the National 
     Archives; and
       (2) to require the expeditious public transmission to the 
     Archivist and public disclosure of missing Armed Forces and 
     civilian personnel records, subject to narrow exceptions, as 
     set forth in this subtitle.

     SEC. 1093. DEFINITIONS.

       In this subtitle:
       (1) Archivist.--The term ``Archivist'' means Archivist of 
     the United States.
       (2) Collection.--The term ``Collection'' means the Missing 
     Armed Forces and Civilian Personnel Records Collection 
     established under section 1094(a).
       (3) Executive agency.--The term ``Executive agency''--
       (A) means an agency, as defined in section 552(f) of title 
     5, United States Code;
       (B) includes any Executive department, military department, 
     Government corporation, Government controlled corporation, or 
     other establishment in the executive branch of the Federal 
     Government, including the Executive Office of the President, 
     any branch of the Armed Forces, and any independent 
     regulatory agency; and
       (C) does not include any non-appropriated agency, 
     department, corporation, or establishment.
       (4) Executive branch missing armed forces and civilian 
     personnel record.--The term ``executive branch missing Armed 
     Forces and civilian personnel record'' means a missing Armed 
     Forces and civilian personnel record of an Executive agency, 
     or information contained in such a missing Armed Forces and 
     civilian personnel record obtained by or developed within the 
     executive branch of the Federal Government.
       (5) Government office.--The term ``Government office'' 
     means an Executive agency, the Library of Congress, or the 
     National Archives.
       (6) Missing armed forces and civilian personnel.--
       (A) Definition.--The term ``missing Armed Forces and 
     civilian personnel'' means one or more missing persons; and
       (B) Inclusions.--The term ``missing Armed Forces and 
     civilian personnel'' includes an individual who was a missing 
     person and whose status was later changed to ``missing and 
     presumed dead''.
       (7) Missing armed forces and civilian personnel record.--
     The term ``missing Armed Forces and civilian personnel 
     record'' means a record that relates, directly or indirectly, 
     to the loss, fate, or status of missing Armed Forces and 
     civilian personnel that--
       (A) was created or made available for use by, obtained by, 
     or otherwise came into the custody, possession, or control 
     of--
       (i) any Government office;
       (ii) any Presidential library; or
       (iii) any of the Armed Forces; and
       (B) relates to 1 or more missing Armed Forces and civilian 
     personnel who became missing persons during the period--
       (i) beginning on December 7, 1941; and
       (ii) ending on the date of enactment of this Act.
       (8) Missing person.--The term ``missing person'' means--
       (A) a person described in paragraph (1) of section 1513 of 
     title 10, United States Code; and
       (B) any other civilian employee of the Federal Government 
     or an employee of a contractor of the Federal Government who 
     serves in direct support of, or accompanies, the Armed Forces 
     in the field under orders and who is in a missing status (as 
     that term is defined in paragraph (2) of such section 1513).
       (9) National archives.--The term ``National Archives''--
       (A) means the National Archives and Records Administration; 
     and
       (B) includes any component of the National Archives and 
     Records Administration (including Presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code).
       (10) Official investigation.--The term ``official 
     investigation'' means a review, briefing, inquiry, or hearing 
     relating to missing Armed Forces and civilian personnel 
     conducted by a Presidential commission, committee of 
     Congress, or agency, regardless of whether it is conducted 
     independently, at the request of any Presidential commission 
     or committee of Congress, or at the request of any official 
     of the Federal Government.
       (11) Originating body.--The term ``originating body'' means 
     the Government office or other initial source that created a 
     record or particular information within a record.
       (12) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     missing Armed Forces and civilian personnel records for 
     historical and governmental purposes, for public research, 
     and for the purpose of fully informing the people of the 
     United States, most importantly families of missing Armed 
     Forces and civilian personnel, about the fate of the missing 
     Armed Forces and civilian personnel and the process by which 
     the Federal Government has sought to account for them.
       (13) Record.--The term ``record'' has the meaning given the 
     term ``records'' in section 3301 of title 44, United States 
     Code.
       (14) Review board.--The term ``Review Board'' means the 
     Missing Armed Forces and Civilian Personnel Records Review 
     Board established under section 1097.

     SEC. 1094. MISSING ARMED FORCES AND CIVILIAN PERSONNEL 
                   RECORDS COLLECTION AT THE NATIONAL ARCHIVES.

       (a) Establishment of Collection.--Not later than 90 days 
     after confirmation of the initial members of the Missing 
     Armed Forces and Civilian Personnel Records Review Board 
     established under section 1097, the Archivist shall--
       (1) commence establishment of a collection of records to be 
     known as the ``Missing Armed Forces and Civilian Personnel 
     Records Collection'';
       (2) commence preparing the subject guidebook and index to 
     the Collection; and
       (3) establish criteria and acceptable formats for Executive 
     agencies to follow when transmitting copies of missing Armed 
     Forces and civilian personnel records to the Archivist, to 
     include required metadata.
       (b) Regulations.--Not later than 90 days after the date of 
     the swearing in of the Board members, the Review Board shall 
     promulgate rules to establish guidelines and processes for 
     the disclosure of records contained in the Collection.

     SEC. 1095. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
                   NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF 
                   MISSING ARMED FORCES AND CIVILIAN PERSONNEL 
                   RECORDS BY GOVERNMENT OFFICES.

       (a) In General.--
       (1) Preparation.--As soon as practicable after the date of 
     enactment of this Act, and sufficiently in advance of the 
     deadlines established under this subtitle, each Government 
     office shall--
       (A) identify and locate any missing Armed Forces and 
     civilian personnel records in the custody, possession, or 
     control of the Government office, including intelligence 
     reports, congressional inquiries, memoranda to or from the 
     White House and other Federal departments and agencies, 
     Prisoner of War (POW) debriefings, live sighting reports, 
     documents relating to POW camps, movement of POWs, 
     exploitation of POWs, experimentation on POWs, or status 
     changes from Missing in Action (MIA) to Killed in Action 
     (KIA); and
       (B) prepare for transmission to the Archivist in accordance 
     with the criteria and acceptable formats established by the 
     Archivist a copy of any missing Armed Forces and civilian 
     personnel records that have not previously been transmitted 
     to the Archivist by the Government office.
       (2) Certification.--Each Government office shall submit to 
     the Archivist, under penalty of perjury, a certification 
     indicating--
       (A) whether the Government office has conducted a thorough 
     search for all missing Armed Forces and civilian personnel 
     records in the custody, possession, or control of the 
     Government office; and
       (B) whether a copy of any missing Armed Forces and civilian 
     personnel record has not been transmitted to the Archivist.
       (3) Preservation.--No missing Armed Forces and civilian 
     personnel record shall be destroyed, altered, or mutilated in 
     any way.
       (4) Effect of previous disclosure.--Information that was 
     made available or disclosed

[[Page S2656]]

     to the public before the date of enactment of this Act in a 
     missing Armed Forces and civilian personnel record may not be 
     withheld, redacted, postponed for public disclosure, or 
     reclassified.
       (5) Withheld and substantially redacted records.--For any 
     missing Armed Forces and civilian personnel record that is 
     transmitted to the Archivist which a Government office 
     proposes to substantially redact or withhold in full from 
     public access, the head of the Government office shall submit 
     an unclassified and publicly releasable report to the 
     Archivist, the Review Board, and each appropriate committee 
     of the Senate and the House of Representatives justifying the 
     decision of the Government office to substantially redact or 
     withhold the record by demonstrating that the release of 
     information would clearly and demonstrably be expected to 
     cause an articulated harm, and that the harm would be of such 
     gravity as to outweigh the public interest in access to the 
     information.
       (b) Review.--
       (1) In general.--Except as provided under paragraph (5), 
     not later than 180 days after confirmation of the initial 
     members of the Missing Armed Forces and Civilian Personnel 
     Records Review Board, each Government office shall, in 
     accordance with the criteria and acceptable formats 
     established by the Archivist--
       (A) identify, locate, copy, and review each missing Armed 
     Forces and civilian personnel record in the custody, 
     possession, or control of the Government office for 
     transmission to the Archivist and disclosure to the public 
     or, if needed, review by the Review Board; and
       (B) cooperate fully, in consultation with the Archivist, in 
     carrying out paragraph (3).
       (2) Requirement.--The Review Board shall promulgate rules 
     for the disclosure of relevant records by Government offices 
     under paragraph (1).
       (3) National archives records.--Not later than 180 days 
     after confirmation of the initial members of the Missing 
     Armed Forces and Civilian Personnel Records Review Board, the 
     Archivist shall--
       (A) locate and identify all missing Armed Forces and 
     civilian personnel records in the custody of the National 
     Archives as of the date of enactment of this Act that remain 
     classified, in whole or in part;
       (B) notify a Government office if the Archivist locates and 
     identifies a record of the Government office under 
     subparagraph (A); and
       (C) make each classified missing Armed Forces and civilian 
     personnel record located and identified under subparagraph 
     (A) available for review by Executive agencies through the 
     National Declassification Center established under Executive 
     Order 13526 or any successor order.
       (4) Records already public.--A missing Armed Forces and 
     civilian personnel record that is in the custody of the 
     National Archives on the date of enactment of this Act and 
     that has been publicly available in its entirety without 
     redaction shall be made available in the Collection without 
     any additional review by the Archivist, the Review Board, or 
     any other Government office under this subtitle.
       (5) Exemptions.--
       (A) Department of defense pow/mia accounting agency.--The 
     Defense POW/MIA Accounting Agency (DPAA) is exempt from the 
     requirement under this subsection to declassify and transmit 
     to the Archivist documents in its custody or control that 
     pertain to a specific case or cases that DPAA is actively 
     investigating or developing for the purpose of locating, 
     disinterring, or identifying a missing member of the Armed 
     Forces
       (B) Department of defense military service casualty offices 
     and department of state service casualty offices.--The 
     Department of Defense Military Service Casualty Offices and 
     the Department of State Service Casualty Offices are exempt 
     from the requirement to declassify and transmit to the 
     Archivist documents in their custody or control that pertain 
     to individual cases with respect to which the office is 
     lending support and assistance to the families of missing 
     individuals.
       (c) Transmission to the National Archives.--Each Government 
     office shall--
       (1) not later than 180 days after confirmation of the 
     initial members of the Missing Armed Forces and Civilian 
     Personnel Records Review Board, commence transmission to the 
     Archivist of copies of the missing Armed Forces and civilian 
     personnel records in the custody, possession, or control of 
     the Government office; and
       (2) not later than 1 year after confirmation of the initial 
     members of the Missing Armed Forces and Civilian Personnel 
     Records Review Board, complete transmission to the Archivist 
     of copies of all missing Armed Forces and civilian personnel 
     records in the possession or control of the Government 
     office.
       (d) Periodic Review of Postponed Missing Armed Forces and 
     Civilian Personnel Records.--
       (1) In general.--All missing Armed Forces and civilian 
     personnel records, or information within a missing Armed 
     Forces and civilian personnel record, the public disclosure 
     of which has been postponed under the standards under this 
     subtitle shall be reviewed by the originating body--
       (A)(i) periodically, but not less than every 5 years, after 
     the date on which the Review Board terminates under section 
     1097(o); and
       (ii) at the direction of the Archivist; and
       (B) consistent with the recommendations of the Review Board 
     under section 1099(b)(3)(B).
       (2) Contents.--
       (A) In general.--A periodic review of a missing Armed 
     Forces and civilian personnel record, or information within a 
     missing Armed Forces and civilian personnel record, by the 
     originating body shall address the public disclosure of the 
     missing Armed Forces and civilian personnel record under the 
     standards under this subtitle.
       (B) Continued postponement.--If an originating body 
     conducting a periodic review of a missing Armed Forces and 
     civilian personnel record, or information within a missing 
     Armed Forces and civilian personnel record, the public 
     disclosure of which has been postponed under the standards 
     under this subtitle, determines that continued postponement 
     is required, the originating body shall provide to the 
     Archivist an unclassified written description of the reason 
     for the continued postponement that the Archivist shall 
     highlight and make accessible on a publicly accessible 
     website administered by the National Archives.
       (C) Scope.--The periodic review of postponed missing Armed 
     Forces and civilian personnel records, or information within 
     a missing Armed Forces and civilian personnel record, shall 
     serve the purpose stated in section 1092(b)(2), to provide 
     expeditious public disclosure of missing Armed Forces and 
     civilian personnel records, to the fullest extent possible, 
     subject only to the grounds for postponement of disclosure 
     under section 1096.
       (D) Disclosure absent certification by president.--Not 
     later than 10 years after confirmation of the initial members 
     of the Missing Armed Forces and Civilian Personnel Records 
     Review Board, all missing Armed Forces and civilian personnel 
     records, and information within a missing Armed Forces and 
     civilian personnel record, shall be publicly disclosed in 
     full, and available in the Collection, unless--
       (i) the head of the originating body, Executive agency, or 
     other Government office recommends in writing that continued 
     postponement is necessary;
       (ii) the written recommendation described in clause (i)--

       (I) is provided to the Archivist in unclassified and 
     publicly releasable form not later than 180 days before the 
     date that is 10 years after confirmation of the initial 
     members of the Missing Armed Forces and Civilian Personnel 
     Records Review Board; and
       (II) includes--

       (aa) a justification of the recommendation to postpone 
     disclosure with clear and convincing evidence that the 
     identifiable harm is of such gravity that it outweighs the 
     public interest in disclosure; and
       (bb) a recommended specified time at which or a specified 
     occurrence following which the material may be appropriately 
     disclosed to the public under this subtitle;
       (iii) the Archivist transmits all recommended postponements 
     and the recommendation of the Archivist to the President not 
     later than 90 days before the date that is 10 years after the 
     date of confirmation of the initial members of the Missing 
     Armed Forces and Civilian Personnel Records Review Board; and
       (iv) the President transmits to the Archivist a 
     certification indicating that continued postponement is 
     necessary and the identifiable harm, as demonstrated by clear 
     and convincing evidence, is of such gravity that it outweighs 
     the public interest in disclosure not later than the date 
     that is 10 years after confirmation of the initial members of 
     the Missing Armed Forces and Civilian Personnel Records 
     Review Board.

     SEC. 1096. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   RECORDS.

       (a) In General.--Disclosure to the public of a missing 
     Armed Forces and civilian personnel record or particular 
     information in a missing Armed Forces and civilian personnel 
     record created after the date that is 25 years before the 
     date of the review of the missing Armed Forces and civilian 
     personnel record by the Archivist may be postponed subject to 
     the limitations under this subtitle only--
       (1) if it pertains to--
       (A) military plans, weapons systems, or operations;
       (B) foreign government information;
       (C) intelligence activities (including covert action), 
     intelligence sources or methods, or cryptology;
       (D) foreign relations or foreign activities of the United 
     States, including confidential sources;
       (E) scientific, technological, or economic matters relating 
     to the national security;
       (F) United States Government programs for safeguarding 
     nuclear materials or facilities;
       (G) vulnerabilities or capabilities of systems, 
     installations, infrastructures, projects, plans, or 
     protection services relating to the national security; or
       (H) the development, production, or use of weapons of mass 
     destruction; and
       (2) the threat posed by the public disclosure of the 
     missing Armed Forces and civilian personnel record or 
     information is of such gravity that it outweighs the public 
     interest in disclosure.
       (b) Older Records.--Disclosure to the public of a missing 
     Armed Forces and civilian personnel record or particular 
     information in a missing Armed Forces and civilian personnel 
     record created on or before the date that is 25 years before 
     the date of the review of the missing Armed Forces and 
     civilian

[[Page S2657]]

     personnel record by the Archivist may be postponed subject to 
     the limitations under this subtitle only if, as demonstrated 
     by clear and convincing evidence--
       (1) the release of the information would be expected to--
       (A) reveal the identity of a confidential human source, a 
     human intelligence source, a relationship with an 
     intelligence or security service of a foreign government or 
     international organization, or a nonhuman intelligence 
     source, or impair the effectiveness of an intelligence method 
     currently in use, available for use, or under development;
       (B) reveal information that would impair United States 
     cryptologic systems or activities;
       (C) reveal formally named or numbered United States 
     military war plans that remain in effect, or reveal 
     operational or tactical elements of prior plans that are 
     contained in such active plans; or
       (D) reveal information, including foreign government 
     information, that would cause serious harm to relations 
     between the United States and a foreign government, or to 
     ongoing diplomatic activities of the United States; and
       (2) the threat posed by the public disclosure of the 
     missing Armed Forces and civilian personnel record or 
     information is of such gravity that it outweighs the public 
     interest in disclosure.
       (c) Exception.--Regardless of the date on which a missing 
     Armed Forces and civilian personnel record was created, 
     disclosure to the public of information in the missing Armed 
     Forces and civilian personnel record may be postponed if--
       (1) the public disclosure of the information would reveal 
     the name or identity of a living person who provided 
     confidential information to the United States and would pose 
     a substantial risk of harm to that person;
       (2) the public disclosure of the information could 
     reasonably be expected to constitute an unwarranted invasion 
     of personal privacy, and that invasion of privacy is so 
     substantial that it outweighs the public interest;
       (3) the public disclosure of the information could 
     reasonably be expected to cause harm to the methods currently 
     in use or available for use by members of the Armed Forces to 
     survive, evade, resist, or escape; or
       (4) the public disclosure of such information would 
     conflict with United States law or regulations.

     SEC. 1097. ESTABLISHMENT AND POWERS OF THE MISSING ARMED 
                   FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW 
                   BOARD.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch a board to be known as 
     the ``Missing Armed Forces and Civilian Personnel Records 
     Review Board''.
       (b) Membership.--
       (1) Appointments.--The President shall appoint, by and with 
     the advice and consent of the Senate, 5 individuals to serve 
     as a member of the Review Board to ensure and facilitate the 
     review, transmission to the Archivist, and public disclosure 
     of missing Armed Forces and civilian personnel records.
       (2) Qualifications.--The President shall appoint 
     individuals to serve as members of the Review Board--
       (A) without regard to political affiliation;
       (B) who are citizens of the United States of integrity and 
     impartiality;
       (C) who are not an employee of an Executive agency on the 
     date of the appointment;
       (D) who have high national professional reputation in their 
     fields who are capable of exercising the independent and 
     objective judgment necessary to the fulfillment of their role 
     in ensuring and facilitating the identification, location, 
     review, transmission to the Archivist, and public disclosure 
     of missing Armed Forces and civilian personnel records;
       (E) who possess an appreciation of the value of missing 
     Armed Forces and civilian personnel records to scholars, the 
     Federal Government, and the public, particularly families of 
     missing Armed Forces and civilian personnel;
       (F) not less than 1 of whom is a professional historian; 
     and
       (G) not less than 1 of whom is an attorney.
       (3) Deadlines.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit nominations 
     for all members of the Review Board.
       (B) Confirmation rejected.--If the Senate votes not to 
     confirm a nomination to serve as a member of the Review 
     Board, not later than 90 days after the date of the vote the 
     President shall submit the nomination of an additional 
     individual to serve as a member of the Review Board.
       (4) Consultation.--The President shall make nominations to 
     the Review Board after considering individuals recommended by 
     the American Historical Association, the Organization of 
     American Historians, the Society of American Archivists, the 
     American Bar Association, veterans' organizations, and 
     organizations representing families of missing Armed Forces 
     and civilian personnel.
       (c) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be a member of the Review Board, 
     seeking security clearances necessary to carry out the duties 
     of the Review Board, is expeditiously reviewed and granted or 
     denied.
       (d) Confirmation.--
       (1) Hearings.--Not later than 30 days on which the Senate 
     is in session after the date on which not less than 3 
     individuals have been nominated to serve as members of the 
     Review Board, the Committee on Homeland Security and 
     Governmental Affairs of the Senate shall hold confirmation 
     hearings on the nominations.
       (2) Committee vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs holds a 
     confirmation hearing on the nomination of an individual to 
     serve as a member of the Review Board, the committee shall 
     vote on the nomination and report the results to the full 
     Senate immediately.
       (3) Senate vote.--Not later than 14 days on which the 
     Senate is in session after the date on which the Committee on 
     Homeland Security and Governmental Affairs reports the 
     results of a vote on a nomination of an individual to serve 
     as a member of the Review Board, the Senate shall vote on the 
     confirmation of the nominee.
       (e) Vacancy.--Not later than 60 days after the date on 
     which a vacancy on the Review Board occurs, the vacancy shall 
     be filled in the same manner as specified for original 
     appointment.
       (f) Chairperson.--The members of the Review Board shall 
     elect a member as Chairperson at the initial meeting of the 
     Review Board.
       (g) Removal of Review Board Member.--
       (1) In general.--A member of the Review Board shall not be 
     removed from office, other than--
       (A) by impeachment by Congress; or
       (B) by the action of the President for inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the member's duties.
       (2) Judicial review.--
       (A) In general.--A member of the Review Board removed from 
     office may obtain judicial review of the removal in a civil 
     action commenced in the United States District Court for the 
     District of Columbia.
       (B) Relief.--The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (h) Compensation of Members.--
       (1) Basic pay.--A member of the Review Board shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (i) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     a decision on a determination by a Government office to seek 
     to postpone the disclosure of a missing Armed Forces and 
     civilian personnel record, in whole or in part.
       (2) Records.--In carrying out paragraph (1), the Review 
     Board shall consider and render a decision regarding--
       (A) whether a record constitutes a missing Armed Forces and 
     civilian personnel record; and
       (B) whether a missing Armed Forces and civilian personnel 
     record, or particular information in a missing Armed Forces 
     and civilian personnel record, qualifies for postponement of 
     disclosure under this subtitle.
       (j) Powers.--The Review Board shall have the authority to 
     act in a manner prescribed under this subtitle, including 
     authority to--
       (1) direct Government offices to transmit to the Archivist 
     missing Armed Forces and civilian personnel records as 
     required under this subtitle;
       (2) direct Government offices to transmit to the Archivist 
     substitutes and summaries of missing Armed Forces and 
     civilian personnel records that can be publicly disclosed to 
     the fullest extent for any missing Armed Forces and civilian 
     personnel record that is proposed for postponement in full or 
     that is substantially redacted;
       (3) obtain access to missing Armed Forces and civilian 
     personnel records that have been identified by a Government 
     office;
       (4) direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals, which the Review Board has reason to 
     believe is required to fulfill its functions and 
     responsibilities under this subtitle;
       (5) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Review Board considers advisable 
     to carry out its responsibilities under this subtitle;
       (6) hold individuals in contempt for failure to comply with 
     directives and mandates issued by the Review Board under this 
     subtitle, which shall not include the authority to imprison 
     or fine any individual;
       (7) require any Government office to account in writing for 
     the destruction of any records relating to the loss, fate, or 
     status of missing Armed Forces and civilian personnel;

[[Page S2658]]

       (8) receive information from the public regarding the 
     identification and public disclosure of missing Armed Forces 
     and civilian personnel records; and
       (9) make a final determination regarding whether a missing 
     Armed Forces and civilian personnel record will be disclosed 
     to the public or disclosure of the missing Armed Forces and 
     civilian personnel record to the public will be postponed, 
     notwithstanding the determination of an Executive agency.
       (k) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of section 
     6001 of title 18, United States Code.
       (l) Oversight.--
       (1) In general.--The Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives shall 
     have--
       (A) continuing oversight jurisdiction with respect to the 
     official conduct of the Review Board and the disposition of 
     postponed records after termination of the Review Board; and
       (B) upon request, access to any records held or created by 
     the Review Board.
       (2) Duty of review board.--The Review Board shall have the 
     duty to cooperate with the exercise of oversight jurisdiction 
     under paragraph (1).
       (m) Support Services.--The Administrator of the General 
     Services Administration shall provide administrative services 
     for the Review Board on a reimbursable basis.
       (n) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (o) Termination and Winding Up.--
       (1) In general.--Two years after the date of enactment of 
     this Act, the Review Board shall, by majority vote, determine 
     whether all Government offices have complied with the 
     obligations, mandates, and directives under this subtitle.
       (2) Termination date.--The Review Board shall terminate on 
     the date that is 4 years after the date of swearing in of the 
     Board members.
       (3) Report.--Before the termination of the Review Board 
     under paragraph (2), the Review Board shall submit to 
     Congress reports, including a complete and accurate 
     accounting of expenditures during its existence, and shall 
     complete all other reporting requirements under this 
     subtitle.
       (4) Records.--Upon termination of the Review Board, the 
     Review Board shall transfer all records of the Review Board 
     to the Archivist for inclusion in the Collection, and no 
     record of the Review Board shall be destroyed.

     SEC. 1098. MISSING ARMED FORCES AND CIVILIAN PERSONNEL 
                   RECORDS REVIEW BOARD PERSONNEL.

       (a) Executive Director.--
       (1) In general.--Not later than 45 days after the initial 
     meeting of the Review Board, the Review Board shall appoint 
     an individual to the position of Executive Director.
       (2) Qualifications.--The individual appointed as Executive 
     Director of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality;
       (B) shall be appointed without regard to political 
     affiliation; and
       (C) shall not have any conflict of interest with the 
     mission of the Review Board.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as Executive Director until after the 
     date on which the individual qualifies for the necessary 
     security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual nominated to be Executive Director, seeking 
     security clearances necessary to carry out the duties of the 
     Executive Director, is expeditiously reviewed and granted or 
     denied.
       (4) Duties.--The Executive Director shall--
       (A) serve as principal liaison to Government offices;
       (B) be responsible for the administration and coordination 
     of the review of records by the Review Board;
       (C) be responsible for the administration of all official 
     activities conducted by the Review Board; and
       (D) not have the authority to decide or determine whether 
     any record should be disclosed to the public or postponed for 
     disclosure.
       (5) Removal.--The Executive Director may be removed by a 
     majority vote of the Review Board.
       (b) Staff.--
       (1) In general.--The Review Board may, in accordance with 
     the civil service laws, but without regard to civil service 
     law and regulation for competitive service as defined in 
     subchapter I of chapter 33 of title 5, United States Code, 
     appoint and terminate additional employees as are necessary 
     to enable the Review Board and the Executive Director to 
     perform their duties under this subtitle.
       (2) Qualifications.--An individual appointed to a position 
     as an employee of the Review Board--
       (A) shall be a citizen of the United States of integrity 
     and impartiality; and
       (B) shall not have had any previous involvement with any 
     official investigation or inquiry relating to the loss, fate, 
     or status of missing Armed Forces and civilian personnel.
       (3) Security clearance.--
       (A) Limit on appointment.--The Review Board shall not 
     appoint an individual as an employee of the Review Board 
     until after the date on which the individual qualifies for 
     the necessary security clearance.
       (B) Expedited provision.--The appropriate departments, 
     agencies, and elements of the executive branch of the Federal 
     Government shall cooperate to ensure that an application by 
     an individual who is a candidate for a position with the 
     Review Board, seeking security clearances necessary to carry 
     out the duties of the position, is expeditiously reviewed and 
     granted or denied.
       (c) Compensation.--The Review Board shall fix the 
     compensation of the Executive Director and other employees of 
     the Review Board without regard to chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the Executive Director and 
     other employees may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (d) Advisory Committees.--
       (1) In general.--The Review Board may create 1 or more 
     advisory committees to assist in fulfilling the 
     responsibilities of the Review Board under this subtitle.
       (2) Applicability of faca.--Any advisory committee created 
     by the Review Board shall be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. 1099. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND 
                   CIVILIAN PERSONNEL RECORDS REVIEW BOARD.

       (a) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date on which all 
     members are sworn in, publish an initial schedule for review 
     of all missing Armed Forces and civilian personnel records, 
     which the Archivist shall highlight and make available on a 
     publicly accessible website administered by the National 
     Archives; and
       (2) not later than 180 days after the swearing in of the 
     Board members, begin reviewing of missing Armed Forces and 
     civilian personnel records, as necessary, under this 
     subtitle.
       (b) Determination of the Review Board.--
       (1) In general.--The Review Board shall direct that all 
     records that relate, directly or indirectly, to the loss, 
     fate, or status of missing Armed Forces and civilian 
     personnel be transmitted to the Archivist and disclosed to 
     the public in the Collection in the absence of clear and 
     convincing evidence that the record is not a missing Armed 
     Forces and civilian personnel record.
       (2) Postponement.--In approving postponement of public 
     disclosure of a missing Armed Forces and civilian personnel 
     record, or information within a missing Armed Forces and 
     civilian personnel record, the Review Board shall seek to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of the missing Armed Forces and 
     civilian personnel record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     subtitle, which of the following alternative forms of 
     disclosure shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     missing Armed Forces and civilian personnel record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a missing Armed Forces and civilian 
     personnel record.
       (3) Reporting.--With respect to a missing Armed Forces and 
     civilian personnel record, or information within a missing 
     Armed Forces and civilian personnel record, the public 
     disclosure of which is postponed under this subtitle, or for 
     which only substitutions or summaries have been disclosed to 
     the public, the Review Board shall create and transmit to the 
     Archivist an unclassified and publicly releasable report 
     containing--
       (A) a description of actions by the Review Board, the 
     originating body, or any Government office (including a 
     justification of any such action to postpone disclosure of 
     any record or part of any record) and of any official 
     proceedings conducted by the Review Board; and
       (B) a statement, based on a review of the proceedings and 
     in conformity with the decisions reflected therein, 
     designating a recommended specified time at which, or a 
     specified occurrence following which, the material may be 
     appropriately disclosed to the public under this subtitle, 
     which the Review Board shall disclose to the public with 
     notice thereof, reasonably calculated to make interested 
     members of the public aware of the existence of the 
     statement.
       (4) Actions after determination.--
       (A) In general.--Not later than 30 days after the date of a 
     determination by the Review Board that a missing Armed Forces 
     and civilian personnel record shall be publicly disclosed in 
     the Collection or postponed for disclosure and held in the 
     protected Collection, the Review Board shall notify the head 
     of the originating body of the determination and highlight 
     and make available the determination on a publicly accessible 
     website reasonably calculated to make interested members of 
     the public aware of the existence of the determination.
       (B) Oversight notice.--Simultaneous with notice under 
     subparagraph (A), the Review

[[Page S2659]]

     Board shall provide notice of a determination concerning the 
     public disclosure or postponement of disclosure of a missing 
     Armed Forces and civilian personnel record, or information 
     contained within a missing Armed Forces and civilian 
     personnel record, which shall include a written unclassified 
     justification for public disclosure or postponement of 
     disclosure, including an explanation of the application of 
     any standards in section 1096 to the President, to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on Oversight and Reform of the 
     House of Representatives.
       (5) Referral after termination.--A missing Armed Forces and 
     civilian personnel record that is identified, located, or 
     otherwise discovered after the date on which the Review Board 
     terminates shall be transmitted to the Archivist for the 
     Collection and referred to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives for review, ongoing oversight and, as 
     warranted, referral for possible enforcement action relating 
     to a violation of this subtitle and determination as to 
     whether declassification of the missing Armed Forces and 
     civilian personnel is warranted under this subtitle.
       (c) Notice to Public.--Every 30 days, beginning on the date 
     that is 60 days after the date on which the Review Board 
     first approves the postponement of disclosure of a missing 
     Armed Forces and civilian personnel record, the Review Board 
     shall highlight and make accessible on a publicly available 
     website reasonably calculated to make interested members of 
     the public aware of the existence of the postponement a 
     notice that summarizes the postponements approved by the 
     Review Board, including a description of the subject, 
     originating body, length or other physical description, and 
     each ground for postponement that is relied upon.
       (d) Reports by the Review Board.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until the 
     Review Board terminates, the Review Board shall submit a 
     report regarding the activities of the Review Board to--
       (A) the Committee on Oversight and Reform of the House of 
     Representatives;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the President;
       (D) the Archivist; and
       (E) the head of any Government office the records of which 
     have been the subject of Review Board activity.
       (2) Contents.--Each report under paragraph (1) shall 
     include the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     employees.
       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of missing Armed Forces and 
     civilian personnel records.
       (C) The estimated time and volume of missing Armed Forces 
     and civilian personnel records involved in the completion of 
     the duties of the Review Board under this subtitle.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to carry out its duties under 
     this subtitle.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized under this subtitle, and a record of the 
     volume of records reviewed and postponed.
       (F) Suggestions and requests to Congress for additional 
     legislative authority needs.
       (G) An appendix containing copies of reports relating to 
     postponed records submitted to the Archivist under subsection 
     (b)(3) since the end of the period covered by the most recent 
     report under paragraph (1).
       (3) Termination notice.--Not later than 90 days before the 
     Review Board expects to complete the work of the Review Board 
     under this subtitle, the Review Board shall provide written 
     notice to Congress of the intent of the Review Board to 
     terminate operations at a specified date.

     SEC. 1099A. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
                   STUDY.

       (a) Materials Under Seal of Court.--
       (1) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States or of a 
     foreign country to release any information relevant to the 
     loss, fate, or status of missing Armed Forces and civilian 
     personnel that is held under seal of the court.
       (2) Grand jury information.--
       (A) In general.--The Review Board may request the Attorney 
     General to petition any court of the United States to release 
     any information relevant to loss, fate, or status of missing 
     Armed Forces and civilian personnel that is held under the 
     injunction of secrecy of a grand jury.
       (B) Treatment.--A request for disclosure of missing Armed 
     Forces and civilian personnel materials under this subtitle 
     shall be deemed to constitute a showing of particularized 
     need under rule 6 of the Federal Rules of Criminal Procedure.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under seal by a court or 
     under the injunction of secrecy of a grand jury;
       (2) the Secretary of State should--
       (A) contact the Governments of the Russian Federation, the 
     People's Republic of China, and the Democratic People's 
     Republic of Korea to seek the disclosure of all records in 
     their respective custody, possession, or control relevant to 
     the loss, fate, or status of missing Armed Forces and 
     civilian personnel; and
       (B) contact any other foreign government that may hold 
     information relevant to the loss, fate, or status of missing 
     Armed Forces and civilian personnel, and seek disclosure of 
     such information; and
       (3) all agencies should cooperate in full with the Review 
     Board to seek the disclosure of all information relevant to 
     the loss, fate, or status of missing Armed Forces and 
     civilian personnel consistent with the public interest.

     SEC. 1099B. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this subtitle requires 
     transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other law 
     (except section 6103 of the Internal Revenue Code of 1986), 
     judicial decision construing such law, or common law doctrine 
     that would otherwise prohibit such transmission or 
     disclosure, with the exception of deeds governing access to 
     or transfer or release of gifts and donations of records to 
     the United States Government.
       (b) Freedom of Information Act.--Nothing in this subtitle 
     shall be construed to eliminate or limit any right to file 
     requests with any Executive agency or seek judicial review of 
     the decisions under section 552 of title 5, United States 
     Code.
       (c) Judicial Review.--Nothing in this subtitle shall be 
     construed to preclude judicial review under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this subtitle.
       (d) Existing Authority.--Nothing in this subtitle revokes 
     or limits the existing authority of the President, any 
     Executive agency, the Senate, or the House of 
     Representatives, or any other entity of the Government to 
     publicly disclose records in its custody, possession, or 
     control.
       (e) Rules of the Senate and House of Representatives.--To 
     the extent that any provision of this subtitle establishes a 
     procedure to be followed in the Senate or the House of 
     Representatives, such provision is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 1099C. REQUESTS FOR EXTENSIONS.

       The head of a Government office required to comply with a 
     deadline under this subtitle that is based off the 
     confirmation date of the members of the Missing Armed Forces 
     and Civilian Personnel Records Review Board may request an 
     extension from the Board for good cause. If the Board agrees 
     to the request, the deadline applicable to the Government 
     office for the purpose of such requirement shall be such 
     later date as the Board may determine appropriate.

     SEC. 1099D. TERMINATION OF EFFECT OF SUBTITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this subtitle that pertain to the appointment 
     and operation of the Review Board shall cease to be effective 
     when the Review Board and the terms of its members have 
     terminated under section 1097(o).
       (b) Other Provisions.--The remaining provisions of this 
     subtitle shall continue in effect until such time as the 
     Archivist certifies to the President and Congress that all 
     missing Armed Forces and civilian personnel records have been 
     made available to the public in accordance with this 
     subtitle.

     SEC. 1099E. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle, to remain available 
     until expended.

     SEC. 1099F. SEVERABILITY.

       If any provision of this subtitle, or the application 
     thereof to any person or circumstance, is held invalid, the 
     remainder of this subtitle and the application of that 
     provision to other persons not similarly situated or to other 
     circumstances shall not be affected by the invalidation.
                                 ______
                                 
  SA 521. Mr. THUNE 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. 2__. NAVAL INTEGRATED FIRE CONTROL-COUNTER AIR SYSTEMS 
                   ENGINEERING.

       (a) Funding.--The amount authorized to be appropriated for 
     fiscal year 2024 by section

[[Page S2660]]

     201 for research, development, test, and evaluation is hereby 
     increased by $10,000,000, with the amount of the increase to 
     be available for Naval Integrated Fire Control-Counter Air 
     Systems Engineering (PE 0604378N).
       (b) Availability.--The amount available under subsection 
     (a) shall be available for procurement of stratospheric 
     balloons.
       (c) Offset.--The amount authorized to be appropriated for 
     fiscal year 2024 by section 301 for operation and maintenance 
     is hereby reduced by $10,000,000, with the amount of the 
     decrease to be taken from the availability of amounts for 
     Washington Headquarters Services specified in section 4301, 
     line 530.
                                 ______
                                 
  SA 522. 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:

       In section 865(a)(1), strike ``relevant''.
       At the end of section 865(a)(2), add the following:
       (F) An assessment of mining schools with a demonstrated 
     record of accomplishment in critical mineral research and 
     development.
       At the end of section 865(a)(1), add the following: ``The 
     plan should focus on mining schools that are minority-serving 
     institutions (as described in paragraphs (1) through (7) of 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).''.
       At the end of section 865(b)(2), add the following:
       (D) Supporting undergraduate and graduate students of 
     mining schools to participate in appropriate educational and 
     career development activities.
                                 ______
                                 
  SA 523. Mr. RUBIO 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. ___. INVESTMENT OF THRIFT SAVINGS FUND.

       Section 8438 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(i)(1) In this subsection--
       ``(A) the term `country of concern' means any country 
     (including any special administrative region of such country) 
     identified as a threat to the national security of the United 
     States in the most recent report submitted by the Director of 
     National Intelligence under section 108B of the National 
     Security Act of 1947 (50 U.S.C. 3043b) (commonly referred to 
     as the `Annual Threat Assessment');
       ``(B) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
       ``(C) the term `national securities exchange' means an 
     exchange that is registered pursuant to section 6 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78f);
       ``(D) the term `publicly listed company' means an issuer, 
     the securities of which are listed on a national securities 
     exchange; and
       ``(E) the term `security of concern' means a security--
       ``(i) that is listed on an exchange in a country of 
     concern;
       ``(ii) the issuer with respect to which is incorporated in, 
     or otherwise subject to the jurisdiction of the government 
     of, a country of concern; or
       ``(iii) more than 50 percent of the revenue of the issuer 
     with respect to which is--
       ``(I) generated in a country of concern;
       ``(II) consolidated under generally accepted accounting 
     principles in the United States; and
       ``(III) after the consolidation described in subclause 
     (II), incorporated into the financial statement of a publicly 
     listed company.
       ``(2) Notwithstanding any other provision of this section, 
     no sums in the Thrift Savings Fund may be invested in any 
     security of concern, without regard to--
       ``(A) the exchange through which the security of concern is 
     purchased; or
       ``(B) whether the security of concern is purchased--
       ``(i) in synthetic form, such as through an equity swap or 
     similar financial instrument; or
       ``(ii) through a mutual fund made available through any 
     mutual fund window added pursuant to subsection (b)(5).
       ``(3) The Executive Director shall consult with the 
     Securities and Exchange Commission on a biennial basis in 
     order to ensure compliance with paragraph (2).
       ``(4) Not later than 1 year after the date of enactment of 
     this subsection, the Executive Director shall certify to 
     Congress that no sums in the Thrift Savings Fund are invested 
     in any security of concern.''.
                                 ______
                                 
  SA 524. Mr. RUBIO 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. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       (a) Identification of Vulnerabilities and Leverage.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the President shall submit to the appropriate committees 
     of Congress a report that identifies--
       (1) goods and services from the United States that are 
     relied on by the People's Republic of China such that that 
     reliance presents a strategic opportunity and source of 
     leverage against the People's Republic of China, including 
     during a conflict; and
       (2) procurement practices of the United States Government 
     that are reliant on trade with the People's Republic of China 
     and other inputs from the People's Republic of China, such 
     that that reliance presents a strategic vulnerability and 
     source of leverage that the Chinese Communist Party could 
     exploit, including during a conflict.
       (b) Strategy To Respond to Coercive Action.--
       (1) In general.--Not later than 180 days after the 
     submission of the report required by subsection (a), the 
     President shall submit to the appropriate committees of 
     Congress a report, utilizing the findings of the report 
     required by subsection (a), that describes a comprehensive 
     sanctions strategy to advise policymakers on policies the 
     United States and allies and partners of the United States 
     could adopt with respect to the People's Republic of China in 
     response to any coercive action, including an invasion, by 
     the People's Republic of China that infringes upon the 
     territorial sovereignty of Taiwan by preventing access to 
     international waterways, airspace, or telecommunications 
     networks.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include policies that--
       (A) restrict the access of the People's Liberation Army to 
     oil, natural gas, munitions, and other supplies needed to 
     conduct military operations against Taiwan, United States 
     facilities in the Pacific and Indian Oceans, and allies and 
     partners of the United States in the region;
       (B) diminish the capacity of the industrial base of the 
     People's Republic of China to manufacture and deliver defense 
     articles to replace those lost in operations of the People's 
     Liberation Army against Taiwan, the United States, and allies 
     and partners of the United States;
       (C) inhibit the ability of the People's Republic of China 
     to evade United States and multilateral sanctions through 
     third parties, including through secondary sanctions;
       (D) identify specific sanctions-related tools that may be 
     effective in responding to coercive action described in 
     paragraph (1) and assess the feasibility of the use and 
     impact of the use of those tools;
       (E) identify and resolve potential impediments to 
     coordinating sanctions-related efforts with respect to 
     responding to or deterring aggression against Taiwan with 
     allies and partners of the United States;
       (F) identify industries, sectors, or goods and services 
     with respect to which the United States, working with allies 
     and partners of the United States, can take coordinated 
     action through sanctions or other economic tools that will 
     have a significant negative impact on the economy of the 
     People's Republic of China; and
       (G) identify tactics used by the Government of the People's 
     Republic of China to influence the public in the United 
     States and Taiwan through propaganda and disinformation 
     campaigns, including such campaigns focused on delegitimizing 
     Taiwan or legitimizing a forceful action by the People's 
     Republic of China against Taiwan.
       (c) Recommendations for Reduction of Vulnerabilities and 
     Leverage.--Not later than 180 days after the submission of 
     the report required by subsection (a), the President shall 
     submit to the appropriate committees of Congress a report 
     that--
       (1) identifies critical sectors within the United States 
     economy that rely on trade with the People's Republic of 
     China and other inputs from the People's Republic of China 
     (including active pharmaceutical ingredients, rare earth 
     minerals, and metallurgical inputs), such that those sectors 
     present a strategic vulnerability and source of leverage that 
     the Chinese Communist Party or the People's Republic of China 
     could exploit; and
       (2) makes recommendations to Congress on steps that can be 
     taken to reduce the sources of leverage described in 
     paragraph (1) and subsection (a)(1), including through--
       (A) provision of economic incentives and making other trade 
     and contracting reforms to support United States industry and 
     job growth in critical sectors and to indigenize production 
     of critical resources; and
       (B) policies to facilitate ``near- or friend-shoring'', or 
     otherwise developing strategies to facilitate that process 
     with allies and partners of the United States, in other 
     sectors for which domestic reshoring would prove infeasible 
     for any reason.

[[Page S2661]]

       (d) Form.--The reports required by subsections (a), (b), 
     and (c) shall be submitted in unclassified form but may 
     include a classified annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, the 
     Committee on Finance, the Committee on Banking, Housing, and 
     Urban Affairs, the Committee on Energy and Natural Resources, 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, the 
     Committee on Energy and Commerce, the Committee on Natural 
     Resources, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.
       (f) Rule of Construction on Maintaining One China Policy.--
     Nothing in this section may be construed as a change to the 
     one China policy of the United States, which is guided by the 
     Taiwan Relations Act (22 U.S.C. 3301 et seq.), the three 
     United States-People's Republic of China Joint Communiques, 
     and the Six Assurances.
       (g) Rule of Construction Regarding Not Authorizing the Use 
     of Force.--Nothing in this section may be construed as 
     authorizing the use of military force.
                                 ______
                                 
  SA 525. Mr. RUBIO 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__. FOREIGN PORT SECURITY ASSESSMENTS.

       (a) Short Title.--This section may be cited as the 
     ``International Port Security Enforcement Act''.
       (b) In General.--Section 70108 of title 46, United States 
     Code, is amended--
       (1) in subsection (f)--
       (A) in paragraph (1), by striking ``provided that'' and all 
     that follows and inserting the following: ``if--
       ``(A) the Secretary certifies that the foreign government 
     or international organization--
       ``(i) has conducted the assessment in accordance with 
     subsection (b); and
       ``(ii) has provided the Secretary with sufficient 
     information pertaining to its assessment (including 
     information regarding the outcome of the assessment); and
       ``(B) the foreign government that conducted the assessment 
     is not a state sponsor of terrorism (as defined in section 
     3316(h).''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) Limitations.--Nothing in this section may be 
     construed--
       ``(A) to require the Secretary to treat an assessment 
     conducted by a foreign government or an international 
     organization as an assessment that satisfies the requirement 
     under subsection (a);
       ``(B) to limit the discretion or ability of the Secretary 
     to conduct an assessment under this section;
       ``(C) to limit the authority of the Secretary to repatriate 
     aliens to their respective countries of origin; or
       ``(D) to prevent the Secretary from requesting security and 
     safety measures that the Secretary considers necessary to 
     safeguard Coast Guard personnel during the repatriation of 
     aliens to their respective countries of origin.''; and
       (2) by adding at the end the following:
       ``(g) State Sponsors of Terrorism and International 
     Terrorist Organizations.--The Secretary--
       ``(1) may not enter into an agreement under subsection 
     (f)(2) with--
       ``(A) a foreign government that is a state sponsor of 
     terrorism; or
       ``(B) a foreign terrorist organization; and
       ``(2) shall--
       ``(A) deem any port that is under the jurisdiction of a 
     foreign government that is a state sponsor of terrorism as 
     not having effective antiterrorism measures for purposes of 
     this section and section 70109; and
       ``(B) immediately apply the sanctions described in section 
     70110(a) to such port.''.
                                 ______
                                 
  SA 526. Mr. RUBIO 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. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR 
                   DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT 
                   ABUSE.

       (a) Covered Punitive Actions.--Subsection (b) of section 
     1059 of title 10, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``; or'' and inserting 
     a semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) who is--
       ``(A) convicted of a dependent-abuse offense in a district 
     court of the United States or a State court; and
       ``(B) separated from active duty pursuant to a sentence of 
     a court-martial, or administratively separated, voluntarily 
     or involuntarily, from active duty, for an offense other than 
     the dependent-abuse offense.''.
       (b) Commencement of Payment.--Subsection (e)(1) of such 
     section is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by inserting after 
     ``offense'' the following: ``or an offense described in 
     subsection (b)(3)(B)''; and
       (B) in clause (ii), by striking ``; and'' and inserting a 
     semicolon; and
       (2) in subparagraph (B), by striking ``(if the basis'' and 
     all that follows through ``offense)''.
       (c) Definition of Dependent Child.--Subsection (l) of such 
     section is amended, in the matter preceding paragraph (1)--
       (1) by striking ``resulting in the separation of the former 
     member or'' and inserting ``referred to in subsection (b) 
     or''; and
       (2) by striking ``resulting in the separation of the former 
     member and'' and inserting ``and''.
       (d) Delegation of Determinations Relating to Exceptional 
     Eligibility.--Subsection (m)(4) of such section is amended to 
     read as follows:
       ``(4) The Secretary concerned may delegate the authority 
     under paragraph (1) to authorize eligibility for benefits 
     under this section for dependents and former dependents of a 
     member or former member to the first general or flag officer 
     (or civilian equivalent) in the chain of command of the 
     member.''.
                                 ______
                                 
  SA 527. Mr. RUBIO 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. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                   AGREEMENTS WITH PRIVATE AND COMMERCIAL ENTITIES 
                   AND STATE GOVERNMENTS TO PROVIDE CERTAIN 
                   SUPPLIES, SUPPORT, AND SERVICES.

       Section 20113 of title 51, United States Code, is amended 
     by adding at the end the following:
       ``(o) Agreements With Commercial Entities and State 
     Governments.--The Administration--
       ``(1) may enter into an agreement with a private or 
     commercial entity or a State government to provide the entity 
     or State government with supplies, support, and services 
     related to private, commercial, or State government space 
     activities carried on at a property owned or operated by the 
     Administration; and
       ``(2) on request by such an entity or State government, may 
     include such supplies, support, and services in the 
     requirements of the Administration if--
       ``(A) the Administrator determines that the inclusion of 
     such supplies, support, or services in such requirements--
       ``(i) is in the best interest of the Federal Government;
       ``(ii) does not interfere with the requirements of the 
     Administration; and
       ``(iii) does not compete with the commercial space 
     activities of other such entities or State governments; and
       ``(B) the Administration has full reimbursable funding from 
     the entity or State government that requested such supplies, 
     support, and services before making any obligation for the 
     delivery of the supplies, support, or services under an 
     Administration procurement contract or any other 
     agreement.''.
                                 ______
                                 
  SA 528. Mr. RUBIO 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 of 
     division A, insert the following:

     SEC. __. PROHIBITION ON AFFILIATION WITH THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--Section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)) is amended by adding at the end the following:
       ``(10) Prohibition on affiliation with the people's 
     republic of china.--For purposes of this Act, a small 
     business concern may not--
       ``(A) be headquartered in the People's Republic of China; 
     or

[[Page S2662]]

       ``(B) have more than 25 percent of the voting stock of the 
     small business concern owned by affiliates that are citizens 
     of the People's Republic of China.''.
                                 ______
                                 
  SA 529. Mr. RUBIO (for himself and Mr. Kaine) 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 __--North Korean Human Rights

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``North Korean Human 
     Rights Reauthorization Act of 2023''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) The North Korean Human Rights Act of 2004 (Public Law 
     108-333; 22 U.S.C. 7801 et seq.) and subsequent 
     reauthorizations of such Act were the product of broad, 
     bipartisan consensus regarding the promotion of human rights, 
     documentation of human rights violations, transparency in the 
     delivery of humanitarian assistance, and the importance of 
     refugee protection.
       (2) The human rights and humanitarian conditions within 
     North Korea remain deplorable and have been intentionally 
     perpetuated against the people of North Korea through 
     policies endorsed and implemented by Kim Jong-un and the 
     Workers' Party of Korea.
       (3) According to a 2014 report released by the United 
     Nations Human Rights Council's Commission of Inquiry on Human 
     Rights in the Democratic People's Republic of Korea, between 
     80,000 and 120,000 children, women, and men were being held 
     in political prison camps in North Korea, where they were 
     subjected to deliberate starvation, forced labor, executions, 
     torture, rape, forced abortion, and infanticide.
       (4) North Korea continues to hold a number of South Koreans 
     and Japanese abducted after the signing of the Agreement 
     Concerning a Military Armistice in Korea, signed at Panmunjom 
     July 27, 1953 (commonly referred to as the ``Korean War 
     Armistice Agreement''), and refuses to acknowledge the 
     abduction of more than 100,000 South Koreans during the 
     Korean War in violation of the Geneva Convention.
       (5) Human rights violations in North Korea, which include 
     forced starvation, sexual violence against women and 
     children, restrictions on freedom of movement, arbitrary 
     detention, torture, executions, and enforced disappearances, 
     amount to crimes against humanity according to the United 
     Nations Commission of Inquiry on Human Rights in the 
     Democratic People's Republic of Korea.
       (6) The effects of the COVID-19 pandemic and North Korea's 
     strict lockdown of its borders and crackdowns on informal 
     market activities and small entrepreneurship have drastically 
     increased food insecurity for its people and given rise to 
     famine conditions in parts of the country.
       (7) North Korea's COVID-19 border lockdown measures also 
     include shoot-to-kill orders that have resulted in the 
     killing of--
       (A) North Koreans attempting to cross the border; and
       (B) at least 1 South Korean citizen in September 2020.
       (8) The Chinese Communist Party and the Government of the 
     People's Republic of China are aiding and abetting in crimes 
     against humanity by forcibly repatriating North Korean 
     refugees to North Korea where they are sent to prison camps, 
     harshly interrogated, and tortured or executed.
       (9) The forcible repatriation of North Korean refugees 
     violates the People's Republic of China's freely undertaken 
     obligation to uphold the principle of non-refoulement, under 
     the Convention Relating to the Status of Refugees, done at 
     Geneva July 28, 1951 (and made applicable by the Protocol 
     Relating to the Status of Refugees, done at New York January 
     31, 1967 (19 UST 6223)).
       (10) North Korea continues to bar freedom of religion and 
     persecute religious minorities, especially Christians. 
     Eyewitnesses report that Christians in North Korea have been 
     tortured, forcibly detained, and even executed for possessing 
     a Bible or professing Christianity.
       (11) United States and international broadcasting 
     operations into North Korea--
       (A) serve as a critical source of outside news and 
     information for the North Korean people; and
       (B) provide a valuable service for countering regime 
     propaganda and false narratives.
       (12) The position of Special Envoy on North Korean Human 
     Rights Issues has been vacant since January 2017, even though 
     the President is required to appoint a Senate-confirmed 
     Special Envoy to fill this position in accordance with 
     section 107 of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7817).

     SEC. 12_3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) promoting information access in North Korea continues 
     to be a successful method of countering North Korean 
     propaganda;
       (2) the United States Government should continue to support 
     efforts described in paragraph (1), including by enacting and 
     implementing the Otto Warmbier North Korean Censorship and 
     Surveillance Act of 2021, which was introduced by Senator 
     Portman on June 17, 2021;
       (3) because refugees among North Koreans fleeing into China 
     face severe punishments upon their forcible return, the 
     United States should urge the Government of the People's 
     Republic of China--
       (A) to immediately halt its forcible repatriation of North 
     Koreans;
       (B) to allow the United Nations High Commissioner for 
     Refugees (referred to in this section as ``UNHCR'') unimpeded 
     access to North Koreans within China to determine whether 
     they are refugees and require assistance;
       (C) to fulfill its obligations under the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1951 (and made applicable by the Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223)) and the Agreement on the upgrading of the UNHCR 
     Mission in the People's Republic of China to UNHCR branch 
     office in the People's Republic of China, done at Geneva 
     December 1, 1995;
       (D) to address the concerns of the United Nations Committee 
     Against Torture by incorporating into domestic legislation 
     the principle of non-refoulement; and
       (E) to recognize the legal status of North Korean women who 
     marry or have children with Chinese citizens and ensure that 
     all such mothers and children are granted resident status and 
     access to education and other public services in accordance 
     with Chinese law and international standards;
       (4) the United States Government should continue to promote 
     the effective and transparent delivery and distribution of 
     any humanitarian aid provided in North Korea to ensure that 
     such aid reaches its intended recipients to the point of 
     consumption or utilization by cooperating closely with the 
     Government of the Republic of Korea and international and 
     nongovernmental organizations;
       (5) the Department of State should continue to take steps 
     to increase public awareness about the risks and dangers of 
     travel by United States citizens to North Korea, including by 
     continuing its policy of blocking United States passports 
     from being used to travel to North Korea without a special 
     validation from the Department of State;
       (6) the United Nations, which has a significant role to 
     play in promoting and improving human rights in North Korea, 
     should press for access for the United Nations Special 
     Rapporteur and the United Nations High Commissioner for Human 
     Rights on the situation of human rights in North Korea;
       (7) the Special Envoy for North Korean Human Rights Issues 
     should be appointed without delay--
       (A) to properly promote and coordinate North Korean human 
     rights and humanitarian issues; and
       (B) to participate in policy planning and implementation 
     with respect to refugee issues;
       (8) the United States should urge North Korea to repeal the 
     Reactionary Thought and Culture Denunciation Law and other 
     draconian laws, regulations, and decrees that manifestly 
     violate the freedom of opinion and expression and the freedom 
     of thought, conscience, and religion;
       (9) the United States should urge North Korea to ensure 
     that any restrictions on addressing the COVID-19 pandemic are 
     necessary, proportionate, nondiscriminatory, time-bound, 
     transparent, and allow international staff to operate inside 
     the North Korea to provide international assistance based on 
     independent needs assessments;
       (10) the United States should expand the Rewards for 
     Justice program to be open to North Korean officials who can 
     provide evidence of crimes against humanity being committed 
     by North Korean officials;
       (11) the United States should continue to seek cooperation 
     from all foreign governments--
       (A) to allow the UNHCR access to process North Korean 
     refugees overseas for resettlement; and
       (B) to allow United States officials access to process 
     refugees for possible resettlement in the United States; and
       (12) the Secretary of State, through diplomacy by senior 
     officials, including United States ambassadors to Asia-
     Pacific countries, and in close cooperation with South Korea, 
     should make every effort to promote the protection of North 
     Korean refugees, escapees, and defectors.

     SEC. 12_4. REAUTHORIZATIONS.

       (a) Support for Human Rights and Democracy Programs.--
     Section 102(b)(1) of the North Korean Human Rights Act of 
     2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2022'' 
     and inserting ``2028''.
       (b) Actions To Promote Freedom of Information.--Section 104 
     of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) 
     is amended--
       (1) in subsection (b)(1), by striking ``2022'' and 
     inserting ``2028''; and
       (2) in subsection (c), by striking ``2022'' and inserting 
     ``2028''.
       (c) Report by Special Envoy on North Korean Human Rights 
     Issues.--Section 107(d) of the North Korean Human Rights Act 
     of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2022'' 
     and inserting ``2028''.

[[Page S2663]]

       (d) Report on United States Humanitarian Assistance.--
     Section 201(a) of the North Korean Human Rights Act of 2004 
     (22 U.S.C. 7831(a)) is amended, in the matter preceding 
     paragraph (1), by striking ``2022'' and inserting ``2028''.
       (e) Assistance Provided Outside of North Korea.--Section 
     203 of the North Korean Human Rights Act of 2004 (22 U.S.C. 
     7833) is amended--
       (1) in subsection (b)(2), by striking ``103(15)'' and 
     inserting ``103(17)''; and
       (2) in subsection (c)(1), by striking ``2018 through 2022'' 
     and inserting ``2023 through 2028''.
       (f) Annual Reports.--Section 305(a) of the North Korean 
     Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in 
     the matter preceding paragraph (1) by striking ``2022'' and 
     inserting ``2028''.

     SEC. 12_5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

       Title I of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7811 et seq.) is amended--
       (1) in section 103(a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media''; and
       (2) in section 104(a)--
       (A) by striking ``Broadcasting Board of Governors'' each 
     place such term appears and inserting ``United States Agency 
     for Global Media'';
       (B) in paragraph (7)(B)--
       (i) in the matter preceding clause (i), by striking ``5 
     years'' and inserting ``10 years'';
       (ii) by redesignating clauses (i) through (iii) as clauses 
     (ii) through (iv), respectively;
       (iii) by inserting before clause (ii) the following:
       ``(i) an update of the plan required under subparagraph 
     (A);''; and
       (iv) in clause (iii), as redesignated, by striking 
     ``pursuant to section 403'' and inserting ``to carry out this 
     section''.

     SEC. 12_6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS 
                   ISSUES.

        Section 107 of the North Korean Human Rights Act of 2004 
     (22 U.S.C. 7817) is amended by adding at the end the 
     following:
       ``(e) Report on Appointment of Special Envoy.--Not later 
     than 180 days after the date of the enactment of this 
     subsection and annually thereafter through 2028 if the 
     position of Special Envoy remains vacant, the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees that describes the efforts being taken to appoint 
     the Special Envoy.''.

     SEC. 12_7. SUPPORT FOR NORTH KOREAN REFUGEES.

       (a) In General.--The Secretary of State and the Secretary 
     of Homeland Security should collaborate with faith-based and 
     Korean-American organizations to resettle North Korean 
     participants in the United States Refugee Admissions Program 
     in areas with existing Korean-American communities to 
     mitigate trauma and mental health considerations of refugees, 
     as appropriate.
       (b) Resettlement Location Assistance Education.--The 
     Secretary of State shall publicly disseminate guidelines and 
     information relating to resettlement options in the United 
     States or South Korea for eligible North Korean refugees, 
     with a particular focus on messaging to North Koreans.
       (c) Mechanisms.--The guidelines and information described 
     in subsection (b)--
       (1) shall be published on a publicly available website of 
     the Department of State;
       (2) shall be broadcast into North Korea through radio 
     broadcasting operations funded or supported by the United 
     States Government; and
       (3) shall be distributed through brochures or electronic 
     storage devices.

     SEC. 12_8. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION 
                   OF NORTH KOREAN REFUGEES.

       (a) Discretionary Designations.--Section 104(b)(1) of the 
     North Korea Sanctions and Policy Enhancement Act of 2016 (22 
     U.S.C. 9214) is amended--
       (1) in subparagraph (M), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (N), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(O) knowingly, directly or indirectly, forced the 
     repatriation of North Korean refugees to North Korea.''.
       (b) Exemptions.--Section 208(a)(1) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9228(a)(1)) is amended by inserting ``, the Republic of 
     Korea, and Japan'' before the period at the end.

     SEC. 12_9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS 
                   IMPOSED WITH RESPECT TO NORTH KOREA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the continued pursuit by the North Korean regime of 
     weapons of mass destruction (including nuclear, chemical, and 
     biological weapons), in addition to its ballistic missile 
     program, along with the regime's gross violations of human 
     rights, have led the international community to impose 
     sanctions with respect to North Korea, including sanctions 
     imposed by the United Nations Security Council;
       (2) authorities should grant exemptions for humanitarian 
     assistance to the people of North Korea consistent with past 
     United Nations Security Council resolutions; and
       (3) humanitarian assistance intended to provide 
     humanitarian relief to the people of North Korea must not be 
     exploited or misdirected by the North Korean regime to 
     benefit the military or elites of North Korea.
       (b) Reports Required.--
       (1) Defined term.--In this subsection, the term ``covered 
     period'' means--
       (A) in the case of the first report required to be 
     submitted under paragraph (2), the period beginning on 
     January 1, 2018, and ending on the date that is 90 days after 
     the date of the enactment of this Act; and
       (B) in the case of each subsequent report required to be 
     submitted under paragraph (2), the 1-year period preceding 
     the date by which the report is required to be submitted.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 2 years, the Secretary of State shall submit a 
     report to Congress that--
       (A) describes--
       (i) how the North Korean regime has previously exploited 
     humanitarian assistance from the international community to 
     benefit elites and the military in North Korea;
       (ii) the most effective methods to provide humanitarian 
     relief, including mechanisms to facilitate humanitarian 
     assistance, to the people of North Korea, who are in dire 
     need of such assistance;
       (iii) any requests to the Committee of the United Nations 
     Security Council established by United Nations Security 
     Council Resolution 1718 (2006) (referred to in this section 
     as the ``1718 Sanctions Committee'') for humanitarian 
     exemptions from sanctions known to have been denied during 
     the covered period or known to have been in process for more 
     than 30 days as of the date of the report; and
       (iv) any known explanations for the denials and delays 
     referred to in clause (iii); and
       (B) details any action by a foreign government during the 
     covered period that has delayed or impeded humanitarian 
     assistance that was approved by the 1718 Sanctions Committee.
                                 ______
                                 
  SA 530. Mr. RUBIO 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--Legal Gold and Mining Partnership

     SECTION 12_1. SHORT TITLE.

       This subtitle may be cited as the ``United States Legal 
     Gold and Mining Partnership Act''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) The illicit mining, trafficking, and commercialization 
     of gold in the Western Hemisphere--
       (A) negatively affects the region's economic and social 
     dynamics;
       (B) strengthens transnational criminal organizations and 
     other international illicit actors; and
       (C) has a deleterious impact on the environment, indigenous 
     peoples, and food security.
       (2) A lack of economic opportunities and the weak rule of 
     law promote illicit activities, such as illicit gold mining, 
     which increases the vulnerability of individuals in mining 
     areas, including indigenous communities, who have been 
     subjected to trafficking in persons, other human rights 
     abuses, and population displacement in relation to mining 
     activity, particularly in the artisanal and small-scale 
     mining sector.
       (3) Illicit gold mining in Latin America often involves and 
     benefits transnational criminal organizations, drug 
     trafficking organizations, terrorist groups, and other 
     illegal armed groups that extort miners and enter into 
     illicit partnerships with them in order to gain revenue from 
     the illicit activity.
       (4) Illicit gold supply chains are international in nature 
     and frequently involve--
       (A) the smuggling of gold and supplies, such as mercury;
       (B) trade-based money laundering; and
       (C) other cross-border flows of illicit assets.
       (5) In Latin America, mineral traders and exporters, local 
     processors, and shell companies linked to transnational 
     criminal networks and illegally armed groups all play a key 
     role in the trafficking, laundering, and commercialization of 
     illicit gold from the region.
       (6) According to a report on illegally mined Gold in Latin 
     America by the Global Initiative Against Transnational 
     Organized Crime--
       (A) more than 70 percent of the gold mined in several Latin 
     American countries, such as Colombia, Ecuador, and Peru, is 
     mined through illicit means; and
       (B) about 80 percent of the gold mined in Venezuela is 
     mined through illicit means and a large percentage of such 
     gold is sold--
       (i) to Mibiturven, a joint venture operated by the Maduro 
     regime composed of Minerven, a gold processor that has been 
     designated by the Office of Foreign Assets Control of the 
     Department of the Treasury, pursuant to Executive Order 13850 
     (relating to blocking property of additional persons 
     contributing to the situation in Venezuela), and Marilyns 
     Proje Yatirim, S.A., a Turkish company; or

[[Page S2664]]

       (ii) through other trafficking and commercialization 
     networks from which the Maduro regime benefits financially.
       (7) Illegal armed groups and foreign terrorist 
     organizations, such as the Ejercito de Liberacion Nacional 
     (National Liberation Army--ELN), work with transnational 
     criminal organizations in Venezuela that participate in the 
     illicit mining, trafficking, and commercialization of gold.
       (8) Transnational criminal organizations based in 
     Venezuela, such as El Tren de Aragua, have expanded their 
     role in the illicit mining, trafficking, and 
     commercialization of gold to increase their criminal profits.
       (9) Nicaragua's gold exports during 2021 were valued at an 
     estimated $989,000,000 in value, of which
       (A) gold valued at an estimated $898,000,000 was shipped to 
     the United States;
       (B) gold valued at an estimated $48,700,000 was shipped to 
     Switzerland;
       (C) gold valued at an estimated $39,000,000 was shipped to 
     the United Arab Emirates; and
       (D) gold valued at an estimated $3,620,000 was shipped to 
     Austria.

     SEC. 12_3. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives .
       (2) Artisanal and small-scale mining; asm.--The terms 
     ``artisanal and small-scale mining'' and ``ASM'' refer to a 
     form of mining common in the developing world that--
       (A) typically employs rudimentary, simple, and low-cost 
     extractive technologies and manual labor-intensive 
     techniques;
       (B) is frequently subject to limited regulation; and
       (C) often features harsh and dangerous working conditions.
       (3) Illicit actors.--The term ``illicit actors'' includes--
       (A) any person included on any list of--
       (i) United States-designated foreign terrorist 
     organizations;
       (ii) specially designated global terrorists (as defined in 
     section 594.310 of title 31, Code of Federal Regulations);
       (iii) significant foreign narcotics traffickers (as defined 
     in section 808 of the Foreign Narcotics Kingpin Designation 
     Act (21 U.S.C. 1907); or
       (iv) blocked persons, as maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury; and
       (B) drug trafficking organizations.
       (4) Key stakeholders.--The term ``key stakeholders'' means 
     private sector organizations, industry representatives, and 
     civil society groups that represent communities in areas 
     affected by illicit mining and trafficking of gold, including 
     indigenous groups, that are committed to the implementation 
     of the Legal Gold and Mining Partnership Strategy.
       (5) Legal gold and mining partnership strategy; strategy.--
     The terms ``Legal Gold and Mining Partnership Strategy'' and 
     ``Strategy'' mean the strategy developed pursuant to section 
     12_4.
       (6) Relevant federal departments and agencies.--The term 
     ``relevant Federal departments and agencies'' means--
       (A) the Department of State;
       (B) the Department of the Treasury;
       (C) the Department of Homeland Security, including U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement;
       (D) the Department of Justice, including the Federal Bureau 
     of Investigation and the Drug Enforcement Administration;
       (E) the Department of the Interior;
       (F) the United States Agency for International Development; 
     and
       (G) other Federal agencies designated by the President.

     SEC. 12_4. LEGAL GOLD AND MINING PARTNERSHIP STRATEGY.

       (a) Strategy Required.--The Secretary of State, in 
     coordination with the heads of relevant Federal departments 
     and agencies, shall develop a comprehensive, multi-year 
     strategy, which shall be known as the Legal Gold and Mining 
     Partnership Strategy (referred to in this section as the 
     ``Strategy''), to combat illicit gold mining in the Western 
     Hemisphere.
       (b) Elements.--The Strategy shall include policies, 
     programs, and initiatives--
       (1) to interrupt the linkages between ASM and illicit 
     actors that profit from ASM in the Western Hemisphere;
       (2) to deter ASM in environmentally protected areas, such 
     as national parks and conservation zones, to prevent mining-
     related contamination of critical natural resources, such as 
     water resources, soil, tropical forests, and other flora and 
     fauna, and aerosol contamination linked to detrimental health 
     impacts;
       (3) to counter the financing and enrichment of actors 
     involved in the illicit mining, trafficking, and 
     commercialization of gold, and the abetting of their 
     activities by--
       (A) promoting the exercise of due diligence and the use of 
     responsible sourcing methods in the purchase and trade of 
     ASM;
       (B) preventing and prohibiting foreign persons who control 
     commodity trading chains linked to illicit actors from 
     enjoying the benefits of access to the territory, markets or 
     financial system of the United States, and halting any such 
     ongoing activity by such foreign persons;
       (C) combating related impunity afforded to illicit actors 
     by addressing corruption in government institutions; and
       (D) supporting the capacity of financial intelligence 
     units, customs agencies, and other government institutions 
     focused on anti-money laundering initiatives and combating 
     the financing of criminal activities and terrorism to 
     exercise oversight consistent with the threats posed by 
     illicit gold mining;
       (4) to build the capacity of foreign civilian law 
     enforcement institutions in the Western Hemisphere to 
     effectively counter--
       (A) linkages between illicit gold mining, illicit actors, 
     money laundering, and other financial crimes, including 
     trade-based money laundering;
       (B) linkages between illicit gold mining, illicit actors, 
     trafficking in persons, and forced or coerced labor, 
     including sex work and child labor;
       (C) the cross-border trafficking of illicit gold, and the 
     mercury, cyanide, explosives, and other hazardous materials 
     used in illicit gold mining; and
       (D) surveillance and investigation of illicit and related 
     activities that are related to or are indicators of illicit 
     gold mining activities;
       (5) to ensure the successful implementation of the existing 
     Memoranda of Understanding signed with the Governments of 
     Peru and of Colombia in 2017 and 2018, respectively, to 
     expand bilateral cooperation to combat illicit gold mining;
       (6) to work with governments in the Western Hemisphere, 
     bolster the effectiveness of anti-money laundering efforts to 
     combat the financing of illicit actors in Latin America and 
     the Caribbean and counter the laundering of proceeds related 
     to illicit gold mining by--
       (A) fostering international and regional cooperation and 
     facilitating intelligence sharing, as appropriate, to 
     identify and disrupt financial flows related to the illicit 
     gold mining, trafficking, and commercialization of gold and 
     other minerals and illicit metals; and
       (B) supporting the formulation of strategies to ensure the 
     compliance of reporting institutions involved in the mining 
     sector and to promote transparency in mining-sector 
     transactions;
       (7) to support foreign government efforts--
       (A) to increase regulations of the ASM sector;
       (B) to facilitate licensing and formalization processes for 
     ASM miners;
       (C) to create and implement environmental safeguards to 
     reduce the negative environmental impact of mining on 
     sensitive ecosystems; and
       (D) to develop mechanisms to support regulated cultural 
     artisanal mining and artisanal mining as a job growth area;
       (8) to engage the mining industry to encourage the building 
     of technical expertise in best practices, environmental 
     safeguards, and access to new technologies;
       (9) to support the establishment of gold commodity supply 
     chain due diligence, responsible sourcing, tracing and 
     tracking capacities, and standards-compliant commodity 
     certification systems in countries in Latin America and the 
     Caribbean, including efforts recommended in the OECD Due 
     Diligence Guidance for Responsible Supply Chains of Minerals 
     from Conflict-Affected and High Risk Areas, Third Edition 
     (2016);
       (10) to engage with civil society to reduce the negative 
     environmental impacts of ASM, particularly--
       (A) the use of mercury in preliminary refining;
       (B) the destruction of tropical forests;
       (C) the construction of illegal and unregulated dams and 
     the resulting valley floods;
       (D) the pollution of water resources and soil; and
       (E) the release of dust, which can contain toxic chemicals 
     and heavy metals that can cause severe health problems;
       (11) to aid and encourage ASM miners--
       (A) to formalize their business activities, including 
     through skills training, technical and business assistance, 
     and access to financing, loans, and credit;
       (B) to utilize environmentally safe and sustainable mining 
     practices, including by scaling up the use of mercury-free 
     gold refining technologies, and mining methods and 
     technologies that do not result in deforestation, forest 
     destruction, air pollution, water and soil-contamination, and 
     other negative environmental impacts associated with ASM;
       (C) to reduce the costs associated with formalization and 
     compliance with mining regulations;
       (D) to fully break away from the influence of illicit 
     actors who leverage the control of territory and use violence 
     to extort miners and push them into illicit arrangements;
       (E) to adopt and utilize environmentally safe and 
     sustainable mining practices, including--
       (i) mercury-free gold refining technologies; and
       (ii) extractive techniques that do not result in--

       (I) forest clearance and water contamination; or
       (II) the release of dust or uncontrolled tailings 
     containing toxic chemicals;

       (F) to pursue alternative livelihoods outside the mining 
     sector; and

[[Page S2665]]

       (G) to fully access public social services in ASM-dependent 
     communities;
       (12) to support and encourage socioeconomic development 
     programs, law enforcement capacity-building programs, and 
     support for relevant international initiatives, including by 
     providing assistance to achieve such ends by implementing the 
     Strategy;
       (13) to interrupt the illicit gold trade in Nicaragua, 
     including through the use of United States punitive measures 
     against the government led by President Daniel Ortega and 
     Vice-President Rosario Murillo and their collaborators 
     pursuant to Executive Order 14088 (relating to taking 
     additional steps to address the national emergency with 
     respect to the situation in Nicaragua), which was issued on 
     October 24, 2022;
       (14) to assist local journalists with investigations of 
     illicit mining, trafficking, and commercialization of gold 
     and its supplies in the Western Hemisphere; and
       (15) to promote responsible sourcing and due diligence at 
     all levels of gold supply chains.
       (c) Challenges Assessed.--The Strategy shall include an 
     assessment of the challenges posed by, and policy 
     recommendations to address--
       (1) linkages between ASM sector production and trade, 
     particularly relating to gold, to the activities of illicit 
     actors, including linkages that help to finance or enrich 
     such illicit actors or abet their activities;
       (2) linkages between illicit or grey market trade, and 
     markets in gold and other metals or minerals and legal trade 
     and commerce in such commodities, notably with respect to 
     activities that abet the entry of such commodities into legal 
     commerce, including--
       (A) illicit cross-border trafficking, including with 
     respect to goods, persons and illegal narcotics;
       (B) money-laundering;
       (C) the financing of illicit actors or their activities; 
     and
       (D) the extralegal entry into the United States of--
       (i) metals or minerals, whether of legal foreign origin or 
     not; and
       (ii) the proceeds of such metals or minerals;
       (3) linkages between the illicit mining, trafficking, and 
     commercialization of gold, diamonds, and precious metals and 
     stones, and the financial and political activities of the 
     regime of Nicolas Maduro of Venezuela;
       (4) factors that--
       (A) produce linkages between ASM miners and illicit actors, 
     prompting some ASM miners to utilize mining practices that 
     are environmentally damaging and unsustainable, notably 
     mining or related ore processing practices that--
       (i) involve the use of elemental mercury; or
       (ii) result in labor, health, environmental, and safety 
     code infractions and workplace hazards; and
       (B) lead some ASM miners to operate in the extralegal or 
     poorly regulated informal sector, and often prevent such 
     miners from improving the socioeconomic status of themselves 
     and their families and communities, or hinder their ability 
     to formalize their operations, enhance their technical and 
     business capacities, and access finance of fair market prices 
     for their output;
       (5) mining-related trafficking in persons and forced or 
     coerced labor, including sex work and child labor; and
       (6) the use of elemental mercury and cyanide in ASM 
     operations, including the technical aims and scope of such 
     usage and its impact on human health and the environment, 
     including flora, fauna, water resources, soil, and air 
     quality.
       (d) Foreign Assistance.--The Strategy shall describe--
       (1) existing foreign assistance programs that address 
     elements of the Strategy; and
       (2) additional foreign assistance resources needed to fully 
     implement the Strategy.
       (e) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit the 
     Strategy to the appropriate congressional committees.
       (f) Briefing.--Not later than 180 days after submission of 
     the Strategy, and semiannually thereafter for the following 3 
     years, the Secretary of State, or the Secretary's designee, 
     shall provide a briefing to the appropriate congressional 
     committees regarding the implementation of the strategy, 
     including efforts to leverage international support and 
     develop a public-private partnership to build responsible 
     gold value chains with other governments.

     SEC. 12_5. CLASSIFIED BRIEFING ON ILLICIT GOLD MINING IN 
                   VENEZUELA.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of State, or the Secretary's 
     designee, in coordination with the Director of National 
     Intelligence, shall provide a classified briefing to the 
     appropriate congressional committees, the Select Committee on 
     Intelligence of the Senate, and the Permanent Select 
     Committee on Intelligence of the House of Representatives 
     that describes--
       (1) the activities related to illicit gold mining, 
     including the illicit mining, trafficking, and 
     commercialization of gold, inside Venezuelan territory 
     carried out by illicit actors, including defectors from the 
     Revolutionary Armed Forces of Colombia (FARC) and members of 
     the National Liberation Army (ELN); and
       (2) Venezuela's illicit gold trade with foreign 
     governments, including the Government of the Republic of 
     Turkey and the Government of the Islamic Republic of Iran.

     SEC. 12_6. INVESTIGATION OF THE ILLICIT GOLD TRADE IN 
                   VENEZUELA.

       The Secretary of State, in coordination with the Secretary 
     of the Treasury, the Attorney General, and allied and partner 
     governments in the Western Hemisphere, shall--
       (1) lead a coordinated international effort to carry out 
     financial investigations to identify and track assets taken 
     from the people and institutions in Venezuela that are linked 
     to money laundering and illicit activities, including mining-
     related activities, by sharing financial investigations 
     intelligence, as appropriate and as permitted by law; and
       (2) provide technical assistance to help eligible 
     governments in Latin America establish legislative and 
     regulatory frameworks capable of imposing and effectively 
     implementing targeted sanctions on--
       (A) officials of the Maduro regime who are directly engaged 
     in the illicit mining, trafficking, and commercialization of 
     gold; and
       (B) foreign persons engaged in the laundering of illicit 
     gold assets linked to designated terrorist and drug 
     trafficking organizations.

     SEC. 12_7. LEVERAGING INTERNATIONAL SUPPORT.

       In implementing the Legal Gold and Mining Partnership 
     Strategy pursuant to section 12_4, the President should 
     direct United States representatives accredited to relevant 
     multilateral institutions and development banks and United 
     States ambassadors in the Western Hemisphere to use the 
     influence of the United States to foster international 
     cooperation to achieve the objectives of this subtitle, 
     including--
       (1) marshaling resources and political support; and
       (2) encouraging the development of policies and 
     consultation with key stakeholders to accomplish such 
     objectives and provisions.

     SEC. 12_8. PUBLIC-PRIVATE PARTNERSHIP TO BUILD RESPONSIBLE 
                   GOLD VALUE CHAINS.

       (a) Best Practices.--The Administrator of the United States 
     Agency for International Development (referred to in this 
     section as the ``Administrator''), in coordination with the 
     Governments of Colombia, of Ecuador, and of Peru, and with 
     other democratically-elected governments in the region, shall 
     consult with the Government of Switzerland regarding best 
     practices developed through the Swiss Better Gold Initiative, 
     a public-private partnership that aims to improve 
     transparency and traceability in the international gold 
     trade.
       (b) In General.--The Administrator shall coordinate with 
     the Governments of Colombia, Ecuador, Peru, and other 
     democratically-elected governments in the region determined 
     by the Administrator to establish a public-private 
     partnership to advance the best practices identified in 
     subsection (a), including supporting programming in 
     participating countries that will--
       (1) support formalization and compliance with appropriate 
     environmental and labor standards in ASM gold mining;
       (2) increase access to financing for ASM gold miners who 
     are taking significant steps to formalize their operations 
     and comply with labor and environmental standards;
       (3) enhance the traceability and support the establishment 
     of a certification process for ASM gold;
       (4) support a public relations campaign to promote 
     responsibly-sourced gold;
       (5) include representatives of local civil society to work 
     towards soliciting the free and informed consent of those 
     living on lands with mining potential;
       (6) facilitate contact between vendors of responsibly-
     sourced gold and United States companies; and
       (7) promote policies and practices in participating 
     countries that are conducive to the formalization of ASM gold 
     mining and promoting adherence of ASM to internationally-
     recognized best practices and standards.
       (c) Meeting.--The Secretary of State or the Administrator, 
     without delegation and in coordination with the governments 
     of participating countries, should--
       (1) host a meeting with senior representatives of the 
     private sector and international governmental and 
     nongovernmental partners; and
       (2) make commitments to improve due diligence and increase 
     the responsible sourcing of gold.

     SEC. 12_9. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Department of 
     State $10,000,000 to implement the Legal Gold and Mining 
     Partnership Strategy developed pursuant to section 12_4.
                                 ______
                                 
  SA 531. Mr. RUBIO 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:

 TITLE XVIII--SOUTH CHINA SEA AND EAST CHINA SEA SANCTIONS ACT OF 2023

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``South China Sea and East 
     China Sea Sanctions Act of 2023''.

[[Page S2666]]

  


     SEC. 1802. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 120 days after the date of the enactment of this Act, 
     the President may impose the sanctions described in 
     subsection (b) with respect to any Chinese person, including 
     any senior official of the Government of the People's 
     Republic of China, that the President determines--
       (1) is responsible for or significantly contributes to 
     large-scale reclamation, construction, militarization, or 
     ongoing supply of outposts in disputed areas of the South 
     China Sea;
       (2) is responsible for or significantly contributes to, or 
     has engaged in, directly or indirectly, actions, including 
     the use of coercion, to inhibit another country from 
     protecting its sovereign rights to access offshore resources 
     in the South China Sea, including in such country's exclusive 
     economic zone, consistent with such country's rights and 
     obligations under international law;
       (3) is responsible for or complicit in, or has engaged in, 
     directly or indirectly, actions that significantly threaten 
     the peace, security, or stability of disputed areas of the 
     South China Sea or areas of the East China Sea administered 
     by Japan or the Republic of Korea, including through the use 
     of vessels and aircraft by the People's Republic of China to 
     occupy or conduct extensive research or drilling activity in 
     those areas;
       (4) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3); or
       (5) is owned or controlled by, or has acted for or on 
     behalf of, directly or indirectly, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3).
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a person described in subsection (a) are the 
     following:
       (1) Blocking of property.--The President may, in accordance 
     with the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.), block and prohibit all transactions in 
     all property and interests in property of the 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.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an alien, 
     the alien may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subparagraph (A) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) may--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the alien's possession.

       (3) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the person.
       (4) Export sanction.--The President may order the United 
     States Government not to issue any specific license and not 
     to grant any other specific permission or authority to export 
     any goods or technology to the person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (B) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (5) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (6) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing equity 
     or debt instruments of the person.
       (7) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the person.
       (8) Correspondent and payable-through accounts.--In the 
     case of a foreign financial institution, the President may 
     prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by the 
     foreign financial institution.
       (c) Exceptions.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (3) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to 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.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authority or a requirement to impose 
     sanctions 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.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may 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.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (e) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) 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.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Person.--The term ``person'' means any individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) 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 of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1803. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA AS PART 
                   OF CHINA.

       It is the sense of Congress that the Government Publishing 
     Office should not publish any map, document, record, 
     electronic resource, or other paper of the United States 
     (other than materials relating to hearings held by committees 
     of Congress or internal work product of a Federal agency) 
     portraying or otherwise indicating that it is the position of 
     the United States that the territory or airspace in the South 
     China Sea that is disputed among two or more parties or the 
     territory or airspace of areas administered by Japan or the 
     Republic of Korea, including in the East China Sea, is part 
     of the territory or airspace of the People's Republic of 
     China.

     SEC. 1804. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF 
                   ARBITRATION'S TRIBUNAL RULING ON ARBITRATION 
                   CASE BETWEEN PHILIPPINES AND PEOPLE'S REPUBLIC 
                   OF CHINA.

       (a) Finding.--Congress finds that on July 12, 2016, a 
     tribunal of the Permanent Court of Arbitration found in the 
     arbitration case between the Philippines and the People's 
     Republic of China under the United Nations Convention on the 
     Law of the Sea that the People's Republic of China's claims, 
     including those to offshore resources and ``historic

[[Page S2667]]

     rights'', were unlawful, and that the tribunal's ruling is 
     final and legally binding on both parties.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States and the international community 
     should reject the unlawful claims of the People's Republic of 
     China within the exclusive economic zone or on the 
     continental shelf of the Philippines, as well as the maritime 
     claims of the People's Republic of China beyond a 12-
     nautical-mile territorial sea from the islands it claims in 
     the South China Sea;
       (2) the provocative behavior of the People's Republic of 
     China, including coercing other countries with claims in the 
     South China Sea and preventing those countries from accessing 
     offshore resources, undermines peace and stability in the 
     South China Sea;
       (3) the international community should--
       (A) support and adhere to the ruling described in 
     subsection (a) in compliance with international law; and
       (B) take all necessary steps to support the rules-based 
     international order in the South China Sea; and
       (4) all claimants in the South China Sea should--
       (A) refrain from engaging in destabilizing activities, 
     including illegal occupation or efforts to unlawfully assert 
     control over disputed claims;
       (B) ensure that disputes are managed without intimidation, 
     coercion, or force;
       (C) clarify or adjust claims in accordance with 
     international law; and
       (D) uphold the principle that territorial and maritime 
     claims, including over territorial waters or territorial 
     seas, must be derived from land features and otherwise 
     comport with international law.

     SEC. 1805. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE 
                   SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE 
                   EAST CHINA SEA.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 3 years after such date of enactment, 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 identifying each 
     country that the Secretary determines has taken an official 
     and stated position to recognize, after such date of 
     enactment, the sovereignty of the People's Republic of China 
     over territory or airspace disputed by one or more countries 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (c) Public Availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.
                                 ______
                                 
  SA 532. Mr. RUBIO (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:

     SEC. __. REVIEW OF DOMESTIC BIOPHARMACEUTICAL MANUFACTURING 
                   CAPABILITIES.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), in 
     cooperation with the Director of the Biomedical Advanced 
     Research and Development Authority, shall seek to enter into 
     an agreement with the National Institute for Innovation in 
     Manufacturing Biopharmaceuticals to perform the services 
     described in subsection (b).
       (b) Review and Recommendations.--Under an agreement 
     described in subsection (a) between the Secretary, the 
     Director of the Biomedical Advanced Research and Development 
     Authority, and the National Institute for Innovation in 
     Manufacturing Biopharmaceuticals, the National Institute for 
     Innovation in Manufacturing Biopharmaceuticals shall--
       (1) review current domestic biopharmaceutical manufacturing 
     capacity at the Department of Health and Human Services and 
     such department's adaptability to various threats;
       (2) draft recommendations for developing, demonstrating, 
     deploying, and advancing new domestic biopharmaceutical 
     manufacturing technologies that address gaps identified under 
     paragraph (1) and align Federal technologies with 
     technologies available to the private sector, including 
     through the new BioMAP initiative of the Biomedical Advanced 
     Research and Development Authority; and
       (3) identify other opportunities and priorities to improve 
     the United States public health and medical preparedness and 
     response capabilities and domestic biopharmaceutical 
     manufacturing capabilities.
                                 ______
                                 
  SA 533. Mr. CORNYN 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:

                TITLE _--SENSIBLE CLASSIFICATION REFORM

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Sensible Classification 
     Act of 2023''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Classified information.--The term ``classified 
     information'' means information that has been determined 
     pursuant to Executive order 12958 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, to require protection against unauthorized 
     disclosure and is marked to indicate its classified status 
     when in documentary form.
       (3) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Document.--The term ``document'' means any recorded 
     information, regardless of the nature of the medium or the 
     method or circumstances of recording.
       (6) Downgrade.--The term ``downgrade'' means a 
     determination by a declassification authority that 
     information classified and safeguarded at a specified level 
     shall be classified and safeguarded at a lower level.
       (7) Information.--The term ``information'' means any 
     knowledge that can be communicated or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the United States Government.
       (8) Originate, originating, and originated.--The term 
     ``originate'', ``originating'', and ``originated'', with 
     respect to classified information and an authority, means the 
     authority that classified the information in the first 
     instance.
       (9) Records.--The term ``records'' means the records of an 
     agency and Presidential papers or Presidential records, as 
     those terms are defined in title 44, United States Code, 
     including those created or maintained by a government 
     contractor, licensee, certificate holder, or grantee that are 
     subject to the sponsoring agency's control under the terms of 
     the contract, license, certificate, or grant.
       (10) Security clearance.--The term ``security clearance'' 
     means an authorization to access classified information.
       (11) Unauthorized disclosure.--The term ``unauthorized 
     disclosure'' means a communication or physical transfer of 
     classified information to an unauthorized recipient.
       (12) Unclassified information.--The term ``unclassified 
     information'' means information that is not classified 
     information.

     SEC. _03. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) According to a report released by the Office of the 
     Director of Intelligence in 2020 titled ``Fiscal Year 2019 
     Annual Report on Security Clearance Determinations'', more 
     than 4,000,000 individuals have been granted eligibility for 
     a security clearance.
       (2) At least 1,300,000 of such individuals have been 
     granted access to information classified at the Top Secret 
     level.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the classification system of the Federal Government is 
     in urgent need of reform;
       (2) the number of people with access to classified 
     information is exceedingly high and must be justified or 
     reduced;
       (3) reforms are necessary to reestablish trust between the 
     Federal Government and the people of the United States; and
       (4) classification should be limited to the minimum 
     necessary to protect national security while balancing the 
     public's interest in disclosure.

     SEC. _04. CLASSIFICATION AUTHORITY.

       (a) In General.--The authority to classify information 
     originally may be exercised only by--
       (1) the President and, in the performance of executive 
     duties, the Vice President;
       (2) the head of an agency or an official of any agency 
     authorized by the President pursuant to a designation of such 
     authority in the Federal Register; and
       (3) an official of the Federal Government to whom authority 
     to classify information originally has been delegated 
     pursuant to subsection (c).
       (b) Scope of Authority.--An individual authorized by this 
     section to classify information originally at a specified 
     level may also classify the information originally at a lower 
     level.
       (c) Delegation of Original Classification Authority.--An 
     official of the Federal Government may be delegated original 
     classification authority subject to the following:

[[Page S2668]]

       (1) Delegation of original classification authority shall 
     be limited to the minimum required to administer this 
     section. Agency heads shall be responsible for ensuring that 
     designated subordinate officials have a demonstrable and 
     continuing need to exercise this authority.
       (2) Authority to originally classify information at the 
     level designated as ``Top Secret'' may be delegated only by 
     the President, in the performance of executive duties, the 
     Vice President, or an agency head or official designated 
     pursuant to subsection (a)(2).
       (3) Authority to originally classify information at the 
     level designated as ``Secret'' or ``Confidential'' may be 
     delegated only by the President, in the performance of 
     executive duties, the Vice President, or an agency head or 
     official designated pursuant to subsection (a)(2), or the 
     senior agency official described in section 5.4(d) of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, provided that official has been delegated ``Top 
     Secret'' original classification authority by the agency 
     head.
       (4) Each delegation of original classification authority 
     shall be in writing and the authority shall not be 
     redelegated except as provided by paragraph (1), (2), and 
     (3). Each delegation shall identify the official by name or 
     position title.
       (d) Training Required.--
       (1) In general.--An individual may not be delegated 
     original classification authority under this section unless 
     the individual has first received training described in 
     paragraph (2).
       (2) Training described.--Training described in this 
     paragraph is training on original classification that 
     includes instruction on the proper safeguarding of classified 
     information and of the criminal, civil, and administrative 
     sanctions that may be brought against an individual who fails 
     to protect classified information from unauthorized 
     disclosure.
       (e) Exceptional Cases.--
       (1) In general.--When an employee, Government contractor, 
     licensee, certificate holder, or grantee of an agency who 
     does not have original classification authority originates 
     information believed by that employee, contractor, licensee, 
     certificate holder, or grantee to require classification, the 
     information shall be protected in a manner consistent with 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order.
       (2) Transmittal.--An employee, contractor, licensee, 
     certificate holder, or grantee described in paragraph (1), 
     who originates information described in such paragraph, shall 
     promptly transmit such information to--
       (A) the agency that has appropriate subject matter interest 
     and classification authority with respect to this 
     information; or
       (B) if it is not clear which agency has appropriate subject 
     matter interest and classification authority with respect to 
     the information, to the Director of the Information Security 
     Oversight Office.
       (3) Agency decisions.--An agency that receives information 
     pursuant to paragraph (2)(A) or (4) shall decide within 30 
     days whether to classify this information.
       (4) Information security oversight office action.--If the 
     Director of the Information Security Oversight Office 
     receives information under paragraph (2)(B), the Director 
     shall determine the agency having appropriate subject matter 
     interest and classification authority and forward the 
     information, with appropriate recommendations, to that agency 
     for a classification determination.

     SEC. _05. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

       (a) In General.--Whenever an agency is processing a request 
     pursuant to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'') or the 
     mandatory declassification review provisions of Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order, and 
     identifies responsive classified records that are more than 
     25-years-of-age as of December 31 of the year in which the 
     request is received, the head of the agency shall review the 
     record and process the record for declassification and 
     release by the National Declassification Center of the 
     National Archives and Records Administration.
       (b) Application.--Subsection (a) shall apply--
       (1) regardless of whether or not the record described in 
     such subsection is in the legal custody of the National 
     Archives and Records Administration; and
       (2) without regard for any other provisions of law or 
     existing agreements or practices between agencies.

     SEC. _06. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

       (a) Definitions.--In this section:
       (1) Over-classification.--The term ``over-classification'' 
     means classification at a level that exceeds the minimum 
     level of classification that is sufficient to protect the 
     national security of the United States.
       (2) Sensible classification.--The term ``sensible 
     classification'' means classification at a level that is the 
     minimum level of classification that is sufficient to protect 
     the national security of the United States.
       (b) Training Required.--Each head of an agency with 
     classification authority shall conduct training for employees 
     of the agency with classification authority to discourage 
     over-classification and to promote sensible classification.

     SEC. _07. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION 
                   BOARD.

       Section 703 of the Public Interest Declassification Act of 
     2000 (50 U.S.C. 3355a) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(5) A member of the Board whose term has expired may 
     continue to serve until a successor is appointed and sworn 
     in.''; and
       (2) in subsection (f)--
       (A) by inserting ``(1)'' before ``Any employee''; and
       (B) by adding at the end the following:
       ``(2)(A) In addition to any employees detailed to the Board 
     under paragraph (1), the Board may hire not more than 12 
     staff members.
       ``(B) There are authorized to be appropriated to carry out 
     subparagraph (A) such sums as are necessary for fiscal year 
     2024 and each fiscal year thereafter.''.

     SEC. _08. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Office of 
     Electronic Government (in this section referred to as the 
     ``Administrator'') shall, in consultation with the Secretary 
     of Defense, the Director of the Central Intelligence Agency, 
     the Director of National Intelligence, the Public Interest 
     Declassification Board, the Director of the Information 
     Security Oversight Office, and the head of the National 
     Declassification Center of the National Archives and Records 
     Administration--
       (1) research a technology-based solution--
       (A) utilizing machine learning and artificial intelligence 
     to support efficient and effective systems for classification 
     and declassification; and
       (B) to be implemented on an interoperable and federated 
     basis across the Federal Government; and
       (2) submit to the President a recommendation regarding a 
     technology-based solution described in paragraph (1) that 
     should be adopted by the Federal Government.
       (b) Staff.--The Administrator may hire sufficient staff to 
     carry out subsection (a).
       (c) Report.--Not later than 540 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a classified report on the technology-based solution 
     recommended by the Administrator under subsection (a)(2) and 
     the President's decision regarding its adoption.

     SEC. _09. STUDIES AND RECOMMENDATIONS ON NECESSITY OF 
                   SECURITY CLEARANCES.

       (a) Agency Studies on Necessity of Security Clearances.--
       (1) Studies required.--The head of each agency that grants 
     security clearances to personnel of such agency shall conduct 
     a study on the necessity of such clearances.
       (2) Reports required.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, each head of an agency that 
     conducts a study under paragraph (1) shall submit to Congress 
     a report on the findings of the agency head with respect to 
     such study, which the agency head may classify as 
     appropriate.
       (B) Required elements.--Each report submitted by the head 
     of an agency under subparagraph (A) shall include, for such 
     agency, the following:
       (i) The number of personnel eligible for access to 
     information up to the Top Secret level.
       (ii) The number of personnel eligible for access to 
     information up to the Secret level.
       (iii) Information on the any reduction in the number of 
     personnel eligible for access to classified information based 
     on the study conducted under paragraph (1).
       (iv) A description of how the agency head will ensure that 
     the number of security clearances granted by such agency will 
     be kept to the minimum required for the conduct of agency 
     functions, commensurate with the size, needs, and mission of 
     the agency.
       (3) Industry.--This subsection shall apply to the Secretary 
     of Defense in the Secretary's capacity as the Executive Agent 
     for the National Industrial Security Program and the 
     Secretary shall treat contractors, licensees, and grantees as 
     personnel of the Department of Defense for purposes of the 
     studies and reports required by this subsection.
       (b) Director of National Intelligence Review of Sensitive 
     Compartmented Information.--The Director of National 
     Intelligence shall--
       (1) review the number of personnel eligible for access to 
     sensitive compartmented information; and
       (2) submit to Congress a report on how the Director will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (c) Agency Review of Special Access Programs.--Each head of 
     an agency who is authorized to establish a special access 
     program by Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, shall--
       (1) review the number of personnel of the agency eligible 
     for access to such special access programs; and
       (2) submit to Congress a report on how the agency head will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (d) Secretary of Energy Review of Q and L Clearances.--The 
     Secretary of Energy shall--

[[Page S2669]]

       (1) review the number of personnel of the Department of 
     Energy granted Q and L access; and
       (2) submit to Congress a report on how the Secretary will 
     ensure that the number of such personnel is limited to the 
     minimum required
       (e) Independent Reviews.--Not later than 180 days after the 
     date on which a study is completed under subsection (a) or a 
     review is completed under subsections (b) through (d), the 
     Director of the Information Security Oversight Office of the 
     National Archives and Records Administration, the Director of 
     National Intelligence, and the Public Interest 
     Declassification Board shall each review the study or review, 
     as the case may be.
                                 ______
                                 
  SA 534. Mr. FETTERMAN (for himself and Ms. Ernst) 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 D of title XXXI, 
     insert the following:

     SEC. 31____. PROHIBITION ON CERTAIN EXPORTS.

       (a) In General.--The Energy Policy and Conservation Act is 
     amended by inserting after section 163 (42 U.S.C. 6243) the 
     following:

     ``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.

       ``(a) In General.--The Secretary shall prohibit the export 
     or sale of petroleum products drawn down from the Strategic 
     Petroleum Reserve, under any provision of law, to--
       ``(1) the People's Republic of China;
       ``(2) the Democratic People's Republic of Korea;
       ``(3) the Russian Federation;
       ``(4) the Islamic Republic of Iran;
       ``(5) any other country the government of which is subject 
     to sanctions imposed by the United States; and
       ``(6) any entity owned, controlled, or influenced by--
       ``(A) a country referred to in any of paragraphs (1) 
     through (5); or
       ``(B) the Chinese Communist Party.
       ``(b) Waiver.--The Secretary may issue a waiver of the 
     prohibition described in subsection (a) if the Secretary 
     certifies that any export or sale authorized pursuant to the 
     waiver is in the national security interests of the United 
     States.
       ``(c) Rule.--Not later than 60 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024, the Secretary shall issue a rule to carry 
     out his section.''.
       (b) Conforming Amendments.--
       (1) Drawdown and sale of petroleum products.--Section 
     161(a) of the Energy Policy and Conservation Act (42 U.S.C. 
     6241(a)) is amended by inserting ``and section 164'' before 
     the period at the end.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy and Conservation Act is amended by inserting 
     after the item relating to section 163 the following:

``Sec. 164. Prohibition on certain exports.''.
                                 ______
                                 
  SA 535. Ms. DUCKWORTH (for herself, Mr. Kennedy, Mrs. Gillibrand, and 
Ms. Baldwin) 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 VIII, insert the 
     following:

     SEC. __. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Assessment Required.--
       (1) In general.--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 a report 
     assessing the domestic source content of procurements carried 
     out in connection with a major defense acquisition program.
       (2) Information repository.--The Secretary of Defense shall 
     establish an information repository for the collection and 
     analysis of information related to domestic source content 
     for products the Secretary deems critical, where such 
     information can be used for continuous data analysis and 
     program management activities.
       (b) Enhanced Domestic Content Requirement.--
       (1) In general.--Except as provided in paragraph (2), for 
     purposes of chapter 83 of title 41, United States Code, 
     manufactured articles, materials, or supplies procured in 
     connection with a major defense acquisition program are 
     manufactured substantially all from articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States if the cost of such component articles, materials, or 
     supplies--
       (A) supplied not later than the date of the enactment of 
     this Act, exceeds 60 percent of cost of the manufactured 
     articles, materials, or supplies procured;
       (B) supplied during the period beginning January 1, 2024, 
     and ending December 31, 2028, exceeds 65 percent of the cost 
     of the manufactured articles, materials, or supplies; and
       (C) supplied on or after January 1, 2029, exceeds 75 
     percent of the cost of the manufactured articles, materials, 
     or supplies.
       (2) Exclusion for certain manufactured articles.--Paragraph 
     (1) shall not apply to manufactured articles that consist 
     wholly or predominantly of iron, steel, or a combination of 
     iron and steel.
       (3) Rulemaking to create a fallback threshold.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue rules to determine the treatment of the lowest price 
     offered for a foreign end product for which 55 percent or 
     more of the component articles, materials, or supplies of 
     such foreign end product are manufactured substantially all 
     from articles, materials, or supplies mined, produced, or 
     manufactured in the United States if--
       (i) the application of paragraph (1) results in an 
     unreasonable cost; or
       (ii) no offers are submitted to supply manufactured 
     articles, materials, or supplies manufactured substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States.
       (B) Termination.--Rules issued under this paragraph shall 
     cease to have force or effect on January 1, 2030.
       (4) Applicability.--The requirements of this subsection--
       (A) shall apply to contracts entered into on or after the 
     date of the enactment of this Act; and
       (B) shall be applied in a manner consistent with the 
     obligations of the United States under any relevant 
     international agreement.
       (c) Major Defense Acquisition Program Defined.--The term 
     ``major defense acquisition program'' has the meaning given 
     the term in section 4201 of title 10, United States Code.
                                 ______
                                 
  SA 536. Mrs. SHAHEEN 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 VII, insert the 
     following:

     SEC. 7__. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE 
                   PROGRAM.

       (a) Pharmacy Benefits Program.--Section 1074g(a)(6) of 
     title 10, United States Code, is amended by adding at the end 
     the following new subparagraph:
       ``(D) Notwithstanding subparagraphs (A), (B), and (C), 
     cost-sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any eligible 
     covered beneficiary for any prescription contraceptive on the 
     uniform formulary provided through a retail pharmacy 
     described in paragraph (2)(E)(ii) or through the national 
     mail-order pharmacy program.''.
       (b) TRICARE Select.--Section 1075 of such title is 
     amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4)(A) Notwithstanding any other provision of this 
     section, cost-sharing requirements may not be imposed and 
     cost-sharing amounts may not be collected with respect to any 
     beneficiary under this section for a service described in 
     subparagraph (B) that is provided by a network provider.
       ``(B) A service described in this subparagraph is any 
     contraceptive method approved, cleared, or authorized under 
     section 505, 510(k), 513(f)(2), or 515 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 
     360e), any contraceptive care (including with respect to 
     insertion, removal, and follow up), any sterilization 
     procedure, or any patient education or counseling service 
     provided in connection with any such contraceptive, care, or 
     procedure.''; and
       (2) in subsection (f), by striking ``calculated as'' and 
     inserting ``calculated (except as provided in subsection 
     (c)(4)) as''.
       (c) TRICARE Prime.--Section 1075a of such title is amended 
     by adding at the end the following new subsection:
       ``(d) Prohibition on Cost-Sharing for Certain Services.--
     (1) Notwithstanding subsections (a), (b), and (c), cost-
     sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any beneficiary 
     enrolled in TRICARE Prime for a service described in 
     paragraph (2) that is provided under TRICARE Prime.
       ``(2) A service described in this paragraph is any 
     contraceptive method approved, cleared, or authorized under 
     section 505, 510(k), 513(f)(2), or 515 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 
     360e), any contraceptive care (including with respect to 
     insertion, removal, and follow up), any sterilization 
     procedure, or any patient education or counseling service 
     provided in connection with any such contraceptive, care, or 
     procedure.''.
                                 ______
                                 
  SA 537. Mrs. SHAHEEN (for herself and Mr. Fetterman) submitted an

[[Page S2670]]

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__. AUTHORIZATION OF ADMINISTRATIVE ABSENCES AND TRAVEL 
                   AND TRANSPORTATION ALLOWANCES FOR REPRODUCTIVE 
                   HEALTH CARE.

       (a) Leaves of Absence.--
       (1) In general.--Chapter 40 of title 10, United States 
     Code, is amended by inserting after section 708 the following 
     new section:

     ``Sec. 708a. Reproductive health administrative absence

       ``(a) In General.--Under such regulations as the Secretary 
     of Defense may prescribe, the Secretary shall grant an 
     administrative absence to a member of the armed forces who 
     requests such an absence--
       ``(1) to receive non-covered reproductive health care; or
       ``(2) to accompany a spouse or other dependent who receives 
     non-covered reproductive health care.
       ``(b) Duration.--An administrative absence granted under 
     subsection (a) pursuant to a request made under that 
     subsection may extend for a period of not more than 21 days 
     for each such request.
       ``(c) Requirements for Regulations.--The regulations 
     prescribed under subsection (a) shall provide that--
       ``(1) no additional requirement, including consultations 
     with a chaplain, medical testing, or any other form of 
     counseling, may be imposed on a member requesting an 
     administrative absence under subsection (a) by the Secretary 
     or the commander or other approval authority of the member; 
     and
       ``(2) the Secretary and the commander or other approval 
     authority of a member shall prioritize the privacy of the 
     member (and the spouse or other dependent of the member, if 
     applicable), consistent with applicable statutes and 
     regulations governing protected medical information.
       ``(d) Construction With Other Leave.--Leave under this 
     section may not be charged or credited to leave that accrued 
     or that may accrue under section 701. Any benefits provided 
     to a member under this section are in addition to any other 
     leave or absence to which the member may be entitled under 
     this chapter.
       ``(e) Non-Covered Reproductive Health Care Defined.--In 
     this section, the term `non-covered reproductive health care' 
     means reproductive health care not authorized to be performed 
     at a medical treatment facility or other facility of the 
     Department of Defense consistent with Federal law, 
     including--
       ``(1) an abortion; or
       ``(2) assisted reproductive technology, including--
       ``(A) ovarian stimulation and egg retrieval, including any 
     needed medications and procedures required for retrieval, 
     processing, and utilization of an egg for assisted 
     reproductive technology or cryopreservation;
       ``(B) sperm collection and processing for assisted 
     reproductive technology or cryopreservation;
       ``(C) intrauterine insemination; and
       ``(D) in vitro fertilization, including--
       ``(i) in vitro fertilization with fresh embryo transfer;
       ``(ii) gamete intrafallopian transfer;
       ``(iii) zygote intrafollopian transfer;
       ``(iv) pronuclear stage tubal transfer;
       ``(v) tubal embryo transfer; and
       ``(vi) frozen embryo transfer.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 40 of such title is amended by inserting 
     after the item relating to section 708 the following new 
     item:

``708a. Reproductive health administrative absence.''.
       (b) Authorization of Travel and Transportation 
     Allowances.--Section 452(b) of title 37, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(24) Travel by a member or a dependent to receive non-
     covered reproductive health care (as defined in section 
     708a(e) of title 10), including an abortion and assisted 
     reproductive technology.''.
       (c) Rule of Construction.--Nothing in this section or an 
     amendment made by this section may be construed to restrict 
     or deprive a member of the Armed Forces from accessing or 
     being granted convalescent leave consistent with section 701 
     of title 10, United States Code.
                                 ______
                                 
  SA 538. Mrs. SHAHEEN 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 XII, add the following:

     SEC. 1240A. SPECIAL ENVOY FOR BELARUS.

       (a) Special Envoy.--The President shall appoint a Special 
     Envoy for Belarus within the Department of State (referred to 
     in this section as the ``Special Envoy'').
       (b) Qualifications.--The Special Envoy--
       (1) should be a person of recognized distinction in the 
     field of European security, geopolitics, democracy, and human 
     rights; and
       (2) may be a career foreign service officer.
       (c) Central Objective.--The central objective of the 
     Special Envoy is to coordinate and promote efforts--
       (1) to improve respect for the fundamental human rights of 
     the people of Belarus;
       (2) to sustain focus on the national security implications, 
     for the United States, of Belarus's political and military 
     alignment; and
       (3) to respond to the political, economic, and security 
     impacts of events in Belarus on neighboring countries and the 
     wider region.
       (d) Duties and Responsibilities.--The Special Envoy shall--
       (1) engage in discussions with Belarusian officials 
     regarding human rights and political, economic, and security 
     issues in Belarus;
       (2) support international efforts to promote human rights 
     and political freedoms in Belarus, including coordination and 
     dialogue between the United States and the United Nations, 
     the Organization for Security and Cooperation in Europe, the 
     European Union, Belarus, and the other countries in Eastern 
     Europe;
       (3) consult with nongovernmental organizations that have 
     attempted to address human rights and political and economic 
     instability in Belarus;
       (4) make recommendations regarding the funding of 
     activities promoting human rights, democracy, the rule of 
     law, and the development of a market economy in Belarus;
       (5) review strategies for improving protection of human 
     rights in Belarus, including technical training and exchange 
     programs;
       (6) develop an action plan for holding to account the 
     perpetrators of the human rights violations documented in the 
     United Nations High Commissioner for Human Rights report on 
     the situation of human rights in Belarus in the run-up to the 
     2020 presidential election and its aftermath (Human Rights 
     Council Resolution 49/36);
       (7) engage with member countries of the North Atlantic 
     Treaty Organization, the Organization for Security and 
     Cooperation in Europe, and the European Union with respect to 
     the implications of Belarus's political and security 
     alignment for transatlantic security; and
       (8) to work within the Department of State and among 
     partnering countries to sustain focus on the political 
     situation in Belarus.
       (e) Role.--The position of Special Envoy--
       (1) shall be a full-time position;
       (2) may not be combined with any other position within the 
     Department of State;
       (3) shall only exist for the period during which United 
     States diplomatic operations in Belarus at the United States 
     Embassy in Minsk have been suspended; and
       (4) shall oversee the operations and personnel of the 
     Belarus Affairs Unit of the Department of State.
       (f) Report on Activities.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter for the following 5 years, the Secretary of State, 
     in consultation with the Special Envoy, shall submit to the 
     appropriate congressional committees a report that describes 
     the activities undertaken pursuant to subsection (d) during 
     the reporting period.
       (g) Termination.--The position of Special Envoy for Belarus 
     Affairs and the authorities provided by this section shall 
     terminate on the date that is 5 years after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 539. Mrs. SHAHEEN 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 title X, add the following:

            Subtitle H--Afghan Allies Protection Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Afghan Allies 
     Protection Act of 2023''.

     SEC. 1092. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) section 1248(h) of the Refugee Crisis in Iraq Act of 
     2007 (Public Law 110-181; 8 U.S.C. 1157 note) requires the 
     Secretary of Homeland Security, the Secretary of State, and 
     the Secretary of Defense to designate senior coordinating 
     officials, with sufficient expertise, authority, and 
     resources, to carry out duties relating to the issuance of 
     special immigrant visas under that Act and the Afghan Allies 
     Protection Act of 2009 (Public Law 111-8; U.S.C. 1101 note);
       (2) the Secretary of Homeland Security, the Secretary of 
     State, and the Secretary of Defense should take all necessary 
     steps to designate such senior coordinating officials;
       (3) all criteria relating to the requirements for special 
     immigrant visa applicants under the Refugee Crisis in Iraq 
     Act of 2007 (Public Law 110-181; 8 U.S.C. 1157 note) and the 
     Afghan Allies Protection Act of 2009 (Public

[[Page S2671]]

     Law 111-8; 8 U.S.C. 1101 note) should be implemented on the 
     date of the enactment of Act;
       (4) in the case of any individual with respect to whom the 
     Chief of Mission has erroneously denied a request for 
     approval to apply for a special immigrant visa under the 
     Refugee Crisis in Iraq Act of 2007 (Public Law 110-181; 8 
     U.S.C. 1157 note) or the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note), the Chief of Mission 
     should reopen such requests sua sponte, including for any 
     individual who has--
       (A) not appealed;
       (B) submitted an appeal; or
       (C) had an appeal denied; and
       (5) each applicant for a special immigrant visa under the 
     Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
     U.S.C. 1101 note) should be provided the opportunity to 
     submit not more than one appeal for each written denial, 
     which would allow the applicant the opportunity to understand 
     and respond to the denial.

     SEC. 1093. AUTHORIZING ADDITIONAL AFGHAN SPECIAL IMMIGRANT 
                   VISAS.

       Section 602(b)(3)(F) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029'';
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2025'' and inserting ``January 
     31, 2030''.

     SEC. 1094. EXEMPTION FOR AFGHANS INJURED OR KILLED IN THE 
                   COURSE OF EMPLOYMENT.

       Section 602(b)(2)(A) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.

     SEC. 1095. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL 
                   AFGHAN SPECIAL IMMIGRANT VISA APPLICATIONS AND 
                   APPEALS.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``In this section'' and inserting ``Except 
     as otherwise explicitly provided, in this section''; and
       (2) in subsection (b), by adding at the end the following:
       ``(16) Department of state strategy for efficient 
     processing of applications and appeals.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary of State, 
     in consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the head of any other relevant Federal 
     agency, the appropriate committees of Congress, and civil 
     society organizations (including legal advocates), shall 
     develop a strategy to address applications pending at all 
     steps of the special immigrant visa process under this 
     section.
       ``(B) Elements.--The strategy required by subparagraph (A) 
     shall include the following:
       ``(i) A review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process under this section.
       ``(ii) An analysis of the expected Chief of Mission 
     approvals and denials of applications in the pipeline in 
     order to project the expected number of visas necessary to 
     provide special immigrant status to all approved applicants 
     under this Act during the several years after the date of the 
     enactment of this paragraph.
       ``(iii) A plan for collecting and disaggregating data on--

       ``(I) individuals who have applied for special immigrant 
     visas under this section; and
       ``(II) individuals who have been issued visas under this 
     section.

       ``(iv) An assessment as to whether adequate guidelines 
     exist for reconsidering or reopening applications for special 
     immigrant visas under this section in appropriate 
     circumstances and consistent with applicable laws.
       ``(v) An assessment of the procedures throughout the 
     special immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       ``(C) Form.--The strategy required by subparagraph (A) 
     shall be submitted in unclassified form but may include an 
     classified annex.
       ``(D) Appropriate committees of congress defined.--In this 
     paragraph, the term `appropriate committees of Congress' 
     means--
       ``(i) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Armed Services of 
     the Senate; and
       ``(ii) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Homeland Security, and the 
     Committee on Armed Services of the House of 
     Representatives.''.

     SEC. 1096. SENIOR COORDINATING OFFICIALS.

       Section 602(b)(2)(D)(ii) of the Afghan Allies Protection 
     Act of 2009 (Public Law 111-8; 8 U.S.C. 1101) is amended by 
     adding at the end the following:

       ``(III) Senior special immigrant visa coordinating 
     officials.--

       ``(aa) In general.--The head of each Federal agency that 
     employs a national of Afghanistan who may be eligible for a 
     special immigrant visa under this section, and the head of 
     each Federal agency that is integral to the processing of 
     such visas (including the Department of State, the Department 
     of Defense, the Department of Homeland Security, and the 
     Department of Health and Human Services), shall designate a 
     senior coordinating official to oversee the efficiency and 
     integrity of the processing of visas for such nationals of 
     Afghanistan.
       ``(bb) Qualifications.--An official designated under item 
     (aa) shall be of a sufficient seniority to allow for 
     interagency coordination and responsiveness among the 
     relevant Federal agencies.
       ``(cc) Responsibilities and clearances.--Such an official 
     shall be given the responsibilities and clearances described 
     in items (aa),(bb), and (cc) of subclause (II).''.

     SEC. 1097. AUTHORITY FOR REIMBURSEMENT OF MEDICAL 
                   EXAMINATIONS IN CASES OF ECONOMIC HARDSHIP.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Medical Examinations.--
       ``(1) Reimbursement.--Subject to the amounts provided in 
     advance in appropriations Acts, the Secretary of State shall, 
     on receipt of a petition for reimbursement, reimburse an 
     alien described in subparagraph (A), (B), or (C) of 
     subsection (b)(2) for the costs incurred by the alien for any 
     medical examination required under the immigration laws (as 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)))
       ``(2) Petition.--Not later than the date on which an alien 
     receives Chief of Mission approval pursuant to subsection 
     (b), the alien shall submit to a consular officer of the 
     United States in the foreign country in which the alien is 
     located a petition for reimbursement for any medical 
     examination required under the immigration laws.
       ``(3) Consular officer determination.--
       ``(A) In general.--Not later than 7 business days after the 
     date on which a petition under paragraph (2) is submitted, a 
     consular officer of the United States shall provide to the 
     alien who submitted the petition a written notice of approval 
     or denial of the petition.
       ``(B) Explanation of denial.--A written notice of denial 
     under subparagraph (A) shall be accompanied by an explanation 
     for the denial and instructions for appealing the denial.
       ``(4) Appeals process.--The Secretary of State shall 
     establish a process by which an alien may appeal the denial 
     of a petition under this subsection.
       ``(5) Cap on reimbursement.--A reimbursement approved under 
     this subsection may not exceed the fair market value of 
     medical examinations, as determined by the Secretary of 
     State, in the applicable foreign country.
       ``(6) Payment before examination.--The Secretary of State, 
     on a case-by-case basis, may approve and disburse payment for 
     a medical examination in advance of the medical 
     examination.''.

     SEC. 1098. AUTHORIZATION OF VIRTUAL INTERVIEWS.

       Section 602(b)(4) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 21 note) is amended by 
     adding at the end the following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration

[[Page S2672]]

     and Nationality Act (8 U.S.C. 1202(e)), an application for an 
     immigrant visa under this section may be signed by the 
     applicant through a virtual video meeting before a consular 
     officer and verified by the oath of the applicant 
     administered by the consular officer during a virtual video 
     meeting.''.

     SEC. 1099. ANNUAL REPORT ON EFFICIENCY IMPROVEMENTS TO 
                   APPLICATION PROCESSING FOR CERTAIN IRAQI AND 
                   AFGHAN TRANSLATORS AND INTERPRETERS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State and the Secretary of Homeland Security, in 
     consultation with the Secretary of Defense, shall publish on 
     the internet website of the Department of State a report that 
     describes the efficiency improvements made with respect to 
     the processes by which applications for special immigrant 
     visas under section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 
     U.S.C. 1101 note) are processed.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) For each month of the preceding fiscal year, the number 
     of aliens who have applied for special immigrant visas under 
     section 1059 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).
       (2) The number of visas issued to principal and derivative 
     applicants under such section during the preceding fiscal 
     year.
       (3) The number of visas that remained authorized and 
     available at the end of the preceding fiscal year.
       (4) In the case of a failure to process an application for 
     such a visa that has been pending for more than one year, the 
     reasons for such failure.
       (5) The total number of applications for such visas that 
     are pending as of the date of the report due to--
       (A) failure to receive approval through the normal course 
     of the process of adjudicating applications; and
       (B) an insufficient number of visas available.
       (6) The number of, and reasons for, denials or rejections 
     of such applications.
       (c) Initial Report.--In addition to the elements under 
     subsection (b), the initial report submitted under subsection 
     (a) shall include the number of visas converted under Section 
     2 of Public Law 110-242 (8 U.S.C. 1101 note).
                                 ______
                                 
  SA 540. Mrs. SHAHEEN 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 title X, add the following:

            Subtitle H--Afghan Allies Protection Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Afghan Allies 
     Protection Act of 2023''.

     SEC. 1092. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) section 1248(h) of the Refugee Crisis in Iraq Act of 
     2007 (Public Law 110-181; 8 U.S.C. 1157 note) requires the 
     Secretary of Homeland Security, the Secretary of State, and 
     the Secretary of Defense to designate senior coordinating 
     officials, with sufficient expertise, authority, and 
     resources, to carry out duties relating to the issuance of 
     special immigrant visas under that Act and the Afghan Allies 
     Protection Act of 2009 (Public Law 111-8; U.S.C. 1101 note);
       (2) the Secretary of Homeland Security, the Secretary of 
     State, and the Secretary of Defense should take all necessary 
     steps to designate such senior coordinating officials;
       (3) all criteria relating to the requirements for special 
     immigrant visa applicants under the Refugee Crisis in Iraq 
     Act of 2007 (Public Law 110-181; 8 U.S.C. 1157 note) and the 
     Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
     U.S.C. 1101 note) should be implemented on the date of the 
     enactment of Act;
       (4) in the case of any individual with respect to whom the 
     Chief of Mission has erroneously denied a request for 
     approval to apply for a special immigrant visa under the 
     Refugee Crisis in Iraq Act of 2007 (Public Law 110-181; 8 
     U.S.C. 1157 note) or the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note), the Chief of Mission 
     should reopen such requests sua sponte, including for any 
     individual who has--
       (A) not appealed;
       (B) submitted an appeal; or
       (C) had an appeal denied; and
       (5) each applicant for a special immigrant visa under the 
     Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
     U.S.C. 1101 note) should be provided the opportunity to 
     submit not more than one appeal for each written denial, 
     which would allow the applicant the opportunity to understand 
     and respond to the denial.

     SEC. 1093. AUTHORIZING ADDITIONAL AFGHAN SPECIAL IMMIGRANT 
                   VISAS.

       Section 602(b)(3)(F) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029'';
       (B) in the matter preceding clause (i), by striking 
     ``38,500'' and inserting ``58,500'';
       (C) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (D) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2025'' and inserting ``January 
     31, 2030''.

     SEC. 1094. EXEMPTION FOR AFGHANS INJURED OR KILLED IN THE 
                   COURSE OF EMPLOYMENT.

       Section 602(b)(2)(A) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.

     SEC. 1095. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL 
                   AFGHAN SPECIAL IMMIGRANT VISA APPLICATIONS AND 
                   APPEALS.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``In this section'' and inserting ``Except 
     as otherwise explicitly provided, in this section''; and
       (2) in subsection (b), by adding at the end the following:
       ``(16) Department of state strategy for efficient 
     processing of applications and appeals.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary of State, 
     in consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the head of any other relevant Federal 
     agency, the appropriate committees of Congress, and civil 
     society organizations (including legal advocates), shall 
     develop a strategy to address applications pending at all 
     steps of the special immigrant visa process under this 
     section.
       ``(B) Elements.--The strategy required by subparagraph (A) 
     shall include the following:
       ``(i) A review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process under this section.
       ``(ii) An analysis of the expected Chief of Mission 
     approvals and denials of applications in the pipeline in 
     order to project the expected number of visas necessary to 
     provide special immigrant status to all approved applicants 
     under this Act during the several years after the date of the 
     enactment of this paragraph.
       ``(iii) A plan for collecting and disaggregating data on--

       ``(I) individuals who have applied for special immigrant 
     visas under this section; and
       ``(II) individuals who have been issued visas under this 
     section.

       ``(iv) An assessment as to whether adequate guidelines 
     exist for reconsidering or reopening applications for special 
     immigrant visas under this section in appropriate 
     circumstances and consistent with applicable laws.
       ``(v) An assessment of the procedures throughout the 
     special immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       ``(C) Form.--The strategy required by subparagraph (A) 
     shall be submitted in unclassified form but may include an 
     classified annex.
       ``(D) Appropriate committees of congress defined.--In this 
     paragraph, the term `appropriate committees of Congress' 
     means--

[[Page S2673]]

       ``(i) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Armed Services of 
     the Senate; and
       ``(ii) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Homeland Security, and the 
     Committee on Armed Services of the House of 
     Representatives.''.

     SEC. 1096. SENIOR COORDINATING OFFICIALS.

       Section 602(b)(2)(D)(ii) of the Afghan Allies Protection 
     Act of 2009 (Public Law 111-8; 8 U.S.C. 1101) is amended by 
     adding at the end the following:

       ``(III) Senior special immigrant visa coordinating 
     officials.--

       ``(aa) In general.--The head of each Federal agency that 
     employs a national of Afghanistan who may be eligible for a 
     special immigrant visa under this section, and the head of 
     each Federal agency that is integral to the processing of 
     such visas (including the Department of State, the Department 
     of Defense, the Department of Homeland Security, and the 
     Department of Health and Human Services), shall designate a 
     senior coordinating official to oversee the efficiency and 
     integrity of the processing of visas for such nationals of 
     Afghanistan.
       ``(bb) Qualifications.--An official designated under item 
     (aa) shall be of a sufficient seniority to allow for 
     interagency coordination and responsiveness among the 
     relevant Federal agencies.
       ``(cc) Responsibilities and clearances.--Such an official 
     shall be given the responsibilities and clearances described 
     in items (aa),(bb), and (cc) of subclause (II).''.

     SEC. 1097. AUTHORITY FOR REIMBURSEMENT OF MEDICAL 
                   EXAMINATIONS IN CASES OF ECONOMIC HARDSHIP.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Medical Examinations.--
       ``(1) Reimbursement.--Subject to the amounts provided in 
     advance in appropriations Acts, the Secretary of State shall, 
     on receipt of a petition for reimbursement, reimburse an 
     alien described in subparagraph (A), (B), or (C) of 
     subsection (b)(2) for the costs incurred by the alien for any 
     medical examination required under the immigration laws (as 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)))
       ``(2) Petition.--Not later than the date on which an alien 
     receives Chief of Mission approval pursuant to subsection 
     (b), the alien shall submit to a consular officer of the 
     United States in the foreign country in which the alien is 
     located a petition for reimbursement for any medical 
     examination required under the immigration laws.
       ``(3) Consular officer determination.--
       ``(A) In general.--Not later than 7 business days after the 
     date on which a petition under paragraph (2) is submitted, a 
     consular officer of the United States shall provide to the 
     alien who submitted the petition a written notice of approval 
     or denial of the petition.
       ``(B) Explanation of denial.--A written notice of denial 
     under subparagraph (A) shall be accompanied by an explanation 
     for the denial and instructions for appealing the denial.
       ``(4) Appeals process.--The Secretary of State shall 
     establish a process by which an alien may appeal the denial 
     of a petition under this subsection.
       ``(5) Cap on reimbursement.--A reimbursement approved under 
     this subsection may not exceed the fair market value of 
     medical examinations, as determined by the Secretary of 
     State, in the applicable foreign country.
       ``(6) Payment before examination.--The Secretary of State, 
     on a case-by-case basis, may approve and disburse payment for 
     a medical examination in advance of the medical 
     examination.''.

     SEC. 1098. AUTHORIZATION OF VIRTUAL INTERVIEWS.

       Section 602(b)(4) of the Afghan Allies Protection Act of 
     2009 (Public Law 111-8; 8 U.S.C. 1101 21 note) is amended by 
     adding at the end the following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.

     SEC. 1099. ANNUAL REPORT ON EFFICIENCY IMPROVEMENTS TO 
                   APPLICATION PROCESSING FOR CERTAIN IRAQI AND 
                   AFGHAN TRANSLATORS AND INTERPRETERS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State and the Secretary of Homeland Security, in 
     consultation with the Secretary of Defense, shall publish on 
     the internet website of the Department of State a report that 
     describes the efficiency improvements made with respect to 
     the processes by which applications for special immigrant 
     visas under section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 
     U.S.C. 1101 note) are processed.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) For each month of the preceding fiscal year, the number 
     of aliens who have applied for special immigrant visas under 
     section 1059 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).
       (2) The number of visas issued to principal and derivative 
     applicants under such section during the preceding fiscal 
     year.
       (3) The number of visas that remained authorized and 
     available at the end of the preceding fiscal year.
       (4) In the case of a failure to process an application for 
     such a visa that has been pending for more than one year, the 
     reasons for such failure.
       (5) The total number of applications for such visas that 
     are pending as of the date of the report due to--
       (A) failure to receive approval through the normal course 
     of the process of adjudicating applications; and
       (B) an insufficient number of visas available.
       (6) The number of, and reasons for, denials or rejections 
     of such applications.
       (c) Initial Report.--In addition to the elements under 
     subsection (b), the initial report submitted under subsection 
     (a) shall include the number of visas converted under Section 
     2 of Public Law 110-242 (8 U.S.C. 1101 note).
                                 ______
                                 
  SA 541. Mrs. SHAHEEN (for herself and Mr. Romney) 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 A of title XII, add the following:

     SEC. 1213. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.

       (a) Short Title.--This section may be cited as the ``Black 
     Sea Security Act of 2023''.
       (b) Sense of Congress on Black Sea Security.--It is the 
     sense of Congress that--
       (1) it is in the interest of the United States to support 
     efforts to prevent the spread of further armed conflict in 
     Europe by recognizing the Black Sea region as an arena of 
     Russian aggression;
       (2) littoral states of the Black Sea are critical in 
     countering aggression by the Government of the Russian 
     Federation and contributing to the collective security of 
     NATO;
       (3) the repeated, illegal, unprovoked, and violent attempts 
     of the Russian Federation to expand its territory and control 
     access to the Mediterranean Sea through the Black Sea 
     constitutes a threat to the national security of the United 
     States and NATO;
       (4) the United States condemns attempts by the Russian 
     Federation to change or alter boundaries in the Black Sea 
     region by force or any means contrary to international law 
     and to impose a sphere of influence across the region;
       (5) the United States and its allies should robustly 
     counter Russia's illegitimate territorial claims on the 
     Crimean Peninsula, along Ukraine's territorial waters in the 
     Black Sea and the Sea of Azov, in the Black Sea's 
     international waters, and in the territories it is illegally 
     occupying in Ukraine;
       (6) the United States should continue to work within NATO 
     and with NATO allies to develop a long-term strategy to 
     enhance security, establish a permanent, sustainable presence 
     along NATO's eastern flank, and bolster the democratic 
     resilience of its allies and partners in the region;
       (7) the United States should work within NATO and with NATO 
     allies to develop a regular, rotational maritime presence in 
     the Black Sea;
       (8) the United States should work with the European Union 
     on coordinating a strategy to support democratic initiatives 
     and economic prosperity in the region, which includes 2 
     European Union members and 4 European Union aspirant nations;
       (9) Turkey's behavior towards some regional allies and 
     democratic states has been counterproductive and has 
     contributed to increased tensions in the region, and Turkey 
     should avoid any actions to further escalate regional 
     tensions;
       (10) the United States should work to foster dialogue among 
     countries within the Black Sea region to improve 
     communication and intelligence sharing and increase cyber 
     defense capabilities;
       (11) countries with historic and economic ties to Russia 
     are looking to the United States and Europe to provide a 
     positive economic presence in the broader region as a 
     counterbalance to the Russian Federation's malign influence 
     in the region;
       (12) it is in the interest of the United States to support 
     and bolster the economic ties between the United States and 
     Black Sea states;
       (13) the United States should support the initiative 
     undertaken by central and eastern European states to advance 
     the Three Seas Initiative Fund to strengthen transport, 
     energy, and digital infrastructure connectivity in the region 
     between the Adriatic Sea, Baltic Sea, and Black Sea;

[[Page S2674]]

       (14) there are mutually beneficial opportunities for 
     increased investment and economic expansion, particularly on 
     energy, climate, and transport infrastructure initiatives, 
     between the United States and Black Sea states and the 
     broader region;
       (15) improved economic ties between the United States and 
     the Black Sea states and the broader region can lead to a 
     strengthened strategic partnership;
       (16) the United States must seek to address the food 
     security challenges arising from disruption of Ukraine's 
     Black Sea and Azov Sea ports, as this global challenge will 
     have critical national security implications for the United 
     States, our partners, and allies;
       (17) Turkey, in coordination with the United Nations, has 
     played an important role in alleviating global food 
     insecurity by negotiating 2 agreements to allow grain exports 
     from Ukrainian ports through a safe corridor in the Black 
     Sea;
       (18) Russia has a brutal history of using hunger as a 
     weapon and must be stopped;
       (19) countering the PRC's coercive economic pursuits 
     remains an important policy imperative in order to further 
     integrate the Black Sea states into western economies and 
     improve regional stability; and
       (20) Turkey's continued delay in ratifying Sweden and 
     Finland's accession to NATO undermines the strength of the 
     alliance and inhibits the united international response to 
     Russia's unprovoked war in Ukraine.
       (c) United States Policy.--It is the policy of the United 
     States--
       (1) to actively deter the threat of Russia's further 
     escalation in the Black Sea region and defend freedom of 
     navigation in the Black Sea to prevent the spread of further 
     armed conflict in Europe;
       (2) to advocate within NATO, among NATO allies, and within 
     the European Union to develop a long-term coordinated 
     strategy to enhance security, establish a permanent, 
     sustainable presence in the eastern flank, and bolster the 
     democratic resilience of United States allies and partners in 
     the region;
       (3) to advocate within NATO and among NATO allies to 
     develop a regular, rotational maritime presence in the Black 
     Sea;
       (4) to support and bolster the economic ties between the 
     United States and Black Sea partners and mobilize the 
     Department of State, the Department of Defense, and other 
     relevant Federal departments and agencies by enhancing the 
     United States presence and investment in Black Sea states;
       (5) to provide economic alternatives to the PRC's coercive 
     economic options that destabilize and further erode economic 
     integration of the Black Sea states;
       (6) to ensure that the United States continues to support 
     Black Sea states' efforts to strengthen their democratic 
     institutions to prevent corruption and accelerate their 
     advancement into the Euroatlantic community; and
       (7) to encourage the initiative undertaken by central and 
     eastern European states to advance the Three Seas Initiative 
     to strengthen transport, energy, and digital infrastructure 
     connectivity in the region between the Adriatic Sea, Baltic 
     Sea, and Black Sea.
       (d) 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;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Black sea states.--The term ``Black Sea states'' means 
     Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
       (3) PRC.--The term ``PRC'' means the People's Republic of 
     China.
       (e) Black Sea Security and Development Strategy.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the National Security Council, in coordination with the 
     Department of State, the Department of Defense, and other 
     relevant Federal departments and agencies, is authorized to 
     direct an interagency strategy--
       (1) to increase coordination with NATO and the European 
     Union;
       (2) to deepen economic ties;
       (3) to strengthen energy security;
       (4) to support efforts to bolster their democratic 
     resilience; and
       (5) to enhance security assistance with our regional 
     partners in accordance with the values and interests of the 
     United States.
       (f) Purpose and Objectives.--The strategy authorized under 
     subsection (e) shall have the following goals and objectives:
       (1) Ensuring the efficient and effective delivery of 
     security assistance to regional partners in accordance with 
     the values and interests of the United States, prioritizing 
     assistance that will bolster defenses against hybrid warfare 
     and improve interoperability with NATO forces.
       (2) Bolstering United States support for the region's 
     energy security and integration with Europe and reducing 
     their dependence on Russia while supporting energy 
     diversification.
       (3) Mitigating the impact of economic coercion by the 
     Russian Federation and the PRC on Black Sea states and 
     identifying new opportunities for foreign direct investment 
     from the United States and cooperating countries and the 
     enhancement of United States business ties with regional 
     partners in accordance with the values and interests of the 
     United States.
       (4) Increasing high-level engagement between the United 
     States and regional partners, and reinforcing economic 
     growth, financing quality infrastructure, and reinforcing 
     trade with a focus on improving high-level economic 
     cooperation.
       (5) Increasing United States coordination with the European 
     Union and NATO to maximize effectiveness and minimize 
     duplication.
       (g) Activities.--
       (1) Security.--The strategy authorized under subsection (e) 
     should include the following elements related to security:
       (A) A plan to increase interagency coordination on the 
     Black Sea region.
       (B) An assessment of whether a United States-led initiative 
     with NATO allies to increase coordination, presence, and 
     regional engagement among Black Sea states is advisable.
       (C) A strategy to increase security assistance toward Black 
     Sea states, which is focused on Ukraine, Romania, Bulgaria, 
     Moldova, and Georgia.
       (D) Prioritization of intelligence, surveillance, and 
     reconnaissance systems to monitor Russia's operations in the 
     Black Sea region.
       (E) An assessment of the value of establishing a joint, 
     multinational three-star headquarters on the Black Sea, 
     responsible for planning, readiness, exercises, and 
     coordination of all Allied and partner military activity in 
     the greater Black Sea region.
       (F) An assessment of the challenges and opportunities of 
     establishing a regular, rotational NATO maritime presence in 
     the Black Sea, including an analysis of the capacity, 
     capabilities, and commitment of NATO members to create this 
     type of mission.
       (G) An overview of Foreign Military Financing, 
     International Military Education and Training, and other 
     United States security assistance to the Black Sea region.
       (H) A plan for communicating the changes to NATO posture to 
     the public in allied and partner countries and to the public 
     in the Russian Federation and Belarus.
       (I) A plan for combating Russian disinformation and 
     propaganda in the Black Sea region that utilizes the 
     resources of the United States Government, including the 
     Global Engagement Center.
       (J) A plan to promote greater freedom of navigation to 
     allow for greater security and economic Black Sea access.
       (2) Economic prosperity.--The strategy authorized under 
     subsection (e) shall include the following elements related 
     to economic prosperity:
       (A) A strategy to foster dialogue between experts from the 
     United States and from the Black Sea states on economic 
     expansion, foreign direct investment, strengthening rule of 
     law initiatives, and mitigating economic coercion by Russia 
     and the PRC.
       (B) A strategy for all the relevant Federal departments and 
     agencies that contribute to United States economic statecraft 
     to expand their presence and identify new opportunities for 
     private investment with regional partners in accordance with 
     the values and interests of the United States.
       (C) Assessments on energy diversification, focusing on the 
     immediate need to replace energy supplies from Russia, and 
     recognizing the long-term importance of broader energy 
     diversification, including clean energy initiatives.
       (D) Assessments of potential food security solutions, 
     including sustainable, long-term arrangements beyond the 
     Black Sea Grain Initiative.
       (3) Democratic resilience.--The strategy authorized under 
     subsection (e) shall include the following elements related 
     to democratic resilience:
       (A) A strategy to increase independent media and United 
     States-supported media initiatives to combat foreign malign 
     influence in the Black Sea region.
       (B) Greater mobilization of initiatives spearheaded by the 
     Global Engagement Center and the United States Agency for 
     International Development to counter Russian propaganda and 
     disinformation in the Black Sea region.
       (4) Regional connectivity.--The strategy authorized under 
     subsection (e) shall promote regional connectivity by sending 
     high-level representatives of the Department of State or 
     other agency partners to--
       (A) the Black Sea region not less frequently than twice per 
     year; and
       (B) major regional fora on infrastructure and energy 
     security, including the Three Seas Initiative Summit.
       (h) Identification of Necessary Programs and Resources.--
     Not later than 360 days after the date of the enactment of 
     this Act, the interagency strategy shall identify any 
     necessary program, policy, or budgetary resources required, 
     by agency, to support the implementation of the Black Sea 
     Security Strategy for fiscal years 2024, 2025, and 2026.
       (i) Responsibilities of Federal Departments and Agencies.--
     Nothing under this section may be construed to authorize the 
     National Security Council to assume any of the 
     responsibilities or authorities of the head of any Federal 
     department, agency, or office, including the foreign affairs 
     responsibilities and authorities of the Secretary of State, 
     to oversee the implementation of programs and policies under 
     this section.

[[Page S2675]]

  

                                 ______
                                 
  SA 542. Mrs. SHAHEEN 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. __. EXTENSION OF BRIEFING REQUIREMENTS RELATED TO THE 
                   ANOMALOUS HEALTH INCIDENTS INTERAGENCY 
                   COORDINATOR.

       Section 6603(c) of the National Defense Authorization Act 
     for Fiscal Year 2022 (Public Law 117-81; 50 U.S.C. 3001 note) 
     is amended by striking ``the following two years'' both 
     places it appears and inserting ``the following four years''.
                                 ______
                                 
  SA 543. Mrs. SHAHEEN 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 B of title XII, add the following:

     SEC. 1225. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR 
                   DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS 
                   IN SYRIA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, the 
     Committee on Banking, Housing, and Urban Affairs, the Select 
     Committee on Intelligence, the Committee on Appropriations, 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, the 
     Committee on Financial Services, the Permanent Select 
     Committee on Intelligence, the Committee on Appropriations, 
     and the Committee on Homeland Security of the House of 
     Representatives.
       (2) ISIS member.--The term ``ISIS member'' means a person 
     who was part of, or substantially supported, the Islamic 
     State in Iraq and Syria.
       (3) Senior coordinator.--The term ``Senior Coordinator'' 
     means the coordinator for detained ISIS members and relevant 
     displaced populations in Syria designated under subsection 
     (a) of section 1224 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as 
     amended by subsection (d).
       (b) Sense of Congress.--
       It is the sense of Congress that--
       (A) ISIS detainees held by the Syrian Democratic Forces and 
     ISIS-affiliated individuals located within displaced persons 
     camps in Syria pose a significant and growing humanitarian 
     challenge and security threat to the region;
       (B) the vast majority of individuals held in displaced 
     persons camps in Syria are women and children, approximately 
     50 percent of whom are under the age of 12 at the al-Hol 
     camp, and they face significant threats of violence and 
     radicalization, as well as lacking access to adequate 
     sanitation and health care facilities;
       (C) there is an urgent need to seek a sustainable solution 
     to such camps through repatriation and reintegration of the 
     inhabitants;
       (D) the United States should work closely with 
     international allies and partners to facilitate the 
     repatriation and reintegration efforts required to provide a 
     long-term solution for such camps and prevent the resurgence 
     of ISIS; and
       (E) if left unaddressed, such camps will continue to be 
     drivers of instability that jeopardize the long-term 
     prospects for peace and stability in the region.
       (c) Statement of Policy.--It is the policy of the United 
     States that--
       (1) ISIS-affiliated individuals located within displacement 
     camps in Syria, and other inhabitants of displacement camps 
     in Syria, be repatriated and, where appropriate, prosecuted, 
     or where possible, reintegrated into their country of origin, 
     consistent with all relevant domestic laws and applicable 
     international laws prohibiting refoulement; and
       (2) the camps will be closed as soon as is practicable.
       (d) Modification of Establishment of Coordinator for 
     Detained ISIS Members and Relevant Displaced Populations in 
     Syria.--Section 1224 of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) 
     is amended--
       (1) by striking subsection (a);
       (2) by amending subsection (b) to read as follows:
       ``(a) Designation.--
       ``(1) In general.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall designate an 
     existing official to serve within the executive branch as 
     senior-level coordinator to coordinate, in conjunction with 
     other relevant agencies, matters related to ISIS members who 
     are in the custody of the Syrian Democratic Forces and other 
     relevant displaced populations in Syria, including--
       ``(A) by engaging foreign partners to support the 
     repatriation and disposition of such individuals, including 
     by encouraging foreign partners to repatriate, transfer, 
     investigate, and prosecute such ISIS members, and share 
     information;
       ``(B) coordination of all multilateral and international 
     engagements led by the Department of State and other agencies 
     that are related to the current and future handling, 
     detention, and prosecution of such ISIS members;
       ``(C) the funding and coordination of the provision of 
     technical and other assistance to foreign countries to aid in 
     the successful investigation and prosecution of such ISIS 
     members, as appropriate, in accordance with relevant domestic 
     laws, international humanitarian law, and other 
     internationally recognized human rights and rule of law 
     standards;
       ``(D) coordination of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, displaced persons at camps or facilities in 
     Syria that hold family members of such ISIS members;
       ``(E) coordination with relevant agencies on matters 
     described in this section; and
       ``(F) any other matter the President considers relevant.
       ``(2) Rule of construction.--If, on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024, an individual has already been designated, 
     consistent with the requirements and responsibilities 
     described in paragraph (1), the requirements under that 
     paragraph shall be considered to be satisfied with respect to 
     such individual until the date on which such individual no 
     longer serves as the Senior Coordinator.'';
       (3) in subsection (c), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (4) in subsection (d), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (5) in subsection (e), by striking ``January 31, 2021'' and 
     inserting ``January 31, 2025'';
       (6) in subsection (f)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Senior coordinator.--The term `Senior Coordinator' 
     means the individual designated under subsection (a).''; and
       (C) by adding at the end the following new paragraph:
       ``(4) Relevant agencies.--The term `relevant agencies' 
     means--
       ``(A) the Department of State;
       ``(B) the Department of Defense;
       ``(C) the Department of the Treasury;
       ``(D) the Department of Justice;
       ``(E) the United States Agency for International 
     Development;
       ``(F) the Office of the Director of National Intelligence; 
     and
       ``(G) any other agency the President considers relevant.''; 
     and
       (7) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively.
       (e) Strategy on ISIS-Related Detainee and Displacement 
     Camps in Syria.--
       (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 Secretary of Defense, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall submit to the 
     appropriate committees of Congress an interagency strategy 
     with respect to ISIS-affiliated individuals and ISIS-related 
     detainee and other displaced persons camps in Syria.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include--
       (A) methods to address--
       (i) disengagement from and prevention of recruitment into 
     violence, violent extremism, and other illicit activity in 
     such camps;
       (ii) efforts to encourage and facilitate repatriation and, 
     as appropriate, investigation and prosecution of foreign 
     nationals from such camps, consistent with all relevant 
     domestic and applicable international laws;
       (iii) the return and reintegration of displaced Syrian and 
     Iraqi women and children into their communities of origin;
       (iv) international engagement to develop processes for 
     repatriation and reintegration of foreign nationals from such 
     camps;
       (v) contingency plans for the relocation of detained and 
     displaced persons who are not able to be repatriated from 
     such camps;
       (vi) efforts to improve the humanitarian conditions in such 
     camps, including through the delivery of medicine, 
     psychosocial support, clothing, education, and improved 
     housing; and
       (vii) assessed humanitarian and security needs of all camps 
     and detainment facilities based on prioritization of such 
     camps and facilities most at risk of humanitarian crises, 
     external attacks, or internal violence;
       (B) an assessment of--

[[Page S2676]]

       (i) rehabilitation centers in northeast Syria, including 
     humanitarian conditions and processes for admittance and 
     efforts to improve both humanitarian conditions and 
     admittance processes for such centers and camps, as well as 
     on the prevention of youth radicalization; and
       (ii) processes for being sent to, and resources directed 
     towards, rehabilitation centers and programs in countries 
     that receive returned ISIS affiliated individuals, with a 
     focus on the prevention of radicalization of minor children;
       (C) a plan to improve, in such camps--
       (i) security conditions, including by training of personnel 
     and through construction; and
       (ii) humanitarian conditions;
       (D) a framework for measuring progress of humanitarian, 
     security, and repatriation efforts with the goal of closing 
     such camps; and
       (E) any other matter the Secretary of State considers 
     appropriate.
       (3) Form.--The strategy required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex that is transmitted separately.
       (f) Annual Interagency Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter through January 31, 2025, the Senior 
     Coordinator, in coordination with the relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     detailed report that includes the following:
       (A) A detailed description of the facilities and camps 
     where detained ISIS members, and families with perceived ISIS 
     affiliation, are being held and housed, including--
       (i) a description of the security and management of such 
     facilities and camps;
       (ii) an assessment of resources required for the security 
     of such facilities and camps;
       (iii) an assessment of the adherence by the operators of 
     such facilities and camps to international humanitarian law 
     standards; and
       (iv) an assessment of children held within such facilities 
     and camps that may be used as part of smuggling operations to 
     evade security at the facilities and camps.
       (B) A description of all efforts undertaken by, and the 
     resources needed for, the United States Government to address 
     deficits in the humanitarian environment and security of such 
     facilities and camps.
       (C) A description of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, displaced persons at camps or facilities in 
     Iraq, Syria, and any other area affected by ISIS activity, 
     including a description of--
       (i) support for efforts by the Syrian Democratic Forces to 
     facilitate the return and reintegration of displaced people 
     from Iraq and Syria;
       (ii) repatriation efforts with respect to displaced women 
     and children and male children aging into adults while held 
     in these facilities and camps;
       (iii) any current or future potential threat to United 
     States national security interests posed by detained ISIS 
     members or displaced families, including an analysis of the 
     al-Hol camp and annexes; and
       (iv) United States Government plans and strategies to 
     respond to any threat identified under clause (iii).
       (D) The number of individuals repatriated from the custody 
     of the Syrian Democratic Forces.
       (E) An analysis of factors on the ground in Syria and Iraq 
     that may result in the unintended release of detained or 
     displaced ISIS members, and an assessment of any measures 
     available to mitigate such releases.
       (F) A detailed description of efforts to encourage the 
     final disposition and security of detained or displaced ISIS 
     members with other countries and international organizations.
       (G) A description of foreign repatriation and 
     rehabilitation programs deemed successful systems to model, 
     and an analysis of the long-term results of such programs.
       (H) A description of the manner in which the United States 
     Government communicates regarding repatriation and 
     disposition efforts with the families of United States 
     citizens believed to have been victims of a criminal act by a 
     detained or displaced ISIS member, in accordance with section 
     503(c) of the Victims' Rights and Restitution Act of 1990 (34 
     U.S.C. 20141(c)) and section 3771 of title 18, United States 
     Code.
       (I) An analysis of all efforts between the United States 
     and partner countries within the Global Coalition to Defeat 
     ISIS or other countries to share related information that may 
     aid in resolving the final disposition of ISIS members, and 
     any obstacles that may hinder such efforts.
       (J) Any other matter the Coordinator considers appropriate.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex that is transmitted separately.
       (g) Rule of Construction.--Nothing in this section, or an 
     amendment made by this section, may be construed--
       (1) to limit the authority of any Federal agency to 
     independently carry out the authorized functions of such 
     agency; or
       (2) to impair or otherwise affect the activities performed 
     by that agency as granted by law.
                                 ______
                                 
  SA 544. Mrs. SHAHEEN 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 B of title XXVIII, insert the 
     following:

     SEC. 2853. PILOT PROGRAM TO PROVIDE AIR PURIFICATION 
                   TECHNOLOGY IN MILITARY HOUSING.

       (a) In General.--The Secretary of Defense shall carry out a 
     pilot program to--
       (1) provide commercially available off-the-shelf items (as 
     defined in section 104 of title 41, United States Code) for 
     air purification and covered sensors to landlords; and
       (2) monitor and measure the effect of such items on 
     environmental and public health of tenants of military 
     housing.
       (b) Selection of Installations.--
       (1) In general.--The Secretary of the Army, the Secretary 
     of the Navy, and the Secretary of the Air Force shall each 
     select one military installation at which to carry out the 
     pilot program under subsection (a).
       (2) Considerations.--The Secretary concerned shall ensure 
     that the military installation selected under paragraph (1)--
       (A) contains military unaccompanied housing in which the 
     items described in subsection (a) may be used; and
       (B) is engaged in efforts to modernize military housing.
       (c) Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Army, the 
     Secretary of the Navy, and the Secretary of the Air Force 
     shall each provide to the Committees on Armed Services of the 
     Senate and the House of Representatives a briefing on the 
     pilot program established under this section, including a 
     description of the items described in subsection (a) used 
     under such program.
       (2) Elements.--The briefing required under paragraph (1) 
     shall include--
       (A) a description of any cost savings identified from use 
     of items described in subsection (a) relating to--
       (i) extending the life and habitability of military 
     housing; and
       (ii) reducing maintenance frequency; and
       (B) with respect to cost savings identified in subparagraph 
     (A), a plan to expand the use of the covered sensors in new 
     military housing.
       (d) Devices.--An air purification device or covered sensor 
     provided under this section shall use technology proven to 
     reduce indoor air risks and yield measurable environmental 
     and public health outcomes.
       (e) Definitions.--In this section:
       (1) Covered sensor.--The term ``covered sensor'' means a 
     commercially available product manufactured in the United 
     States that detects the conditions for potential mold growth 
     before mold is present.
       (2) Military housing.--The term ``military housing'' 
     includes military housing provided under subchapter IV of 
     chapter 169 of title 10, United States Code.
                                 ______
                                 
  SA 545. Mrs. SHAHEEN 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 VII, insert the 
     following:

     SEC. 7__. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND 
                   POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC 
                   HEALTH ASSESSMENTS.

       (a) Periodic Health Assessment.--The Secretary of Defense 
     shall ensure that any periodic health assessment provided to 
     a member of the Armed Forces includes an evaluation of 
     whether the member has been--
       (1) based or stationed at a military installation 
     identified by the Department of Defense as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       (2) exposed to such substances, including by evaluating any 
     information in the health record of the member.
       (b) Separation History and Physical Examinations.--Section 
     1145(a)(5) of title 10, United States Code, is amended--
       (1) in subparagraph (A), by striking ``subparagraph (D)'' 
     and inserting ``subparagraph (E)'';
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) The Secretary concerned shall ensure that each 
     physical examination of a member under subparagraph (A) 
     includes an assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Department as a location with a known or 
     suspected release of

[[Page S2677]]

     perfluoroalkyl substances or polyfluoroalkyl substances 
     during the period in which the member was based or stationed 
     at the military installation; or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.
       (c) Deployment Assessments.--Section 1074f(b)(2) of title 
     10, United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(E) An assessment of whether the member was--
       ``(i) based or stationed at a military installation 
     identified by the Department as a location with a known or 
     suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     member was based or stationed at the military installation; 
     or
       ``(ii) exposed to such substances, including by assessing 
     any information in the health record of the member.''.

     SEC. 7__. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED 
                   FORCES, FORMER MEMBERS OF THE ARMED FORCES, AND 
                   THEIR FAMILIES TO DETERMINE EXPOSURE TO 
                   PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL 
                   SUBSTANCES.

       (a) Members of the Armed Forces.--
       (1) In general.--If a covered evaluation of a member of the 
     Armed Forces results in a positive determination of potential 
     exposure to perfluoroalkyl substances or polyfluoroalkyl 
     substances, the Secretary of Defense shall provide to that 
     member, during that covered evaluation, blood testing to 
     determine and document potential exposure to such substances.
       (2) Inclusion in health record.--The results of blood 
     testing of a member of the Armed Forces conducted under 
     paragraph (1) shall be included in the health record of the 
     member.
       (b) Former Members of the Armed Forces and Family 
     Members.--The Secretary shall pay for blood testing to 
     determine and document potential exposure to perfluoroalkyl 
     substances or polyfluoroalkyl substances for any covered 
     individual, at the election of the individual, either through 
     the TRICARE program for individuals otherwise eligible for 
     such program or through the use of vouchers to obtain such 
     testing.
       (c) Definitions.--In this section:
       (1) Covered evaluation.--The term ``covered evaluation'' 
     means--
       (A) a periodic health assessment conducted in accordance 
     with [section 7__(a)];
       (B) a separation history and physical examination conducted 
     under section 1145(a)(5) of title 10, United States Code, as 
     amended by [section 7__(b)]; and
       (C) a deployment assessment conducted under section 
     1074f(b)(2) of such title, as amended by [section 7__(c)].
       (2) Covered individual.--The term ``covered individual'' 
     means a former member of the Armed Forces or a family member 
     of a member or former member of the Armed Forces who lived at 
     a location (or the surrounding area of such a location) 
     identified by the Department of Defense as a location with a 
     known or suspected release of perfluoroalkyl substances or 
     polyfluoroalkyl substances during the period in which the 
     individual lived at that location (or surrounding area).
       (3) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072(7) of title 10, 
     United States Code.
                                 ______
                                 
  SA 546. Mr. KING (for himself, Mr. Cornyn, Mr. Kaine, Mr. Cramer, Mr. 
Carper, Ms. Hirono, Mr. Tillis, Mr. Young, Mrs. Shaheen, Ms. Collins, 
Mr. Blumenthal, Mr. Manchin, Ms. Rosen, Mr. Rounds, Ms. Murkowski, Mr. 
Sullivan, Mrs. Fischer, and Mr. Fetterman) 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. CHINA GRAND STRATEGY COMMISSION.

       (a) Establishment.--There is established a commission, to 
     be known as the ``China Grand Strategy Commission'' (in this 
     section referred to as the ``Commission''), to develop a 
     consensus on a comprehensive grand strategy and whole-of-
     government approach with respect to the United States 
     relationship with the People's Republic of China for purposes 
     of--
       (1) ensuring a holistic approach toward the People's 
     Republic of China across all Federal departments and 
     agencies; and
       (2) defining specific steps necessary to build a stable 
     international order that accounts for the People's Republic 
     of China's participation in that order; and
       (3) providing actionable recommendations with respect to 
     the United States relationship with the People's Republic of 
     China, which are aimed at protecting and strengthening United 
     States national security interests.
       (b) Membership.--
       (1) Composition.--
       (A) In general.--The Commission shall be composed of the 
     following members:
       (i) The Deputy National Security Advisor.
       (ii) The Deputy Secretary of Defense.
       (iii) The Deputy Secretary of State.
       (iv) The Deputy Secretary of the Treasury.
       (v) The Deputy Secretary of Commerce.
       (vi) The Principal Deputy Director of National 
     Intelligence.
       (vii) Three members appointed by the majority leader of the 
     Senate, in consultation with the chairperson of the Committee 
     on Armed Services of the Senate, one of whom shall be a 
     Member of the Senate and two of whom shall not be.
       (viii) Three members appointed by the minority leader of 
     the Senate, in consultation with the ranking member of the 
     Committee on Armed Services of the Senate, one of whom shall 
     be a Member of the Senate and two of whom shall not be.
       (ix) Three members appointed by the Speaker of the House of 
     Representatives, in consultation with the chairperson of the 
     Committee on Armed Services of the House of Representatives, 
     one of whom shall be a Member of the House of Representatives 
     and two of whom shall not be.
       (x) Three members appointed by the minority leader of the 
     House of Representatives, in consultation with the ranking 
     member of the Committee on Armed Services of the House of 
     Representatives, one of whom shall be a Member of the House 
     of Representatives and two of whom shall not be.
       (B) Qualifications.--The members described in clauses (vii) 
     through (x) of subparagraph (A) who are not Members of 
     Congress shall be individuals who are nationally recognized 
     and have well-documented expertise, knowledge, or experience 
     in--
       (i) the history, culture, economy, or national security 
     policies of the People's Republic of China;
       (ii) the United States economy;
       (iii) the use of intelligence information by national 
     policymakers and military leaders;
       (iv) the implementation, funding, or oversight of the 
     foreign and national security policies of the United States; 
     or
       (v) the implementation, funding, or oversight of economic 
     and trade policies of the United States.
       (C) Avoidance of conflicts of interest.--An official who 
     appoints members of the Commission may not appoint an 
     individual as a member of the Commission if such individual 
     possesses any personal or financial interest in the discharge 
     of any of the duties of the Commission.
       (2) Co-chairpersons.--
       (A) In general.--The Commission shall have two co-
     chairpersons, selected from among the members of the 
     Commission, of whom--
       (i) one co-chairperson shall be a member of the Democratic 
     Party; and
       (ii) one co-chairperson shall be a member of the Republican 
     Party.
       (B) Consensus.--The individuals selected to serve as the 
     co-chairpersons of the Commission shall be jointly agreed 
     upon by the President, the majority leader of the Senate, the 
     minority leader of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives.
       (c) Appointment; Initial Meeting.--
       (1) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (2) Initial meeting.--The Commission shall hold its initial 
     meeting on or before the date that is 60 days after the date 
     of the enactment of this Act.
       (d) Meetings; Quorum; Vacancies.--
       (1) In general.--After its initial meeting, the Commission 
     shall meet upon the call of the co-chairpersons of the 
     Commission.
       (2) Quorum.--Ten members of the Commission shall constitute 
     a quorum for purposes of conducting business, except that two 
     members of the Commission shall constitute a quorum for 
     purposes of receiving testimony.
       (3) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers, and shall be filled in the same manner in 
     which the original appointment was made.
       (4) Quorum with vacancies.--If vacancies on the Commission 
     occur on any day after the date that is 45 days after the 
     date of the enactment of this Act, a quorum shall consist of 
     a majority of the members of the Commission as of such day.
       (e) Actions of Commission.--
       (1) In general.--The Commission shall act by resolution 
     agreed to by a majority of the members of the Commission 
     voting and present.
       (2) Panels.--The Commission may establish panels composed 
     of less than the full membership of the Commission for 
     purposes of carrying out the duties of the Commission under 
     this section. The actions of any such panel shall be subject 
     to the review and control of the Commission. Any findings and 
     determinations made by such a panel shall not be considered 
     to be the findings and determinations of the Commission 
     unless approved by the Commission.
       (3) Delegation.--Any member, agent, or staff member of the 
     Commission may, if authorized by the co-chairpersons of the 
     Commission, take any action that the Commission is authorized 
     to take pursuant to this section.
       (f) Duties of Commission.--The duties of the Commission are 
     as follows:

[[Page S2678]]

       (1) To define the core objectives and priorities of the 
     strategy described in subsection (a).
       (2) To provide definitions of the terms ``grand strategy'' 
     and ``stable international order'' as such terms relate to 
     United States national security interests and policy toward 
     the People's Republic of China.
       (3) To recommend steps toward a stable international order 
     that includes the People's Republic of China that accounts 
     for the People's Republic of China's participation in that 
     order.
       (4) To consider the manner in which the United States and 
     the allies and partners of the United States cooperate and 
     compete with the People's Republic of China and to identify 
     areas for such cooperation and competition.
       (5) To consider methods for recalibrating economic ties 
     with the People's Republic of China, and any necessary 
     modifications to such ties that may be undertaken by the 
     United States Government.
       (6) To consider methods for recalibrating additional non-
     economic ties with the People's Republic of China, and any 
     necessary modifications to such ties to be undertaken by the 
     United States Government, including research, political, and 
     security ties.
       (7) To understand the linkages across multiple levels of 
     the Federal Government with respect to United States policy 
     toward the People's Republic of China.
       (8) To seek to protect and strengthen global democracy and 
     democratic norms.
       (9) To understand the history, culture, and goals of the 
     People's Republic of China and to consider the manner in 
     which the People's Republic of China defines and seeks to 
     implement its goals.
       (10) To review--
       (A) the strategies and intentions of the People's Republic 
     of China that affect United States national and global 
     interests;
       (B) the purpose and efficacy of current programs for the 
     defense of the United States; and
       (C) the capabilities of the Federal Government for 
     understanding whether, and the manner in which, the People's 
     Republic of China is currently being deterred or thwarted in 
     its aims and ambitions, including in cyberspace.
       (11) To detail and evaluate current United States policy 
     and strategic interests, including the pursuit of a free and 
     open Indo-Pacific region, with respect to the People's 
     Republic of China, and the manner in which United States 
     policy affects the policy of the People's Republic of China.
       (12) To assess the manner in which the invasion of Ukraine 
     by the Russian Federation may have impacted the People's 
     Republic of China's calculations on an invasion of Taiwan and 
     the implications of such impact on the prospects for short-
     term, medium-term, and long-term stability in the Taiwan 
     Strait.
       (13) In evaluating options for such strategy, to consider 
     possible structures and authorities that need to be 
     established, revised, or augmented within the Federal 
     Government to maintain United States national security 
     interests in relation to policy toward the People's Republic 
     of China.
       (g) Powers of Commission.--
       (1) Hearings and evidence.--The Commission or, as delegated 
     by the co-chairpersons of the Commission, any panel or member 
     thereof, may, for the purpose of carrying out this section--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission, or such designated 
     panel or designated member, considers necessary; and
       (B) subject to paragraph (2), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated panel or designated member considers necessary.
       (2) Subpoenas.--
       (A) In general.--Subpoenas may be issued under paragraph 
     (1)(B) under the signature of the co-chairpersons of the 
     Commission, and may be served by any person designated by 
     such co-chairpersons.
       (B) Failure to comply.--The provisions of sections 102 
     through 104 of the Revised Statutes (2 U.S.C. 192-194) shall 
     apply in the case of any failure of a witness to comply with 
     any subpoena or to testify when summoned under authority of 
     this section.
       (3) Contracts.--The Commission may, to such extent and in 
     such amounts as are provided in advance in appropriations 
     Acts, enter into contracts to enable the Commission to 
     discharge its duties under this section.
       (4) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from 
     any executive department, agency, bureau, board, commission, 
     office, independent establishment, or instrumentality of the 
     Government information, suggestions, estimates, and 
     statistics for the purposes of this section.
       (B) Furnishing information.--Each such department, agency, 
     bureau, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by a 
     co-chairperson of the Commission.
       (C) Handling of classified information.--The Commission 
     shall handle and protect all classified information provided 
     to it under this section in accordance with applicable law.
       (5) Assistance from federal agencies.--
       (A) Secretary of defense.--The Secretary of Defense shall 
     provide to the Commission, on a nonreimbursable basis, such 
     administrative services, funds, staff, facilities, and other 
     support services as are necessary for the performance of the 
     Commission's duties under this section.
       (B) Other departments and agencies.--Other Federal 
     departments and agencies may provide the Commission such 
     services, funds, facilities, staff, and other support as such 
     departments and agencies consider advisable and as may be 
     authorized by law.
       (C) Cooperation.--The Commission shall receive the full and 
     timely cooperation of any official, department, or agency of 
     the Federal Government whose assistance is necessary, as 
     jointly determined by the co-chairpersons of the Commission, 
     for the fulfillment of the duties of the Commission, 
     including the provision of full and current briefings and 
     analyses.
       (6) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as the departments and agencies of the Federal Government.
       (7) Gifts.--A member or staff of the Commission may not 
     receive a gift or benefit by reason of the service of such 
     member or staff to the Commission.
       (h) Staff and Compensation.--
       (1) Staff.--
       (A) Compensation.--The co-chairpersons of the Commission, 
     in accordance with rules agreed upon by the Commission, shall 
     appoint and fix the compensation of a staff director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out its duties, without regard to the provisions of 
     title 5, United States Code governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this paragraph may 
     exceed the equivalent of that payable to a person occupying a 
     position at level V of the Executive Schedule under section 
     5316 of such title.
       (B) Detail of government employees.--A Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (2) Commission members.--
       (A) Compensation.--
       (i) In general.--Subject to clause (ii) and except as 
     provided in subparagraph (B), each member of the Commission 
     may be compensated at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which the member is engaged in the actual performance of the 
     duties of the Commission under this section.
       (ii) Members of congress and federal employees.--Members of 
     the Commission who are Members of Congress or officers or 
     employees of the Federal Government may not receive 
     additional pay by reason of their service on the Commission.
       (B) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.
       (3) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     such title.
       (4) Security clearances for commission members, staff, and 
     consultants.--
       (A) In general.--The appropriate Federal agencies or 
     departments shall cooperate with the Commission in 
     expeditiously providing to Commission members, staff, and 
     consultants appropriate security clearances to the extent 
     possible pursuant to existing procedures and requirements, 
     except that no person shall be provided access to classified 
     information under this Act without the appropriate security 
     clearances.
       (B) Expedited processing.--The Office of Senate Security 
     and the Office of House Security shall ensure the expedited 
     processing of appropriate security clearances for personnel 
     appointed to the Commission by their respective Senate and 
     House of Representatives offices under processes developed 
     for the clearance of legislative branch employees.
       (i) Treatment of Information Relating to National 
     Security.--
       (1) In general.--The Director of National Intelligence 
     shall assume responsibility for the handling and disposition 
     of any information related to the national security of the 
     United States that is received, considered, or used by the 
     Commission under this section.
       (2) Approval required.--Information related to the national 
     security of the United States that is provided to the 
     Commission by the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, the Committee on Armed Services of 
     the

[[Page S2679]]

     Senate, or the Committee on Armed Services of the House of 
     Representatives may not be further provided or released 
     without the approval of the chairperson of such committee.
       (3) Access after termination of commission.--
     Notwithstanding any other provision of law, after the 
     termination of the Commission under subsection (k), only the 
     members and designated staff of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives, the Director 
     of National Intelligence (and the designees of the Director), 
     and such other officials of the executive branch as the 
     President may designate shall have access to information 
     related to the national security of the United States that is 
     received, considered, or used by the Commission.
       (j) Report.--
       (1) In general.--Not later than September 1, 2025, the 
     Commission shall submit to the appropriate committees of 
     Congress, the Assistant to the President for National 
     Security Affairs, the Secretary of State, the Secretary of 
     Defense, the Secretary of the Treasury, the Secretary of 
     Commerce, and the Director of National Intelligence a final 
     report on the findings and recommendations of the Commission.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form and shall include a classified 
     annex.
       (k) Termination of Commission.--
       (1) In general.--The Commission, and all the authorities of 
     this section, shall terminate at the end of the 120-day 
     period beginning on the date on which the final report is 
     submitted under subsection (j).
       (2) Administrative activities before termination.--The 
     Commission may use the 120-day period referred to in 
     paragraph (1) for the purpose of concluding its activities, 
     including providing testimony to Congress concerning the 
     final report required by subsection (j) and disseminating 
     such report.
       (l) Assessments of Final Report.--Not later than 60 days 
     after the date on which the final report required by 
     subsection (j) is submitted, the Secretary of State, the 
     Secretary of Defense, the Secretary of the Treasury, the 
     Secretary of Commerce, and the Director of National 
     Intelligence shall each submit to the appropriate committees 
     of Congress an assessment of the final report that includes 
     such comments on the findings and recommendations contained 
     in the final report as the Director or Secretary, as 
     applicable, considers appropriate.
       (m) Inapplicability of Certain Administrative Provisions.--
       (1) Federal advisory committee act.--The provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (2) Freedom of information act.--The provisions of section 
     552 of title 5, United States Code (commonly referred to as 
     the ``Freedom of Information Act''), shall not apply to the 
     activities, records, and proceedings of the Commission under 
     this section.
       (n) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated by this Act for fiscal year 
     2023 for the Department of Defense, $5,000,000 shall be made 
     available to carry out this section, to remain available 
     until the termination of the Commission.
       (o) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Appropriations, the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on Foreign Relations, and the Committee on Finance 
     of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Appropriations, 
     the Committee on Energy and Commerce, the Committee on 
     Science, Space, and Technology, the Committee on Homeland 
     Security and Governmental Affairs, the Committee on Foreign 
     Affairs, and the Committee on Financial Services of the House 
     of Representatives.
                                 ______
                                 
  SA 547. Mr. KING 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__. NONIMMIGRANT TRADERS AND INVESTORS FROM ICELAND.

       Iceland shall be considered to be a foreign state under 
     clauses (i) and (ii) of section 101(a)(15)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) if 
     the Government of Iceland offers similar nonimmigrant status 
     to nationals of the United States.
                                 ______
                                 
  SA 548. Mr. REED (for himself and Mrs. Gillibrand) 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__. PROTECTION FROM ABUSIVE PASSENGERS.

       (a) Short Title.--This section may be cited as the 
     ``Protection from Abusive Passengers Act''.
       (b) Defined Term.--In this section, the term ``abusive 
     passenger'' means any individual who, on or after the date of 
     the enactment of this Act, engages in behavior that results 
     in--
       (1) the assessment of a civil penalty for--
       (A) engaging in conduct prohibited under section 46318 of 
     title 49, United States Code; or
       (B) tampering with, interfering with, compromising, 
     modifying, or attempting to circumvent any security system, 
     measure, or procedure related to civil aviation security in 
     violation of section 1540.105(a)(1) of title 49, Code of 
     Federal Regulations, if such violation is committed on an 
     aircraft in flight (as defined in section 46501(1) of title 
     49, United States Code);
       (2) a conviction for a violation of section 46503 or 46504 
     of title 49, United States Code; or
       (3) a conviction for any other Federal offense involving 
     assaults, threats, or intimidation against a crewmember on an 
     aircraft in flight (as defined in section 46501(1) of title 
     49, United States Code).
       (c) Referrals.--The Administrator of the Federal Aviation 
     Administration or the Attorney General shall provide the 
     identity (including the full name, full date of birth, and 
     gender) of all abusive passengers to the Administrator of the 
     Transportation Security Administration.
       (d) Banned Fliers.--
       (1) List.--The Administrator of the Transportation Security 
     Administration shall maintain a list of abusive passengers.
       (2) Effect of inclusion on list.--
       (A) In general.--Any individual included on the list 
     maintained pursuant to subsection (a) shall be prohibited 
     from boarding any commercial aircraft flight until such 
     individual is removed from such list in accordance with the 
     procedures established by the Administrator pursuant to 
     subsection (e).
       (B) Other lists.--The placement of an individual on the 
     list maintained pursuant to paragraph (1) shall not preclude 
     the placement of such individual on other lists maintained by 
     the Federal Government and used by the Administrator of the 
     Transportation Security Administration pursuant to sections 
     114(h) and 44903(j)(2)(C) of title 49, United States Code, to 
     prohibit such individual from boarding a flight or to take 
     other appropriate action with respect to such individual if 
     the Administrator determines that such individual--
       (i) poses a risk to the transportation system or national 
     security;
       (ii) poses a risk of air piracy or terrorism;
       (iii) poses a threat to airline or passenger safety; or
       (iv) poses a threat to civil aviation or national security.
       (e) Policies and Procedures for Handling Abusive 
     Passengers.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall develop, and 
     post on a publicly available website of the Transportation 
     Security Administration, policies and procedures for handling 
     individuals included on the list maintained pursuant to 
     subsection (d)(1), including--
       (1) the process for receiving and handling referrals 
     received pursuant to subsection (c);
       (2) the method by which the list of banned fliers required 
     under subsection (d)(1) will be maintained;
       (3) specific guidelines and considerations for removing an 
     individual from such list based on the gravity of each 
     offense described in subsection (b);
       (4) the procedures for the expeditious removal of the names 
     of individuals who were erroneously included on such list;
       (5) the circumstances under which certain individuals 
     rightfully included on such list may petition to be removed 
     from such list, including the procedures for appealing a 
     denial of such petition; and
       (6) the process for providing to any individual who is the 
     subject of a referral under subsection (c)--
       (A) written notification, not later than 5 days after 
     receiving such referral, including an explanation of the 
     procedures and circumstances referred to in paragraphs (4) 
     and (5); and
       (B) an opportunity to seek relief under paragraph (4) 
     during the 5-day period beginning on the date on which the 
     individual received the notification referred to in 
     subparagraph (A) to avoid being erroneously included on the 
     list of abusive passengers referred to in subsection (d)(1).
       (f) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Administrator of 
     the Transportation Security Administration shall brief the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives regarding the policies and procedures 
     developed pursuant to subsection (e).

[[Page S2680]]

       (g) Annual Report.--The Administrator of the Transportation 
     Security Administration shall submit an annual report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives that contains nonpersonally identifiable 
     information regarding the composition of the list required 
     under subsection (d)(1), including--
       (1) the number of individuals included on such list;
       (2) the age and sex of the individuals included on such 
     list;
       (3) the underlying offense or offenses of the individuals 
     included on such list;
       (4) the period of time each individual has been included on 
     such list;
       (5) the number of individuals rightfully included on such 
     list who have petitioned for removal and the status of such 
     petitions;
       (6) the number of individuals erroneously included on such 
     list and the time required to remove such individuals from 
     such list; and
       (7) the number of individuals erroneously included on such 
     list who have been prevented from traveling.
       (h) Inspector General Review.--Not less frequently than 
     once every 3 years, the Inspector General of the Department 
     of Homeland Security shall review and report to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives regarding the administration and maintenance 
     of the list required under subsections (d) and (e), including 
     an assessment of any disparities based on race or ethnicity 
     in the treatment of petitions for removal.
       (i) Ineligibility for Trusted Traveler Programs.--Except 
     under policies and procedures established by the Secretary of 
     Homeland Security, all abusive passengers shall be 
     permanently ineligible to participate in--
       (1) the Transportation Security Administration's PreCheck 
     program; or
       (2) U.S. Customs and Border Protection's Global Entry 
     program.
       (j) Limitation.--
       (1) In general.--The inclusion of a person's name on a list 
     described in subsection (d)(1) may not be used as the basis 
     for denying any right or privilege under Federal law except 
     for the rights and privileges described in subsections 
     (d)(2), (e), and (i).
       (2) Rule of construction.--Nothing in this subsection may 
     be construed to limit the dissemination, or bar the 
     consideration, of the facts and circumstances that prompt 
     placement of a person on the list described in subsection 
     (d)(1).
       (k) Privacy.--Personally identifiable information used to 
     create the list required under subsection (d)(1)--
       (1) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code; and
       (2) shall not be made available by any Federal, State, 
     Tribal, or local authority pursuant to any Federal, State, 
     Tribal, or local law requiring public disclosure of 
     information or records.
       (l) Savings Provision.--Nothing in this section may be 
     construed to limit the authority of the Transportation 
     Security Administration or of any other Federal agency to 
     undertake measures to protect passengers, flight crew 
     members, or security officers under any other provision of 
     law.
                                 ______
                                 
  SA 549. Mr. REED (for himself and Mr. Sullivan) 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. ____. WING-IN-GROUND CRAFT.

       (a) Coast Guard Authority for Certain Wing-in-ground 
     Craft.--Section 3306 of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(o) Authority for Certain Wing-in-ground Craft.--
       ``(1) Establishment of lead agency.--The Coast Guard shall 
     be the lead agency of jurisdiction for the regulation of 
     applicable wing-in-ground craft. The lead agency shall 
     supervise and coordinate the preparation of regulations, 
     permitting, licensing, and training documents or other 
     approvals or decisions relating to applicable wing-in-ground 
     craft and required by Federal law.
       ``(2) Interagency collaboration.--
       ``(A) Memorandum of understanding.--In carrying out this 
     subsection, not later than 1 year after the date of enactment 
     of this subsection, the Commandant and the Administrator of 
     the Federal Aviation Administration shall enter into a 
     memorandum of understanding. The memorandum of understanding 
     shall--
       ``(i) identify the specific roles of each agency; and
       ``(ii) provide procedures for, at a minimum, the following:

       ``(I) Approval of applicable wing-in-ground craft designs 
     and fabrication.
       ``(II) The operations, licensing and certification, 
     crewing, inspection, and maintenance of applicable wing-in-
     ground craft.
       ``(III) Other approvals or decisions relating to applicable 
     wing-in-ground craft.

       ``(B) Submission to congress.--The Commandant shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the memorandum 
     of understanding entered into by the Coast Guard and Federal 
     Aviation Administration.
       ``(3) Clarification.--Nothing in this section shall be 
     construed to confer upon the Commandant the authority to 
     determine the impact of any civil aircraft operation on the 
     safety or efficiency of the national airspace system.
       ``(4) Definition of applicable wing-in-ground craft.--In 
     this subsection, the term `applicable wing-in-ground craft' 
     means a vessel that--
       ``(A) is capable of operating completely above the surface 
     of the water on a dynamic air cushion created by aerodynamic 
     lift due to the ground effect between the craft and the 
     water's surface; and
       ``(B) through design or technology limitations, is not 
     capable of sustained flight out of ground effect.''.
       (b) Exempting Certain Wing-in-ground Craft From the 
     Authority of the Federal Aviation Administration.--
       (1) In general.--Chapter 447 of title 49, United States 
     Code, is amended by inserting after section 44743 the 
     following:

     ``Sec. 44744. Exempting certain wing-in-ground craft from the 
       authority of the Federal Aviation Administration

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Federal Aviation Administration shall not regulate 
     an applicable craft that is operated solely on, under, or 
     over the high seas and waters subject to the jurisdiction of 
     the United States. For purposes of the preceding sentence, 
     the term `high seas and waters subject to the jurisdiction of 
     the United States' shall include land under or adjacent to 
     high seas and such waters that may be exposed at low tide, 
     including mud flats, sand bars, and marshes.
       ``(b) Consultation.--As necessary, the Federal Aviation 
     Administration shall consult with the Coast Guard, the lead 
     agency of the applicable craft, in the regulation, 
     permitting, licensing, and training documents or other 
     approvals or decisions of the applicable craft.
       ``(c) Definition of Applicable Craft.--In this section, the 
     term `applicable craft' means a craft that--
       ``(1) is capable of operating completely above the surface 
     of the water on a dynamic air cushion created by aerodynamic 
     lift due to the ground effect between the craft and the 
     water's surface;
       ``(2) through design or technology limitations, is not 
     capable of sustained flight out of ground effect; and
       ``(3) is regulated by the Coast Guard.
       ``(d) Clarification.--Nothing in this section shall be 
     construed to limit the authority of the Federal Aviation 
     Administration over aircraft other than an applicable craft, 
     including a wing-in-ground craft (as defined in section 2101 
     of title 46) that is capable of sustained flight out of 
     ground effect.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     447 of title 49, United States Code, is amended by inserting 
     after the item relating to section 44743 the following:

``44744. Exempting certain wing-in-ground craft from the authority of 
              the Federal Aviation Administration.''.
       (c) Special Rule Prohibiting the Secretary of 
     Transportation From Regulating Certain Wing-in-ground Craft 
     Operators as Air Carriers.--Notwithstanding any other 
     provision of law or regulation, except for operators of wing-
     in-ground-effect craft over which the Federal Aviation 
     Administration retains authority under section 44744 of title 
     49, United States Code, the Secretary of Transportation shall 
     not regulate an operator of a wing-in-ground-effect craft (as 
     defined in section 2101 of title 46) as an air carrier (as 
     such term is defined in section 40102(a) of title 49, United 
     States Code).
                                 ______
                                 
  SA 550. 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 C of title VII, add the following:

     SEC. 727. MEDICAL TESTING AND RELATED SERVICES FOR 
                   FIREFIGHTERS OF DEPARTMENT OF DEFENSE.

       (a) Provision of Services.--During the annual periodic 
     health assessment of each firefighter of the Department of 
     Defense, or at such other intervals as may be indicated in 
     subsection (b), the Secretary of Defense shall provide to the 
     firefighter (at no cost to the firefighter) appropriate 
     medical testing and related services to detect, document the 
     presence or absence of, and prevent, certain cancers.
       (b) Criteria.--Services required to be provided under 
     subsection (a) shall meet, at a minimum, the following 
     criteria:
       (1) Breast cancer.--With respect to breast cancer 
     screening, if the firefighter is a female firefighter--

[[Page S2681]]

       (A) such services shall include the provision of a 
     mammogram to the firefighter--
       (i) if the firefighter is 40 years old to 49 years old 
     (inclusive), not less frequently than twice each year;
       (ii) if the firefighter is 50 years old or older, not less 
     frequently than annually; and
       (iii) as clinically indicated (without regard to age); and
       (B) in connection with the provision of a mammogram under 
     subparagraph (A), a licensed radiologist shall review the 
     most recent mammogram provided to the firefighter, as 
     compared to prior mammograms so provided, and provide to the 
     firefighter the results of such review.
       (2) Colon cancer.--With respect to colon cancer screening--
       (A) if the firefighter is 40 years old or older, or as 
     clinically indicated without regard to age, such services 
     shall include the communication to the firefighter of the 
     risks and benefits of stool-based blood testing;
       (B) if the firefighter is 45 years old or older, or as 
     clinically indicated without regard to age, such services 
     shall include the provision, at regular intervals, of visual 
     examinations (such as a colonoscopy, CT colonoscopy, or 
     flexible sigmoidoscopy) or stool-based blood testing; and
       (C) in connection with the provision of a visual 
     examination or stool-based blood testing under subparagraph 
     (B), a licensed physician shall review and provide to the 
     firefighter the results of such examination or testing, as 
     the case may be.
       (3) Prostate cancer.--With respect to prostate cancer 
     screening, if the firefighter is a male firefighter, such 
     services shall include the communication to the firefighter 
     of the risks and benefits of prostate cancer screenings and 
     the provision to the firefighter of a prostate-specific 
     antigen test--
       (A) not less frequently than annually if the firefighter--
       (i) is 50 years old or older; or
       (ii) is 40 years old or older and is a high-risk 
     individual; and
       (B) as clinically indicated (without regard to age).
       (4) Other cancers.--Such services shall include routine 
     screenings for any other cancer the risk or occurrence of 
     which the Director of the Centers for Disease Control and 
     Prevention has identified as higher among firefighters than 
     among the general public, the provision of which shall be 
     carried out during the annual periodic health assessment of 
     the firefighter.
       (c) Optional Nature.--A firefighter of the Department of 
     Defense may opt out of the receipt of medical testing or a 
     related service provided under subsection (a).
       (d) Use of Consensus Technical Standards.--In providing 
     medical testing and related services under subsection (a), 
     the Secretary shall use consensus technical standards in 
     accordance with section 12(d) of the National Technology 
     Transfer and Advancement Act of 1995 (Public Law 104-113; 15 
     U.S.C. 272 note).
       (e) Documentation.--
       (1) In general.--In providing medical testing and related 
     services under subsection (a), the Secretary--
       (A) shall document the acceptance rates of such tests 
     offered and the rates of such tests performed;
       (B) shall document tests results to identify trends in the 
     rates of cancer occurrences among firefighters; and
       (C) may collect and maintain additional information from 
     the recipients of such tests and other services to allow for 
     appropriate scientific analysis.
       (2) Privacy.--In analyzing any information of an individual 
     documented, collected, or maintained under paragraph (1), in 
     addition to complying with other applicable privacy laws, the 
     Secretary shall ensure the name and any other personally 
     identifiable information of the individual is removed from 
     such information prior to the analysis.
       (3) Sharing with centers for disease control and 
     prevention.--The Secretary may share data from any tests 
     performed under subsection (a) with the Director of the 
     Centers for Disease Control and Prevention, as appropriate, 
     to increase the knowledge and understanding of cancer 
     occurrences among firefighters.
       (f) Definitions.--In this section:
       (1) Firefighter.--The term ``firefighter'' means someone 
     whose primary job or military occupational specialty is being 
     a firefighter.
       (2) High-risk individual.--The term ``high-risk 
     individual'' means an individual who--
       (A) is African American;
       (B) has at least one first-degree relative who has been 
     diagnosed with prostate cancer at an early age; or
       (C) is otherwise determined by the Secretary to be high 
     risk with respect to prostate cancer.
                                 ______
                                 
  SA 551. Mr. CARPER (for himself and Mr. Cornyn) 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--CUSTOMS TRADE PARTNERSHIP AGAINST TERRORISM

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Customs Trade Partnership 
     Against Terrorism Pilot Program Act of 2023'' or the ``CTPAT 
     Pilot Program Act of 2023''.

     SEC. 1802. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Finance of the Senate; and
       (B) the Committee on Homeland Security and the Committee on 
     Ways and Means of the House of Representatives.
       (2) CTPAT.--The term ``CTPAT'' means the Customs Trade 
     Partnership Against Terrorism established under subtitle B of 
     title II of the Security and Accountability for Every Port 
     Act (6 U.S.C. 961 et seq.).

     SEC. 1803. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY 
                   LOGISTICS PROVIDERS IN CTPAT.

       (a) Establishment.--
       (1) In general.--The Secretary of Homeland Security shall 
     carry out a pilot program to assess whether allowing entities 
     described in subsection (b) to participate in CTPAT would 
     enhance port security, combat terrorism, prevent supply chain 
     security breaches, or otherwise meet the goals of CTPAT.
       (2) Federal register notice.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     publish in the Federal Register a notice specifying the 
     requirements for the pilot program required by paragraph (1).
       (b) Entities Described.--An entity described in this 
     subsection is--
       (1) a non-asset-based third-party logistics provider that--
       (A) arranges international transportation of freight and is 
     licensed by the Department of Transportation; and
       (B) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2); or
       (2) an asset-based third-party logistics provider that--
       (A) facilitates cross border activity and is licensed or 
     bonded by the Federal Maritime Commission, the Transportation 
     Security Administration, U.S. Customs and Border Protection, 
     or the Department of Transportation;
       (B) manages and executes logistics services using its own 
     warehousing assets and resources on behalf of its customers; 
     and
       (C) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2).
       (c) Requirements.--In carrying out the pilot program 
     required by subsection (a)(1), the Secretary shall--
       (1) ensure that--
       (A) not more than 10 entities described in paragraph (1) of 
     subsection (b) participate in the pilot program; and
       (B) not more than 10 entities described in paragraph (2) of 
     that subsection participate in the program;
       (2) provide for the participation of those entities on a 
     voluntary basis;
       (3) continue the program for a period of not less than one 
     year after the date on which the Secretary publishes the 
     Federal Register notice required by subsection (a)(2); and
       (4) terminate the pilot program not more than 5 years after 
     that date.
       (d) Report Required.--Not later than 180 days after the 
     termination of the pilot program under subsection (c)(4), the 
     Secretary shall submit to the appropriate congressional 
     committees a report on the findings of, and any 
     recommendations arising from, the pilot program concerning 
     the participation in CTPAT of entities described in 
     subsection (b), including an assessment of participation by 
     those entities.

     SEC. 1804. REPORT ON EFFECTIVENESS OF CTPAT.

       (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 congressional 
     committees a report assessing the effectiveness of CTPAT.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of--
       (A) security incidents in the cargo supply chain during the 
     5-year period preceding submission of the report that 
     involved criminal activity, including drug trafficking, human 
     smuggling, commercial fraud, or terrorist activity; and
       (B) whether those incidents involved participants in CTPAT 
     or entities not participating in CTPAT.
       (2) An analysis of causes for the suspension or removal of 
     entities from participating in CTPAT as a result of security 
     incidents during that 5-year period.
       (3) An analysis of the number of active CTPAT participants 
     involved in one or more security incidents while maintaining 
     their status as participants.
       (4) Recommendations to the Commissioner of U.S. Customs and 
     Border Protection for improvements to CTPAT to improve 
     prevention of security incidents in the cargo supply chain 
     involving participants in CTPAT.

     SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this title.
                                 ______
                                 
  SA 552. Mr. CARPER submitted an amendment intended to be proposed by

[[Page S2682]]

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. ADMINISTRATION OF RISK-BASED SURVEYS TO CERTAIN 
                   EDUCATIONAL INSTITUTIONS.

       (a) Development Required.--The Secretary of Defense, acting 
     through the Voluntary Education Institutional Compliance 
     Program of the Department of Defense, shall develop a risk-
     based survey for oversight of covered educational 
     institutions.
       (b) Scope.--
       (1) In general.--The scope of the risk-based survey 
     developed under subsection (a) shall be determined by the 
     Secretary.
       (2) Specific elements.--At a minimum, the scope determined 
     under paragraph (1) shall include the following:
       (A) Rapid increase or decrease in enrollment.
       (B) Rapid increase in tuition and fees.
       (C) Complaints tracked and published from students pursuing 
     programs of education, based on severity or volume of the 
     complaints.
       (D) Student completion rates.
       (E) Indicators of financial stability.
       (F) Review of the advertising and recruiting practices of 
     the educational institution, including those by third-party 
     contractors of the educational institution.
       (G) Matters for which the Federal Government or a State 
     government brings an action in a court of competent 
     jurisdiction against an educational institution, including 
     matters in cases in which the Federal Government or the State 
     comes to a settled agreement on such matters outside of the 
     court.
       (c) Action or Event.--
       (1) Suspension.--If, pursuant to a risk-based survey under 
     this section, the Secretary determines that an educational 
     institution has experienced an action or event described in 
     paragraph (2), the Secretary may suspend the participation of 
     the institution in Department of Defense programs for a 
     period of two years, or such other period as the Secretary 
     determines appropriate.
       (2) Action or event described.--An action or event 
     described in this paragraph is any of the following:
       (A) The receipt by an educational institution of payments 
     under the heightened cash monitoring level 2 payment method 
     pursuant to section 487(c)(1)(B) of the Higher Education Act 
     of 1965 (20 U.S.C. 1094).
       (B) Punitive action taken by the Attorney General, the 
     Federal Trade Commission, or any other Federal department or 
     agency for misconduct or misleading marketing practices that 
     would violate the standards defined by the Secretary of 
     Veterans Affairs.
       (C) Punitive action taken by a State against an educational 
     institution.
       (D) The loss, or risk of loss, by an educational 
     institution of an accreditation from an accrediting agency or 
     association, including notice of probation, suspension, an 
     order to show cause relating to the educational institution's 
     academic policies and practices or to its financial 
     stability, or revocation of accreditation.
       (E) The placement of an educational institution on 
     provisional certification status by the Secretary of 
     Education.
       (d) Database.--The Secretary shall establish a searchable 
     database or use an existing system, as the Secretary 
     considers appropriate, to serve as a central repository for 
     information required for or collected during site visits for 
     the risk-based survey developed under subsection (a), so as 
     to improve future oversight of educational institutions.
       (e) Covered Educational Institution.--In this section, the 
     term ``covered educational institution'' means an educational 
     institution selected by the Secretary based on quantitative, 
     publicly available metrics indicating risk designed to 
     separate low-risk and high-risk institutions, to focus on 
     high-risk institutions.
                                 ______
                                 
  SA 553. Mr. SCHATZ (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 X, insert the following:

     SEC. 10__. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF 
                   EDUCATIONAL INSTITUTIONS FOR PURPOSES OF 
                   VETERANS EDUCATIONAL ASSISTANCE.

       (a) Requirement Relating to G.I. Bill Comparison Tool.--
       (1) Requirement to maintain tool.--The Secretary of 
     Veterans Affairs shall maintain the G.I. Bill Comparison Tool 
     that was established pursuant to Executive Order 13607 (77 
     Fed. Reg. 25861; relating to establishing principles of 
     excellence for educational institutions serving service 
     members, veterans, spouses, and other family members) and in 
     effect on the day before the date of the enactment of this 
     Act, or successor tool, to provide relevant and timely 
     information about programs of education approved under 
     chapter 36 of title 38, United States Code, and the 
     educational institutions that offer such programs.
       (2) Data retention.--The Secretary shall ensure that 
     historical data that is reported via the tool maintained 
     under paragraph (1) remains easily and prominently accessible 
     on the benefits.va.gov website, or successor website, for a 
     period of not less than seven years from the date of initial 
     publication.
       (b) Providing Timely and Relevant Education Information to 
     Veterans, Members of the Armed Forces, and Other 
     Individuals.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs, 
     in coordination with the Secretary of Education, shall make 
     such changes to the tool maintained under subsection (a) as 
     the Secretary determines appropriate to ensure that such tool 
     is an effective and efficient method for providing 
     information pursuant to section 3698(b)(5) of title 38, 
     United States Code.
       (2) Modification of scope of comprehensive policy on 
     providing education information.--Section 3698 of title 38, 
     United States Code, is amended--
       (A) in subsection (a), by striking ``veterans and members 
     of the Armed Forces'' and inserting ``individuals entitled to 
     educational assistance under laws administered by the 
     Secretary of Veterans Affairs''; and
       (B) in subsection (b)(5)--
       (i) by striking ``veterans and members of the Armed 
     Forces'' and inserting ``individuals described in subsection 
     (a)''; and
       (ii) by striking ``the veteran or member'' and inserting 
     ``the individual''.
       (3) G.I. bill comparison tool required disclosures.--
     Paragraph (1) of subsection (c) of such section is amended--
       (A) by striking subparagraph (B) and inserting the 
     following:
       ``(B) for each individual described in subsection (a) 
     seeking information provided under subsection (b)(5) the name 
     of each Federal student aid program, and a description of 
     each such program, from which the individual may receive 
     educational assistance.''.
       (B) in subparagraph (C)--
       (i) in clause (i), by inserting ``and a definition of each 
     type of institution;'' before the semicolon;
       (ii) in clause (iv), by inserting ``and if so, which 
     programs;'' before the semicolon;
       (iii) by striking clause (v) and inserting the following:
       ``(v) the average annual cost to earn an associate's degree 
     and a bachelor's degree, with available cost information on 
     any other degree or credential the institution awards;'';
       (iv) in clause (vi), by inserting before the semicolon 
     ``disaggregated by--
       ``(I) individuals who received a credential and individuals 
     who did not; and
       ``(II) individuals using educational assistance under laws 
     administered by the Secretary and individuals who are not'';
       (v) in clause (xv), by striking the period at the end and 
     inserting a semicolon; and
       (vi) by adding at the end the following new clauses:
       ``(xvi) transfer-out rates;
       ``(xvii) credentials available and the average time for 
     completion of each credential;
       ``(xviii) employment rate and median income of graduates of 
     the institution in general, disaggregated by--
       ``(I) specific credential; and
       ``(II) individuals using educational assistance under laws 
     administered by the Secretary and individuals who are not;
       ``(xix) the number of individuals using educational 
     assistance under laws administered by the Secretary who are 
     enrolled in the institution per year; and
       ``(xx) a list of each civil settlement or finding resulting 
     from a Federal or State action in a court of competent 
     jurisdiction against the institution for violation of a 
     provision of Federal or State law that materially affects the 
     education provided at the institution or is the result of 
     illicit activity, including deceptive marketing or 
     misinformation provided to prospective students or current 
     enrollees.''.
       (4) Clarity of information provided.--Paragraph (2) of such 
     subsection is amended--
       (A) by inserting ``(A)'' before ``To the extent''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The Secretary shall ensure that information provided 
     under subsection (b)(5) is provided in a manner that is easy 
     and accessible to individuals described in subsection (a).''.
       (c) Improvements for Student Feedback.--
       (1) In general.--Subsection (b)(2) of such section is 
     amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) provides institutions of higher learning up to 90 
     days to review and respond to any feedback and address issues 
     regarding the feedback before the feedback is published;'';
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following new subparagraphs:

[[Page S2683]]

       ``(D) for each institution of higher learning that is 
     approved under this chapter, retains, maintains, and 
     publishes all of such feedback for the entire duration that 
     the institution of higher is approved under this chapter; and
       ``(E) is easily accessible to individuals described in 
     subsection (a) and to the general public.''.
       (2) Accessibility from g.i. bill comparison tool.--The 
     Secretary shall ensure that--
       (A) the feedback tracked and published under subsection 
     (b)(2) of such section, as amended by paragraph (1), is 
     prominently displayed in the tool maintained under subsection 
     (a) of this section; and
       (B) when such tool displays information for an institution 
     of higher learning, the applicable feedback is also displayed 
     for such institution of higher learning.
       (d) Training for Provision of Education Counseling 
     Services.--
       (1) In general.--Not less than one year after the date of 
     the enactment of this Act, the Secretary shall ensure that 
     personnel employed or contracted by the Department of Veteran 
     Affairs to provide education benefits counseling, vocational 
     or transition assistance, or similar functions, including 
     employees or contractors of the Department who provide such 
     counseling or assistance as part of the Transition Assistance 
     Program, are trained on how--
       (A) to use properly the tool maintained under subsection 
     (a); and
       (B) to provide appropriate educational counseling services 
     to individuals described in section 3698(a) of such title, as 
     amended by subsection (b)(2)(A).
       (2) Transition assistance program defined.--In this 
     subsection, the term ``Transition Assistance Program'' means 
     the program of counseling, information, and services under 
     section 1142 of title 10, United States Code.

     SEC. 10__. RESTORATION OF ENTITLEMENT TO VETERANS EDUCATIONAL 
                   ASSISTANCE AND OTHER RELIEF FOR VETERANS 
                   AFFECTED BY CIVIL ENFORCEMENT ACTIONS AGAINST 
                   EDUCATIONAL INSTITUTIONS.

       (a) In General.--Section 3699(b)(1) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (B)(ii), by striking ``; or'' and 
     inserting a semicolon;
       (2) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(D) a Federal or State civil enforcement action against 
     the education institution; or
       ``(E) an action taken by the Secretary; and''.
       (b) Mechanism.--The Secretary of Veterans Affairs shall 
     establish a simple mechanism that can be used by an 
     individual described in subsection (b)(1) of section 3699 of 
     such title by reason of subparagraph (C) or (D) of such 
     subsection, as added by subsection (a)(3) of this section, to 
     obtain relief under section 3699(a) of such title.
       (c) Conforming Amendments.--
       (1) Section heading.--The heading for section 3699 of such 
     title is amended by striking ``or disapproval of educational 
     institution'' and inserting ``of, disapproval of, or civil 
     enforcement actions against educational institutions''.
       (2) Subsection heading.--The heading for subsection (a) of 
     such section is amended by striking ``or Disapproval'' and 
     inserting ``, Disapproval, Civil Enforcement Actions, and 
     Other Actions by Secretary of Veterans Affairs''.
       (3) Table of sections.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3699 and inserting the following 
     new item:

``3699. Effects of closure of, disapproval of, or civil enforcement 
              actions against educational institutions.''.
                                 ______
                                 
  SA 554. Mr. SCHATZ (for himself, Mr. Moran, 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 G of title X, insert the following:

     SEC. 10__. RED HILL HEALTH IMPACTS.

       (a) Registry for Impacted Individuals of the Red Hill 
     Incident.--
       (1) Establishment of registry.--The Secretary of Health and 
     Human Services (referred to in this subsection as the 
     ``Secretary'') shall establish within the Agency for Toxic 
     Substances and Disease Registry or the Centers for Disease 
     Control and Prevention or through an award of a grant or 
     contract, as the Secretary determines appropriate, a Red Hill 
     Incident exposure registry to collect data on health 
     implications of petroleum contaminated water for impacted 
     individuals on a voluntary basis. Such registry shall be 
     complementary to, and not duplicative of, the Red Hill 
     Incident Report of the Defense Occupational and Environmental 
     Health Readiness System.
       (2) Other responsibilities.--
       (A) In general.--The Secretary, in coordination with the 
     Director of the Centers for Disease Control and Prevention, 
     and in consultation with the Secretary of Defense, the 
     Secretary of Veterans Affairs, and such State and local 
     authorities or other partners as the Secretary of Health and 
     Human Services considers appropriate, shall--
       (i) review the Federal programs and services available to 
     individuals exposed to petroleum;
       (ii) review current research on petroleum exposure in order 
     to identify additional research needs;
       (iii) identify effective services, individuals and 
     communities affected by petroleum contaminated water; and
       (iv) undertake any other review or activities that the 
     Secretary determines to be appropriate.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 6 
     additional years, the Secretary shall submit to the 
     appropriate congressional committees a report on the review 
     and activities undertaken under subparagraph (A) that 
     includes--
       (i) strategies for communicating and engaging with 
     stakeholders on the Red Hill Incident;
       (ii) the number of impacted and potentially impacted 
     individuals enrolled in the registry established under 
     paragraph (1);
       (iii) processes for referring such registry enrollees to 
     comprehensive, coordinated services to mitigate the effects 
     of petroleum exposure;
       (iv) measures and frequency of follow-up to collect data 
     and specimens related to exposure, health, and developmental 
     milestones as appropriate; and
       (v) a summary of data and analyses on exposure, health, and 
     developmental milestones for impacted individuals.
       (C) Consultation.--In carrying out subparagraphs (A) and 
     (B), the Secretary shall consult with non-Federal experts, 
     including individuals with certification in epidemiology, 
     toxicology, mental health, pediatrics, and environmental 
     health, and members of the impacted community.
       (3) Funding.--Without regard to section 2215 of title 10, 
     United States Code, the Secretary of the Defense is 
     authorized to provide, from amounts made available to such 
     Secretary, such sums as may be necessary for each of fiscal 
     years 2024 through 2030 for the Secretary of Health and Human 
     Services to carry out this subsection.
       (b) Red Hill Epidemiological Health Outcomes Study.--
       (1) In general.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Defense, the 
     Secretary of Veterans Affairs, and such State and local 
     health authorities or other partners as the Secretary of 
     Health and Human Services considers appropriate, shall 
     conduct an epidemiological study or studies for a period of 
     not less than 20 years to assess health outcomes for impacted 
     individuals of the Red Hill Incident.
       (2) Additional contracts.--The Secretary of Health and 
     Human Services may contract with independent research 
     institutes or consultants, nonprofit or public entities, 
     laboratories, or medical schools, as the Secretary considers 
     appropriate, that are not part of the Federal Government to 
     assist with the feasibility assessment required by paragraph 
     (4) and the study or studies under paragraph (1).
       (3) Funding.--Without regard to section 2215 of title 10, 
     United States Code, the Secretary of the Defense is 
     authorized to provide, from amounts made available to such 
     Secretary, no less than $4,000,000 for fiscal year 2024 for 
     the Secretary of Health and Human Services to carry out the 
     assessment under paragraph (4), and such sums as may be 
     necessary to complete the study or studies under paragraph 
     (1).
       (4) Feasibility assessment.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall submit to the appropriate 
     congressional committees the results of a feasibility 
     assessment to inform the design of the epidemiological study 
     or studies to assess health outcomes for impacted individuals 
     and a plan for such study or studies under paragraph (1), 
     which may include--
       (A) a strategy to recruit impacted individuals to 
     participate in the study or studies, including incentives for 
     participation;
       (B) a description of protocols and methodologies to assess 
     health outcomes from the Red Hill Incident, including data 
     management protocols to secure the privacy and security of 
     the personal information of impacted individuals; and
       (C) the periodicity for data collection that takes into 
     account the differences between health care practices among 
     impacted individuals who are--
       (i) members of the Armed Forces on active duty or spouses 
     or dependents of such members;
       (ii) members of the Armed Forces separating from active 
     duty or spouses or dependents of such members;
       (iii) veterans and other individuals with access to health 
     care from the Department of Veterans Affairs; and
       (iv) individuals without access to health care from the 
     Department of Defense or the Department of Veterans Affairs;
       (D) a description of methodologies to analyze data received 
     from the study or studies to determine possible connections 
     between exposure to water contaminated during the Red Hill 
     Incident and adverse impacts to the health of impacted 
     individuals;

[[Page S2684]]

       (E) an identification of exposures resulting from the Red 
     Hill Incident that may qualify individuals to be eligible for 
     participation in the study or studies as a result of those 
     exposures; and
       (F) steps that will be taken to provide individuals 
     impacted by the Red Hill Incident with information on 
     available resources and services.
       (5) Potentially impacted individuals.--
       (A) In general.--The Secretary of Health and Human Services 
     may enlarge the scope of the study or studies under paragraph 
     (1) to include potentially impacted individuals based on--
       (i) the request of a potentially impacted individual, as 
     applicable;
       (ii) the recommendation of the Secretary of Defense, the 
     Secretary of Veterans Affairs, or any contracted party under 
     paragraph (2);
       (iii) the exposures identified in paragraph (4)(E); or
       (iv) other exigent circumstances.
       (B) Treatment of potentially impacted individuals.--If, 
     under subparagraph (A), the Secretary enlarges the scope of 
     the study or studies under paragraph (1), potentially 
     impacted individuals shall be treated as impacted individuals 
     for purposes of this subsection.
       (6) Notifications; briefings.--
       (A) In general.--Not later than one year after the 
     completion of the feasibility assessment under paragraph (4), 
     and annually thereafter, the Secretary of Health and Human 
     Services shall--
       (i) notify impacted individuals on the interim findings of 
     the study or studies; and
       (ii) brief the appropriate congressional committees on the 
     interim findings of the study or studies.
       (B) Final notification.--Upon completion of the study or 
     studies under paragraph (1), the Secretary of Health and 
     Human Services shall notify the appropriate congressional 
     committees and all impacted individuals of the completion of 
     the study or studies and the publication of the final report 
     under paragraph (7)(B).
       (7) Reports.--
       (A) Annual reports.--Not later than one year after the date 
     of the commencement of the study or studies under paragraph 
     (1), and annually thereafter, the Secretary of Health and 
     Human Services shall publish on the website of the Department 
     of Health and Human Services a report on the interim findings 
     of the study or studies.
       (B) Final report.--Upon completion of the study or studies 
     under paragraph (1), the Secretary of Health and Human 
     Services--
       (i) shall publish on a publicly available internet website 
     of the Department of Health and Human Services a report on 
     the findings of the study or studies; and
       (ii) may publish such report in a scientific publication.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (B) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate;
       (C) the Committee on Veterans' Affairs of the Senate;
       (D) the Committee on Energy and Commerce of the House of 
     Representatives;
       (E) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (2) Impacted individual.--The term ``impacted individual'' 
     means an individual who, at the time of the Red Hill 
     Incident, lived or worked in a building or residence served 
     by the community water system at Joint Base Pearl Harbor-
     Hickam, Oahu, Hawaii.
       (3) Red hill incident.--The term ``Red Hill Incident'' 
     means the release of fuel from the Red Hill Bulk Fuel Storage 
     Facility, Oahu, Hawaii, into the sole-source basal aquifer 
     located 100 feet below the facility, contaminating the 
     community water system at Joint Base Pearl Harbor-Hickam on 
     November 20, 2021.
                                 ______
                                 
  SA 555. Mr. SCHATZ 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 V, add the following:

     SEC. 543. ANNUAL REPORT ON INITIATIVE TO ENHANCE THE 
                   CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE 
                   ORGANIZATIONS TO PREVENT AND COMBAT CHILD 
                   SEXUAL EXPLOITATION.

       In order to effectively carry out the initiative under 
     section 550D of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note 
     prec.), the Secretary of Defense shall carry out the 
     following actions:
       (1) Not later than 90 days after the date of the enactment 
     of this Act, and annually thereafter, submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives an annual report on 
     the progress of the initiative carried out under such 
     section, outlining specific actions taken and planned to 
     detect, combat, and stop the use of the Department of Defense 
     network to further online child sexual exploitation (CSE).
       (2) Develop partnerships and execute collaborative 
     agreements with functional experts, including highly 
     qualified national child protection organizations or law 
     enforcement training centers with demonstrated expertise in 
     the delivery of law enforcement training, to identify, 
     investigate and prosecute individuals engaged in online CSE.
       (3) Establish mandatory training for Department of Defense 
     criminal investigative organizations and personnel at 
     military installations to maintain capacity and address 
     turnover and relocation issues.
                                 ______
                                 
  SA 556. Mr. SCHATZ 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. ____. REFORM AND OVERSIGHT OF DEPARTMENT OF DEFENSE 
                   TRANSFER OF PERSONAL PROPERTY TO LAW 
                   ENFORCEMENT AGENCIES AND OTHER ENTITIES.

       (a) In General.--Section 2576a of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (b)'' and inserting ``the 
     provisions of this section''; and
       (B) by adding at the end the following:
       ``(3) The Secretary may transfer non-controlled property to 
     nonprofit organizations involved in humanitarian response or 
     first responder activities.'';
       (2) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``, and provides a description of the training 
     courses;''; and
       (C) by adding at the end the following:
       ``(7) the recipient, on an annual basis, certifies that if 
     the recipient determines that any controlled property 
     received is surplus to the needs of the recipient, the 
     recipient will return the property to the Department of 
     Defense;
       ``(8) the recipient, when requisitioning property, submits 
     to the Department of Defense a justification for why the 
     recipient needs the property and a description of the 
     expected uses of the property;
       ``(9) with respect to a recipient that is not a Federal 
     agency, the recipient certifies annually to the Department of 
     Defense that the recipient has notified the local community 
     of its participation in the program under this section by--
       ``(A) publishing a notice of such participation on a 
     publicly accessible internet website, including information 
     on how members of the local community can track property 
     requested or received by the recipient on the website of the 
     Department of Defense;
       ``(B) posting such notice at several prominent locations in 
     the jurisdiction of the recipient; and
       ``(C) ensuring that such notices were available to the 
     local community for a period of not less than 30 days;
       ``(10) with respect to a recipient that is a local law 
     enforcement agency, the recipient publishes a notice on a 
     publicly accessible internet website and at several prominent 
     locations in the jurisdiction of the recipient of the 
     approval of the city council or other local governing body to 
     acquire the property sought under this section; and
       ``(11) with respect to a recipient that is a State law 
     enforcement agency, the recipient publishes a notice on a 
     publicly accessible internet website and at several prominent 
     locations in the jurisdiction of the recipient of the 
     approval of the appropriate State governing body to acquire 
     the property sought under this section.'';
       (3) in subsection (e), by adding at the end the following:
       ``(5) Grenade launchers.
       ``(6) Explosives (unless used for explosive detection 
     canine training).
       ``(7) Firearms of .50 caliber or higher.
       ``(8) Ammunition of 0.5 caliber or higher.
       ``(9) Asphyxiating gases, including those comprised of 
     lachrymatory agents, and analogous liquids, materials, or 
     devices.
       ``(10) Silencers.
       ``(11) Long-range acoustic devices.''; and
       (4) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Limitations on Transfers.--(1) The prohibitions under 
     subsection (e) shall also apply with respect to the transfer 
     of previously transferred property of the Department of 
     Defense from a Federal or State agency to another such 
     agency.
       ``(2) Each year, the Attorney General shall--
       ``(A) review all recipients of transferred equipment under 
     this section; and

[[Page S2685]]

       ``(B) make recommendations to the Secretary on recipients 
     that should be restricted, suspended, or terminated from the 
     program under this section based on the findings of the 
     Attorney General, including a finding that a recipient used 
     equipment to conduct actions against individuals that 
     infringe upon their rights under the First Amendment to the 
     Constitution of the United States.
       ``(3) In the case of a recipient that is under 
     investigation for a violation of, or is subject to a consent 
     decree authorized by, section 210401 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (34 U.S.C. 12601), 
     the Attorney General shall provide a recommendation to the 
     Secretary with respect to the continued participation of the 
     recipient in the program under this section.
       ``(g) Annual Certification Accounting for Transferred 
     Property.--(1) For each fiscal year, the Secretary shall 
     submit to Congress certification in writing that each State 
     or local agency to which the Secretary has transferred 
     personal property under this section--
       ``(A) has provided to the Secretary documentation 
     accounting for all controlled property, including arms, that 
     the Secretary has transferred to the agency, including any 
     item described in subsection (e) so transferred before the 
     date of enactment of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 134 Stat. 3388); and
       ``(B) has carried out each of paragraphs (5) through (9) of 
     subsection (b).
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a State or local agency, the Secretary may 
     not transfer additional property to that agency under this 
     section.
       ``(h) Conditions for Extension of Program.--Notwithstanding 
     any other provision of law, amounts authorized to be 
     appropriated or otherwise made available for any fiscal year 
     may not be obligated or expended to carry out this section 
     unless the Secretary submits to the appropriate committees of 
     Congress a certification, for the preceding fiscal year, 
     that--
       ``(1) each non-Federal agency that has received personal 
     property under this section has--
       ``(A) demonstrated full and complete accountability for all 
     such property, in accordance with paragraph (2); or
       ``(B) been suspended or terminated from the program 
     pursuant to paragraph (3);
       ``(2) the State Coordinator responsible for each non-
     Federal agency that has received property under this section 
     has verified that--
       ``(A) the State Coordinator or an agent of the State 
     Coordinator has conducted an inventory of the property 
     transferred to the agency; and
       ``(B)(i) all property transferred to the agency was 
     accounted for during the inventory described in subparagraph 
     (A); or
       ``(ii) the agency has been suspended or terminated from the 
     program pursuant to paragraph (3);
       ``(3) with respect to any non-Federal agency that has 
     received property under this section for which all of such 
     property was not accounted for during an inventory described 
     in paragraph (2), the eligibility of the agency to receive 
     property transferred under this section has been suspended or 
     terminated; and
       ``(4) each State Coordinator has certified, for each non-
     Federal agency located in the State for which the State 
     Coordinator is responsible, that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated.
       ``(i) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary shall submit to the appropriate 
     committees of Congress each year a certification in writing 
     that each recipient to which the Secretary has transferred 
     personal property under this section during the preceding 
     fiscal year--
       ``(A) has provided to the Secretary documentation 
     accounting for all property the Secretary has previously 
     transferred to such recipient under this section; and
       ``(B) has complied with paragraphs (5) and (6) of 
     subsection (b) with respect to the property so transferred 
     during such fiscal year.
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a recipient, the Secretary may not transfer 
     additional property to such recipient under this section, 
     effective as of the date on which the Secretary would 
     otherwise make the certification under this subsection, and 
     such recipient shall be suspended or terminated from further 
     receipt of property under this section.
       ``(j) Reports to Congress.--Not later than 30 days after 
     the last day of a fiscal year, the Secretary shall submit to 
     Congress a report on the following for the preceding fiscal 
     year:
       ``(1) The percentage of equipment lost by recipients of 
     property transferred under this section, including specific 
     information about the type of property lost, the monetary 
     value of such property, and the recipient that lost the 
     property.
       ``(2) The transfer of items under this section classified 
     under Supply Condition Code A, including specific information 
     about the type of property, the recipient of the property, 
     the original acquisition value of each item of the property, 
     and the total original acquisition of all such property 
     transferred during the fiscal year.
       ``(k) Publicly Accessible Website on Transferred Controlled 
     Property.--(1) The Secretary shall create, maintain, and 
     update on a quarterly basis a publicly available internet 
     website that provides information, in a searchable format, on 
     the controlled property transferred under this section and 
     the recipients of such property.
       ``(2) The contents of the internet website required under 
     paragraph (1) shall include all publicly accessible 
     unclassified information pertaining to the request, transfer, 
     denial, and repossession of controlled property under this 
     section, including--
       ``(A) a current inventory of all controlled property 
     transferred to Federal and State agencies under this section, 
     listed by--
       ``(i) the name of the Federal agency, or the State, county, 
     and recipient agency;
       ``(ii) the item name, item type, and item model;
       ``(iii) the date on which such property was transferred; 
     and
       ``(iv) the current status of such item;
       ``(B) all pending requests for transfers of controlled 
     property under this section, including the information 
     submitted by the Federal and State agencies requesting such 
     transfers;
       ``(C) a list of each agency suspended or terminated from 
     further receipt of property under this section, including any 
     State, county, or local agency, and the reason for and 
     duration of such suspension or termination; and
       ``(D) all reports required to be submitted to the Secretary 
     under this section by Federal and State agencies that receive 
     controlled property under this section.
       ``(l) Definitions.--In this section:
       ``(1) The term `agent of a State Coordinator' means any 
     individual to whom a State Coordinator formally delegates 
     responsibilities for the duties of the State Coordinator to 
     conduct inventories described in subsection (h)(2).
       ``(2) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Oversight and Reform of the House of Representatives.
       ``(3) The term `controlled property' means any item 
     assigned a demilitarization code of B, C, D, E, G, or Q under 
     Department of Defense Manual 4160.21-M, `Defense Materiel 
     Disposition Manual', or any successor document.
       ``(4) The term `State Coordinator', with respect to a 
     State, means the individual appointed by the governor of the 
     State to maintain property accountability records and oversee 
     property use by the State.''.
       (b) Interagency Law Enforcement Equipment Working Group.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Secretary of Defense and the Secretary of Homeland 
     Security, shall establish an interagency Law Enforcement 
     Equipment Working Group (referred to in this subsection as 
     the ``Working Group'') to support oversight and policy 
     development functions for controlled equipment programs.
       (2) Purpose.--The Working Group shall--
       (A) examine and evaluate the Controlled and Prohibited 
     Equipment Lists for possible additions or deletions;
       (B) track law enforcement agency controlled equipment 
     inventory;
       (C) ensure Government-wide criteria to evaluate requests 
     for controlled equipment;
       (D) ensure uniform standards for compliance reviews;
       (E) harmonize Federal programs to ensure the programs have 
     consistent and transparent policies with respect to the 
     acquisition of controlled equipment by law enforcement 
     agencies;
       (F) require after-action analysis reports for significant 
     incidents involving federally provided or federally funded 
     controlled equipment;
       (G) develop policies to ensure that law enforcement 
     agencies abide by any limitations or affirmative obligations 
     imposed on the acquisition of controlled equipment or receipt 
     of funds to purchase controlled equipment from the Federal 
     Government and the obligations resulting from receipt of 
     Federal financial assistance;
       (H) require a State and local governing body to review and 
     authorize a law enforcement agency's request for or 
     acquisition of controlled equipment;
       (I) require that law enforcement agencies participating in 
     Federal controlled equipment programs receive necessary 
     training regarding appropriate use of controlled equipment 
     and the implementation of obligations resulting from receipt 
     of Federal financial assistance, including training on the 
     protection of civil rights and civil liberties;
       (J) provide uniform standards for suspending law 
     enforcement agencies from Federal controlled equipment 
     programs for specified violations of law, including civil 
     rights laws, and ensuring those standards are implemented 
     consistently across agencies; and
       (K) create a process to monitor the sale or transfer of 
     controlled equipment from the Federal Government or 
     controlled equipment purchased with funds from the Federal 
     Government by law enforcement agencies to third parties.
       (3) Composition.--

[[Page S2686]]

       (A) In general.--The Working Group shall be co-chaired by 
     the Attorney General, the Secretary of Defense, and the 
     Secretary of Homeland Security.
       (B) Membership.--The Working Group shall be comprised of--
       (i) representatives of interested parties, who are not 
     Federal employees, including appropriate State, local, and 
     Tribal officials, law enforcement organizations, civil rights 
     and civil liberties organizations, and academics; and
       (ii) the heads of such other Federal agencies and offices 
     as the Co-Chairs may, from time to time, designate.
       (C) Designation.--A member of the Working Group described 
     in subparagraph (A) or (B)(ii) may designate a senior-level 
     official from the agency or office represented by the member 
     to perform the day-to-day Working Group functions of the 
     member, if the designated official is a full-time officer or 
     employee of the Federal Government.
       (D) Subgroups.--At the direction of the Co-Chairs, the 
     Working Group may establish subgroups consisting exclusively 
     of Working Group members or their designees under this 
     subsection, as appropriate.
       (E) Executive director.--
       (i) In general.--There shall be an Executive Director of 
     the Working Group, to be appointed by the Attorney General.
       (ii) Responsibilities.--The Executive Director appointed 
     under clause (i) shall determine the agenda of the Working 
     Group, convene regular meetings, and supervise the work of 
     the Working Group under the direction of the Co-Chairs.
       (iii) Funding.--

       (I) In general.--To the extent permitted by law and using 
     amounts already appropriated, the Attorney General shall 
     fund, and provide administrative support for, the Working 
     Group.
       (II) Requirement.--Each agency shall bear its own expenses 
     for participating in the Working Group.

       (F) Coordination with the department of homeland 
     security.--In general, the Working Group shall coordinate 
     with the Homeland Security Advisory Council of the Department 
     of Homeland Security to identify areas of overlap or 
     potential national preparedness implications of further 
     changes to Federal controlled equipment programs.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed as creating any right or benefit, substantive or 
     procedural, enforceable at law or in equity by any party 
     against the United States, its departments, agencies, or 
     entities, its officers, employees, or agents, or any other 
     person.
       (c) Report on Department of Defense Transfer of Personal 
     Property to Law Enforcement Agencies and Other Entities.--
       (1) Appropriate recipients defined.--In this subsection, 
     the term ``appropriate recipients'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Armed Services of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Attorney General and the Secretary of 
     Homeland Security, shall submit a report to the appropriate 
     recipients.
       (3) Contents.--The report required under paragraph (2) 
     shall contain--
       (A) a review of the efficacy of the surplus equipment 
     transfer program under section 1033 of title 10, United 
     States Code; and
       (B) a determination of whether to recommend continuing or 
     ending the program described in subparagraph (A) in the 
     future.
                                 ______
                                 
  SA 557. Mr. SCHATZ 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. __. OVERSIGHT OF THE PROCUREMENT OF EQUIPMENT BY STATE 
                   AND LOCAL GOVERNMENTS THROUGH THE DEPARTMENT OF 
                   DEFENSE.

       Section 281 of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (f); and
       (2) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Limitations on Purchases.--(1) The Secretary shall 
     require, as a condition of any purchase of equipment under 
     this section, that if the Department of Justice opens an 
     investigation into a State or unit of local government under 
     section 210401 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (34 U.S.C. 12601), the Secretary 
     shall pause all pending or future purchases by that State or 
     unit of local government.
       ``(2) The Secretary shall prohibit the purchase of 
     equipment by a State or unit of local government for a period 
     of 5 years upon a finding that equipment purchased under this 
     section by the State or unit of local government was used as 
     part of a violation under section 210401 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (34 U.S.C. 12601).
       ``(e) Publicly Accessible Website on Purchased Equipment.--
     (1) The Secretary, in coordination with the Administrator of 
     General Services, shall create and maintain a publicly 
     available internet website that provides in searchable format 
     information on the purchase of equipment under this section 
     and the recipients of such equipment.
       ``(2) The internet website required under paragraph (1) 
     shall include all publicly accessible unclassified 
     information pertaining to the purchase of equipment under 
     this section, including--
       ``(A) the catalog of equipment available for purchase under 
     subsection (c);
       ``(B) the recipient state or unit of local government;
       ``(C) the purpose of the purchase under subsection (a)(1);
       ``(D) the type of equipment;
       ``(E) the cost of the equipment;
       ``(F) the administrative costs under subsection (b); and
       ``(G) other information the Secretary determines is 
     necessary.
       ``(3) The Secretary shall update on a quarterly basis 
     information included on the internet website required under 
     paragraph (1).''.
                                 ______
                                 
  SA 558. Mr. SCHATZ 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. __. INCLUDING SERVICE IN THE ARMED FORCES IN DETERMINING 
                   FAMILY AND MEDICAL LEAVE ELIGIBILITY FOR 
                   FEDERAL EMPLOYEES.

       (a) Title 5.--Section 6381(1)(B) of title 5, United States 
     Code, is amended to read as follows:
       ``(B) has completed at least 12 months of service--
       ``(i) as an employee (as that term is defined in section 
     2105) of the Government of the United States, including 
     service with the United States Postal Service, the Postal 
     Regulatory Commission, and a nonappropriated fund 
     instrumentality as described in section 2105(c); or
       ``(ii) that qualifies as military service described in 
     section 8401(31)(A) (regardless of when such service was 
     completed), except that this clause shall not apply with 
     respect to a member of the commissioned corps of the Public 
     Health Service or the commissioned corps of the National 
     Oceanic and Atmospheric Administration;''.
       (b) Congressional Accountability Act of 1995.--Section 
     202(a)(1) of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1312(a)(1)) is amended by adding at the end the 
     following: ``In applying section 101(2)(A) of such Act, a 
     covered employee who has completed 12 months of service that 
     qualifies as military service described in section 
     8401(31)(A) of title 5, United States Code (regardless of 
     when such service was completed), shall be deemed to have met 
     the service requirement in such section 101(2)(A).''.
       (c) Family and Medical Leave Act of 1993.--Section 101(2) 
     of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2611(2)) is amended--
       (1) in subparagraph (E), by adding at the end the 
     following: ``In the case of an employee of the Government 
     Accountability Office, the requirements of subparagraph (A) 
     shall be deemed to have been met if that employee has 
     completed 12 months of service that qualifies as military 
     service described in section 8401(31)(A) of title 5, United 
     States Code (regardless of when such service was 
     completed).''; and
       (2) by adding at the end the following:
       ``(F) Library of congress employees.--Consistent with 
     section 101(a)(3)(J) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1301(a)(3)(J)), in the case of an employee 
     of the Library of Congress, the requirements of subparagraph 
     (A) shall be deemed to have been met if that employee has 
     completed 12 months of service that qualifies as military 
     service described in section 8401(31)(A) of title 5, United 
     States Code (regardless of when such service was 
     completed).''.
       (d) Executive Office of the President.--Section 412(a)(1) 
     of title 3, United States Code, is amended by adding at the 
     end the following: ``In applying section 101(2)(A) of such 
     Act, a covered employee who has completed 12 months of 
     service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code 
     (regardless of when such service was completed), shall be 
     deemed to have met the service requirement in such section 
     101(2)(A).''.''
       (e) Department of Veterans Affairs.--Not later than 180 
     days after the effective date of this section, the Secretary 
     of Veterans Affairs shall modify the family and medical leave 
     program provided by operation of section 7425(c) of title 38, 
     United States Code, to conform with the requirements of

[[Page S2687]]

     the amendment made by subsection (a) of this section with 
     respect to military service in section 6381(1)(B)(ii) of 
     title 5, United States Code, as added by such subsection (a).
       (f) FAA.--Section 40122(g) of title 49, United States Code, 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (I)(iii), by striking ``and'' at the 
     end;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(K) section 6381(1)(B)(ii), but only with respect to the 
     treatment of military service for purposes of eligibility for 
     leave (to the extent provided) on the basis of an event for 
     which leave may be taken under subchapter V of chapter 63 of 
     title 5.'';
       (2) in paragraph (5), by inserting ``(including with 
     respect to the application of military service under section 
     6381(1)(B)(ii) of title 5)'' after ``section 6382 of title 
     5''; and
       (3) in paragraph (6), by striking ``This subsection'' and 
     inserting ``Except with respect to amendments made to this 
     subsection by the National Defense Authorization Act for 
     Fiscal Year 2024 which shall take effect on the date of 
     enactment of that Act, this subsection''.
       (g) District of Columbia Courts and District of Columbia 
     Public Defender Service.--
       (1) District of columbia courts.--Subsection (d) of section 
     11-1726, District of Columbia Official Code, is amended by 
     adding at the end the following: ``To the extent that the 
     program requires a minimum length of employment in order to 
     be eligible for such leave, a nonjudicial employee of the 
     District of Columbia courts who has completed 12 months of 
     service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code, shall be 
     deemed to have met that requirement.''.
       (2) District of columbia public defender service.--
     Subsection (d) of section 305 of the District of Columbia 
     Court Reform and Criminal Procedure Act of 1970 (sec. 2-1605, 
     D.C. Official Code) is amended by adding at the end the 
     following: ``To the extent that the program requires a 
     minimum length of employment in order to be eligible for such 
     leave, an employee of the Service who has completed 12 months 
     of service that qualifies as military service described in 
     section 8401(31)(A) of title 5, United States Code, shall be 
     deemed to have met that requirement.''.
       (h) Article I Judges.--
       (1) Bankruptcy judges.--Section 153(d) of title 28, United 
     States Code, is amended--
       (A) by striking ``A bankruptcy judge'' and inserting ``(1) 
     Except as provided in paragraph (2), a bankruptcy judge''; 
     and
       (B) by adding at the end the following:
       ``(2) The provisions of subchapter V of chapter 63 of title 
     5 shall apply to a bankruptcy judge as if the bankruptcy 
     judge were an employee (within the meaning of subparagraph 
     (A) of section 6381(1) of such title).''.
       (2) Magistrate judges.--Section 631(k) of title 28, United 
     States Code, is amended--
       (A) by striking ``A United States magistrate judge'' and 
     inserting ``(1) Except as provided in paragraph (2), a United 
     States magistrate judge''; and
       (B) by adding at the end the following: (2) The provisions 
     of subchapter V of chapter 63 of title 5 shall apply to a 
     United States magistrate judge as if the United States 
     magistrate judge were an employee (within the meaning of 
     subparagraph (A) of section 6381(1) of such title).''.
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 60 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 559. Mr. SCHATZ 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:

       After subtitle G of title X, insert the following:

                       Subtitle H--TSA Workforce

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Rights for the 
     Transportation Security Administration Workforce Act of 
     2023'' or the ``Rights for the TSA Workforce Act of 2023''.

     SEC. 1092. DEFINITIONS.

       In this subtitle--
       (1) the term ``2022 Determination'' means the publication, 
     entitled ``Determination on Transportation Security Officers 
     and Collective Bargaining'', issued on December 30, 2022, by 
     Administrator David P. Pekoske, as modified, or any 
     superseding subsequent determination.
       (2) the term ``adjusted basic pay'' means--
       (A) the rate of pay fixed by law or administrative action 
     for a position occupied by a covered employee before any 
     deductions; and
       (B) any regular, fixed supplemental payment for non-
     overtime hours of work creditable as basic pay for retirement 
     purposes, including any applicable locality payment and any 
     special rate supplement;
       (3) the term ``Administration'' means the Transportation 
     Security Administration;
       (4) the term ``Administrator'' means the Administrator of 
     the Administration;
       (5) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on Oversight and Accountability of the 
     House of Representatives;
       (6) the term ``conversion date'' means the date on of which 
     subparagraphs (A) through (F) of section 1093(c)(1) take 
     effect;
       (7) the term ``covered employee'' means an employee who 
     occupies a covered position;
       (8) the term ``covered position'' means a position within 
     the Administration;
       (9) the term ``employee'' has the meaning given the term in 
     section 2105 of title 5, United States Code;
       (10) the term ``screening agent'' means a full- or part-
     time non-supervisory covered employee carrying out screening 
     functions under section 44901 of title 49, United States 
     Code;
       (11) the term ``Secretary'' means the Secretary of Homeland 
     Security; and
       (12) the term ``TSA personnel management system'' means any 
     personnel management system established or modified under--
       (A) section 111(d) of the Aviation and Transportation 
     Security Act (49 U.S.C. 44935 note); or
       (B) section 114(n) of title 49, United States Code.

     SEC. 1093. CONVERSION OF TSA PERSONNEL.

       (a) Restrictions on Certain Personnel Authorities.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective as of the date of enactment of this Act--
       (A) any TSA personnel management system in use for covered 
     employees and covered positions on the day before that date 
     of enactment, and any personnel management policy, letter, 
     guideline, or directive of the Administration in effect on 
     that day, may not be modified;
       (B) no personnel management policy, letter, guideline, or 
     directive of the Administration that was not established 
     before that date issued pursuant to section 111(d) of the 
     Aviation and Transportation Security Act (49 U.S.C. 44935 
     note) or section 114(n) of title 49, United States Code, may 
     be established; and
       (C) any authority to establish or adjust a human resources 
     management system under chapter 97 of title 5, United States 
     Code, shall terminate with respect to covered employees and 
     covered positions.
       (2) Exceptions.--
       (A) Pay.--Notwithstanding paragraph (1)(A), the limitation 
     in that paragraph shall not apply to any personnel management 
     policy, letter, guideline, or directive of the Administration 
     relating to annual adjustments to pay schedules and locality-
     based comparability payments in order to maintain parity with 
     those adjustments authorized under sections 5303, 5304, 
     5304a, and 5318 of title 5, United States Code; and
       (B) Additional policy.--Notwithstanding paragraph (1)(B), 
     new personnel management policy of the Administration may be 
     issued if--
       (i) that policy is needed to resolve a matter not 
     specifically addressed in policy in effect on that date of 
     enactment; and
       (ii) the Secretary provides that policy, with an 
     explanation of the necessity of that policy, to the 
     appropriate congressional committees not later than 7 days 
     after the date on which the policy is issued.
       (C) Emerging threats to transportation security during 
     transition period.--
       (i) In general.--Notwithstanding paragraph (1), any 
     personnel management policy, letter, guideline, or directive 
     of the Administration relating to an emerging threat to 
     transportation security, including national emergencies or 
     disasters and public health threats to transportation 
     security, may be modified or established until the conversion 
     date.
       (ii) Submission to congress.--Not later than 7 days after 
     the date on which any personnel management policy, letter, 
     guideline, or directive of the Administration is modified or 
     established under clause (i), the Secretary shall provide to 
     the appropriate congressional committees that established or 
     modified policy, letter, guideline, or directive, as 
     applicable, which shall contain an explanation of the 
     necessity of that establishment or modification.
       (b) Personnel Authorities During Transition Period.--Any 
     TSA personnel management system in use for covered employees 
     and covered positions on the day before the date of enactment 
     of this Act, and any personnel management policy, letter, 
     guideline, or directive of the Administration in effect on 
     the day before the date of enactment of this Act, shall 
     remain in effect until the conversion date.
       (c) Transition to Title 5.--
       (1) In general.--Except as provided in paragraph (2), 
     effective beginning on a date determined by the Secretary, 
     but in no event later than December 31, 2023--
       (A) all TSA personnel management systems shall cease to be 
     in effect;
       (B) section 114(n) of title 49, United States Code, is 
     repealed;
       (C) section 111(d) of the Aviation and Transportation 
     Security Act (Public Law 107-71; 49 U.S.C. 44935 note) is 
     repealed;
       (D) any personnel management policy, letter, guideline, or 
     directive of the Administration, including the 2022 
     Determination, shall cease to be effective;

[[Page S2688]]

       (E) any human resources management system established or 
     adjusted under chapter 97 of title 5, United States Code, 
     with respect to covered employees or covered positions shall 
     cease to be effective; and
       (F) covered employees and covered positions shall be 
     subject to the provisions of title 5, United States Code.
       (2) Chapters 71 and 77 of title 5.--Not later than 90 days 
     after the date of enactment of this Act--
       (A) chapters 71 and 77 of title 5, United States Code, 
     shall apply to covered employees carrying out screening 
     functions pursuant to section 44901 of title 49, United 
     States Code; and
       (B) any policy, letter, guideline, or directive issued 
     under section 111(d) of the Aviation and Transportation 
     Security Act (49 U.S.C. 44935 note) relating to matters 
     otherwise covered by chapter 71 or 77 of title 5, United 
     States Code, shall cease to be in effect.
       (3) Assistance of other agencies.--Not later than 180 days 
     after the date of enactment of this Act, or December 31, 
     2023, whichever is earlier--
       (A) the Director of the Office of Personnel Management 
     shall establish a position series and classification standard 
     for the positions of Transportation Security Officer, Federal 
     air marshal, Transportation Security Inspector, and other 
     positions requested by the Administrator; and
       (B) the National Finance Center of the Department of 
     Agriculture shall make necessary changes to Financial 
     Management Services and Human Resources Management Services 
     to ensure payroll, leave, and other personnel processing 
     systems for covered employees are consistent with chapter 53 
     of title 5, United States Code, and provide functions as 
     needed to implement this subtitle.
       (d) Safeguards on Grievances and Appeals.--
       (1) In general.--Each covered employee with a grievance or 
     appeal pending within the Administration on the date of 
     enactment of this Act or initiated during the transition 
     period described in subsection (c) may have that grievance or 
     appeal removed to proceedings pursuant to title 5, United 
     States Code, or continued within TSA.
       (2) Authority.--With respect to any grievance or appeal 
     continued within the Administration under paragraph (1), the 
     Administrator may consider and finally adjudicate that 
     grievance or appeal notwithstanding any other provision of 
     this subtitle.
       (3) Preservation of rights.--Notwithstanding any other 
     provision of law, any appeal or grievance continued under 
     this section that is not finally adjudicated under paragraph 
     (2) shall be preserved and all timelines tolled until the 
     rights afforded by application of chapters 71 and 77 of title 
     5, United States Code, are made available under subsection 
     (c)(2).

     SEC. 1094. TRANSITION RULES.

       (a) Nonreduction in Pay and Compensation.--Under such pay 
     conversion rules as the Secretary may prescribe to carry out 
     this subtitle, a covered employee converted from a TSA 
     personnel management system to the provisions of title 5, 
     United States Code, under section 1093(c)(1)(F)--
       (1) may not be subject to any reduction in either the rate 
     of adjusted basic pay payable or law enforcement availability 
     pay payable to that covered employee; and
       (2) shall be credited for years of service in a specific 
     pay band under a TSA personnel management system as if the 
     covered employee had served in an equivalent General Schedule 
     position at the same grade, for purposes of determining the 
     appropriate step within a grade at which to establish the 
     converted rate of pay of the covered employee.
       (b) Retirement Pay.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a proposal, including 
     proposed legislative changes if needed, for determining the 
     average pay of any covered employee who retires not later 
     than 3 years after the conversion date for purposes of 
     calculating the retirement annuity of the covered employee.
       (2) Requirements.--The proposal required under paragraph 
     (1) shall be structured in a manner that--
       (A) is consistent with title 5, United States Code; and
       (B) appropriately accounts for the service of a covered 
     employee to which the proposal applies, and the annual rate 
     of basic pay of such a covered employee, following the 
     conversion date.
       (c) Limitation on Premium Pay.--
       (1) In general.--Notwithstanding section 5547 of title 5, 
     United States Code, or any other provision of law, a Federal 
     air marshal or criminal investigator who is appointed to that 
     position before the date of enactment of this Act may be 
     eligible for premium pay up to the maximum level allowed by 
     the Administrator before the date of enactment of this Act.
       (2) OPM recognition.--The Director of the Office of 
     Personnel Management shall recognize premium pay paid 
     pursuant to paragraph (1) as fully creditable for the 
     purposes of calculating pay and retirement benefits.
       (d) Preservation of Law Enforcement Availability Pay and 
     Overtime Pay Rates for Federal Air Marshals.--
       (1) LEAP.--Section 5545a of title 5, United States Code, is 
     amended--
       (A) in subsection (a)(2), in the matter preceding 
     subparagraph (A), by striking ``subsection (k)'' and 
     inserting ``subsection (l)'';
       (B) by redesignating subsection (k) as subsection (l); and
       (C) by inserting after subsection (j) the following:
       ``(k) The provisions of subsections (a) through (h) 
     providing for availability pay shall apply to any Federal air 
     marshal who is an employee of the Transportation Security 
     Administration.''.
       (2) Overtime.--Section 5542 of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(i) Notwithstanding any other provision of law, a Federal 
     air marshal who is an employee of the Transportation Security 
     Administration shall receive overtime pay under this section, 
     at such a rate and in such a manner so that such Federal air 
     marshal does not receive less overtime pay than such Federal 
     air marshal would receive were that Federal air marshal 
     subject to the overtime pay provisions of section 7 of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 207).''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall apply beginning on the conversion date.
       (e) Collective Bargaining Unit.--Notwithstanding section 
     7112 of title 5, United States Code, following the 
     application of chapter 71 of that title pursuant to section 
     1093(c)(2) of this subtitle, screening agents shall remain 
     eligible to form a collective bargaining unit.
       (f) Preservation of Other Rights.--The Secretary shall take 
     any actions necessary to ensure that the following rights are 
     preserved and available for each covered employee beginning 
     on the conversion date, and for any covered employee 
     appointed after the conversion date, and continue to remain 
     available to covered employees after the conversion date:
       (1) Any annual leave, sick leave, or other paid leave 
     accrued, accumulated, or otherwise available to a covered 
     employee immediately before the conversion date shall remain 
     available to the covered employee until used, subject to any 
     limitation on accumulated leave under chapter 63 of title 5, 
     United States Code.
       (2) Part-time screening agents pay premiums under chapter 
     89 of title 5, United States Code, on the same basis as full-
     time covered employees.
       (3) Notwithstanding section 6329a of title 5, United States 
     Code, covered employees are provided appropriate leave during 
     national emergencies to assist the covered employees and 
     ensure the Administration meets mission requirements.
       (4) Eligible screening agents receive a split-shift 
     differential for regularly scheduled split-shift work as well 
     as regularly scheduled overtime and irregular and occasional 
     split-shift work.
       (5) Notwithstanding sections subsections (c), (e), and (f) 
     of section 5754 of title 5, United States Code, eligible 
     covered employees receive group retention incentives, as 
     appropriate.

     SEC. 1095. CONSULTATION REQUIREMENT.

       (a) Exclusive Representative.--
       (1) In general.--
       (A) Application.--Beginning on the date that chapter 71 of 
     title 5, United States Code (referred to in this subsection 
     as ``chapter 71''), begins to apply to covered employees 
     under section 1093(c)(2), the labor organization certified by 
     the Federal Labor Relations Authority on June 29, 2011, or 
     any successor labor organization, shall be treated as the 
     exclusive representative of screening agents and shall be the 
     exclusive representative for screening agents under chapter 
     71, with full rights under chapter 71.
       (B) Rule of construction.--Nothing in this subsection may 
     be construed to prevent covered employees from selecting an 
     exclusive representative other than the labor organization 
     described in paragraph (1) for purposes of collective 
     bargaining under chapter 71.
       (2) National level.--
       (A) In general.--Notwithstanding any provision of chapter 
     71, collective bargaining for any unit of covered employees 
     shall occur at the national level, but may be supplemented by 
     local level bargaining and local level agreements in 
     furtherance of elements of a national agreement or on issues 
     of any local unit of covered employees not otherwise covered 
     by a national agreement.
       (B) Mutual consent required.--Local-level bargaining and 
     local-level agreements described in subparagraph (A) shall 
     occur only by mutual consent of the exclusive representative 
     of screening agents and the Federal Security Director (or a 
     designee of such an official) of those screening agents.
       (3) Current agreement.--Any collective bargaining agreement 
     covering such personnel in effect on the date of enactment of 
     this Act shall remain in effect until a collective bargaining 
     agreement is entered into under chapter 71, unless the 
     Administrator and exclusive representative mutually agree to 
     revisions to such an agreement.
       (b) Consultation Process.--
       (1) In general.--Not later than 7 days after the date of 
     enactment of this Act, the Secretary shall consult with the 
     exclusive representative for the screening agents described 
     in subsection (a)(1) under chapter 71 of title 5, United 
     States Code, on the formulation of plans and deadlines to 
     carry out the conversion, under this subtitle, of those 
     screening agents.
       (2) Written plans.--Before the date that chapter 71 of 
     title 5, United States Code, begins to apply under section 
     1093(c)(2), the Secretary shall provide (in writing) to the

[[Page S2689]]

     exclusive representative described in paragraph (1) the plans 
     for how the Secretary intends to carry out the conversion of 
     covered employees under this subtitle, including with respect 
     to such matters as--
       (A) the anticipated conversion date; and
       (B) measures to ensure compliance with sections 1093 and 
     1094.
       (c) Required Agency Response.--If any views or 
     recommendations are presented under subsection (b) by the 
     exclusive representative described in that subsection, the 
     Secretary shall--
       (1) consider the views or recommendations before taking 
     final action on any matter with respect to which the views or 
     recommendations are presented; and
       (2) provide the exclusive representative a written 
     statement of the reasons for the final actions to be taken.

     SEC. 1096. NO RIGHT TO STRIKE.

        Nothing in this subtitle may be considered--
       (1) to repeal or otherwise affect--
       (A) section 1918 of title 18, United States Code (relating 
     to disloyalty and asserting the right to strike against the 
     Government); or
       (B) section 7311 of title 5, United States Code (relating 
     to loyalty and striking); or
       (2) to otherwise authorize any activity that is not 
     permitted under a provision of law described in subparagraph 
     (A) or (B) of paragraph (1).

     SEC. 1097. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND 
                   CHECK REQUIREMENTS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall submit to the appropriate 
     congressional committees a plan to harmonize and update, for 
     the purposes of making appointments and for authorizing or 
     entering into any contract for service, the restrictions 
     under section 70105(c) of title 46, United States Code, 
     (relating to the issuance of transportation security cards) 
     and section 44936 of title 49, United States Code, (relating 
     to employment investigations and restrictions).

     SEC. 1098. COMPTROLLER GENERAL REVIEWS.

       (a) Review of Recruitment.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the efforts of 
     the Administration regarding recruitment, including 
     recruitment efforts relating to veterans, the dependents of 
     veterans, members of the Armed Forces, and the dependents of 
     such members.
       (2) Recruitment.--The report required under paragraph (1) 
     shall include recommendations regarding how the 
     Administration may improve the recruitment efforts described 
     in that paragraph.
       (b) Review of Implementation.--The Comptroller General of 
     the United States shall--
       (1) not later than 60 days after the conversion date, 
     commence a review of the implementation of this subtitle; and
       (2) not later than 1 year after the conversion date, submit 
     to Congress a report on the review conducted under paragraph 
     (1).
       (c) Review of Promotion Policies and Leadership 
     Diversity.--Not later than 1 year after the date of enactment 
     of this Act, the Comptroller General of the United States 
     shall submit to Congress a report--
       (1) on the efforts of the Administration to ensure that 
     recruitment, appointment, promotion, and advancement 
     opportunities within the Administration are equitable and 
     provide for demographics among senior leadership that are 
     reflective of the workforce demographics of the United 
     States; and
       (2) that, to the extent possible, includes--
       (A) an overview and analysis of the current (as of the date 
     on which the report is submitted) demographics of the 
     leadership of the Administration; and
       (B) as appropriate, recommendations to improve appointment 
     and promotion procedures and diversity in leadership roles, 
     which may include recommendations for how the Administration 
     can better promote from within the Administration and retain 
     and advance covered employees.
       (d) Review of Harassment and Assault Policies and 
     Protections.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the efforts of 
     the Administration to ensure the safety of the staff of the 
     Administration with respect to harassment and assault in the 
     workplace, such as incidents--
       (A) of sexual harassment and violence and harassment and 
     violence motivated by the perceived race, ethnicity, 
     religion, gender identity, or sexuality of an individual; and
       (B) in which the alleged perpetrator is a member of the 
     general public.
       (2) Inclusions.--The report required under paragraph (1) 
     shall include--
       (A) an overview and analysis of the current (as of the date 
     on which the report is submitted) policies and response 
     procedures of the Administration;
       (B) a detailed description of if, when, and how the 
     policies described in subparagraph (A) fail to adequately 
     protect covered employees; and
       (C) as appropriate, recommendations for steps the 
     Administration can take to better protect covered employees 
     from harassment and violence in the workplace.
       (3) Opportunity for comment.--In conducting the review 
     required under this subsection, the Comptroller General of 
     the United States shall provide opportunities for covered 
     employees of all levels and positions, and labor 
     organizations and associations representing those covered 
     employees, to submit comments, including in an anonymous 
     form, and take those comments into account in the final 
     recommendations of the Comptroller General.

     SEC. 1099. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) TSA personnel management systems provide insufficient 
     benefits and workplace protections to the workforce that 
     secures the transportation systems of the United States;
       (2) covered employees should be provided protections and 
     benefits under title 5, United States Code; and
       (3) the provision of the protections and benefits described 
     in paragraph (2) should not result in a reduction of pay or 
     benefits to current covered employees.

     SEC. 1099A. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

       The Administrator shall communicate with organizations 
     representing a significant number of Federal air marshals, to 
     the extent provided by law, to address concerns regarding 
     Federal Air Marshals related to the following:
       (1) Mental health.
       (2) Suicide rates.
       (3) Morale and recruitment.
       (4) Equipment and training.
       (5) Work schedules and shifts, including mandated periods 
     of rest.
       (6) Any other personnel issues the Administrator determines 
     appropriate.

     SEC. 1099B. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate congressional committees a feasibility study on 
     allowing covered employees carrying out screening functions 
     under section 44901 of title 49, United States Code, to treat 
     as hours of employment time spent by those covered employees 
     regularly traveling between parking lots and bus and transit 
     stops of airports and screening checkpoints before and after 
     the regular work day.
       (b) Considerations.--In conducting the study required under 
     subsection (a), the Administrator shall consider--
       (1) the amount of time needed to travel to and from parking 
     lots and bus and transit stops of airports at small hub 
     airports, medium hub airports, and large hub airports, as 
     those terms are defined in section 40102 of title 49, United 
     States Code;
       (2) the feasibility of using mobile phones and location 
     data to allow covered employees to report their arrival to 
     and departure from parking lots and bus and transit stops of 
     airports; and
       (3) the estimated costs of treating the amount of time 
     described in paragraph (1) as hours of employment time spent.

     SEC. 1099C. BRIEFING ON ASSAULTS AND THREATS ON TSA 
                   EMPLOYEES.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator shall brief the appropriate 
     congressional committees regarding the following:
       (1) Reports to the Administrator of instances of physical 
     or verbal assaults or threats made by members of the general 
     public against screening agents since January 1, 2019.
       (2) Procedures for reporting the assaults and threats 
     described in paragraph (1), including information on how the 
     Administrator communicates the availability of those 
     procedures.
       (3) Any steps taken by the Administration to prevent and 
     respond to the assaults and threats described in paragraph 
     (1).
       (4) Any related civil actions and criminal referrals made 
     annually since January 1, 2019.
       (5) Any additional authorities needed by the Administrator 
     to better prevent or respond to the assaults and threats 
     described in paragraph (1).

     SEC. 1099D. ANNUAL REPORTS ON TSA WORKFORCE.

       Not later than 1 year after the date of enactment of this 
     Act and annually thereafter, the Administrator shall submit 
     to the appropriate congressional committees a report that 
     contains the following:
       (1) An analysis of the Federal Employee Viewpoint Survey of 
     the Office of Personnel Management to determine job 
     satisfaction rates of covered employees.
       (2) Information relating to retention rates of covered 
     employees at each airport, including transfers, in addition 
     to aggregate retention rates of covered employees across the 
     workforce of the Administration.
       (3) Information relating to actions taken by the 
     Administration intended to improve workforce morale and 
     retention.

     SEC. 1099E. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary, to remain available until expended, to carry out 
     this subtitle and the amendments made by this subtitle.
                                 ______
                                 
  SA 560. Mr. WYDEN (for himself, Mr. Crapo, Mr. Braun, Mr. Fetterman, 
Mr. Risch, Mr. Young, 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

[[Page S2690]]

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__. NATIONAL MEDAL OF HONOR HIGHWAY.

       (a) Purpose.--The purposes of this section are--
       (1) to honor all current and future Medal of Honor 
     recipients; and
       (2) to recognize the valor and service of those Medal of 
     Honor recipients.
       (b) Designation.--United States Route 20 in each of the 
     States of Oregon, Idaho, Montana, Wyoming, Nebraska, Iowa, 
     Illinois, Indiana, Ohio, Pennsylvania, New York, and 
     Massachusetts shall be known and designated as the ``National 
     Medal of Honor Highway''.
       (c) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     highway referred to in subsection (b) shall be deemed to be a 
     reference to the ``National Medal of Honor Highway''.
                                 ______
                                 
  SA 561. Mr. WYDEN (for himself and Ms. Lummis) 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--EXPORT CONTROLS WITH RESPECT TO PERSONAL DATA OF UNITED 
                            STATES NATIONALS

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Protecting Americans' Data 
     From Foreign Surveillance Act of 2023''.

     SEC. 1802. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) accelerating technological trends have made sensitive 
     personal data an especially valuable input to activities that 
     foreign adversaries of the United States undertake to 
     threaten both the national security of the United States and 
     the privacy that the people of the United States cherish;
       (2) it is therefore essential to the safety of the United 
     States and the people of the United States to ensure that the 
     United States Government makes every effort to prevent 
     sensitive personal data from falling into the hands of malign 
     foreign actors; and
       (3) because allies of the United States face similar 
     challenges, in implementing this Act, the United States 
     Government should explore the establishment of a shared zone 
     of mutual trust with respect to sensitive personal data.

     SEC. 1803. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN 
                   PERSONAL DATA OF UNITED STATES NATIONALS AND 
                   INDIVIDUALS IN THE UNITED STATES.

       (a) In General.--Part I of the Export Control Reform Act of 
     2018 (50 U.S.C. 4811 et seq.) is amended by inserting after 
     section 1758 the following:

     ``SEC. 1758A. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN 
                   PERSONAL DATA OF UNITED STATES NATIONALS AND 
                   INDIVIDUALS IN THE UNITED STATES.

       ``(a) Identification of Categories of Personal Data.--
       ``(1) In general.--The Secretary shall, in coordination 
     with the heads of the appropriate Federal agencies, identify 
     categories of personal data of covered individuals that 
     could--
       ``(A) be exploited by foreign governments or foreign 
     adversaries; and
       ``(B) if exported, reexported, or in-country transferred in 
     a quantity that exceeds the threshold established under 
     paragraph (3), harm the national security of the United 
     States.
       ``(2) List required.--In identifying categories of personal 
     data of covered individuals under paragraph (1), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall--
       ``(A) identify an initial list of such categories not later 
     than one year after the date of the enactment of the 
     Protecting Americans' Data From Foreign Surveillance Act of 
     2023; and
       ``(B) as appropriate thereafter and not less frequently 
     than every 5 years, add categories to, remove categories 
     from, or modify categories on, that list.
       ``(3) Establishment of threshold.--
       ``(A) Establishment.--Not later than one year after the 
     date of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary, in 
     coordination with the heads of the appropriate Federal 
     agencies, shall establish a threshold for determining when 
     the export, reexport, or in-country transfer (in the 
     aggregate) of the personal data of covered individuals by one 
     person to or in a restricted country could harm the national 
     security of the United States.
       ``(B) Number of covered individuals affected.--
       ``(i) In general.--Except as provided by clause (ii), the 
     Secretary shall establish the threshold under subparagraph 
     (A) so that the threshold is--

       ``(I) not lower than the export, reexport, or in-country 
     transfer (in the aggregate) by one person to or in a 
     restricted country during a calendar year of the personal 
     data of 10,000 covered individuals; and
       ``(II) not higher than the export, reexport, or in-country 
     transfer (in the aggregate) by one person to or in a 
     restricted country during a calendar year of the personal 
     data of 1,000,000 covered individuals.

       ``(ii) Exports by certain foreign persons.--In the case of 
     a person that possesses the data of more than 1,000,000 
     covered individuals, the threshold established under 
     subparagraph (A) shall be one export, reexport, or in-country 
     transfer of personal data to or in a restricted country by 
     that person during a calendar year if the export, reexport, 
     or in-country transfer is to--

       ``(I) the government of a restricted country;
       ``(II) a foreign person that owns or controls the person 
     conducting the export, reexport, or in-country transfer and 
     that person knows, or should know, that the export, reexport, 
     or in-country transfer of the personal data was requested by 
     the foreign person to comply with a request from the 
     government of a restricted country; or
       ``(III) an entity on the Entity List maintained by the 
     Bureau of Industry and Security of the Department of Commerce 
     and set forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations.

       ``(C) Category thresholds.--The Secretary, in coordination 
     with the heads of the appropriate Federal agencies, may 
     establish a threshold under subparagraph (A) for each 
     category (or combination of categories) of personal data 
     identified under paragraph (1).
       ``(D) Updates.--The Secretary, in coordination with the 
     heads of the appropriate Federal agencies--
       ``(i) may update a threshold established under subparagraph 
     (A) as appropriate; and
       ``(ii) shall reevaluate the threshold not less frequently 
     than every 5 years.
       ``(E) Treatment of persons under common ownership as one 
     person.--For purposes of determining whether a threshold 
     established under subparagraph (A) has been met--
       ``(i) all exports, reexports, or in-country transfers 
     involving personal data conducted by persons under the 
     ownership or control of the same person shall be aggregated 
     to that person; and
       ``(ii) that person shall be liable for any export, 
     reexport, or in-country transfer in violation of this 
     section.
       ``(F) Considerations.--In establishing a threshold under 
     subparagraph (A), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall seek to 
     balance the need to protect personal data from exploitation 
     by foreign governments and foreign adversaries against the 
     likelihood of--
       ``(i) impacting legitimate business activities, research 
     activities, and other activities that do not harm the 
     national security of the United States; or
       ``(ii) chilling speech protected by the First Amendment to 
     the Constitution of the United States.
       ``(4) Determination of period for protection.--The 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall determine, for each category (or 
     combination of categories) of personal data identified under 
     paragraph (1), the period of time for which encryption 
     technology described in subsection (b)(4)(A)(iii) is required 
     to be able to protect that category (or combination of 
     categories) of data from decryption to prevent the 
     exploitation of the data by a foreign government or foreign 
     adversary from harming the national security of the United 
     States.
       ``(5) Use of information; considerations.--In carrying out 
     this subsection (including with respect to the list required 
     under paragraph (2)), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall--
       ``(A) use multiple sources of information, including--
       ``(i) publicly available information;
       ``(ii) classified information, including relevant 
     information provided by the Director of National 
     Intelligence;
       ``(iii) information relating to reviews and investigations 
     of transactions by the Committee on Foreign Investment in the 
     United States under section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565);
       ``(iv) the categories of sensitive personal data described 
     in paragraphs (1)(ii) and (2) of section 800.241(a) of title 
     31, Code of Federal Regulations, as in effect on the day 
     before the date of the enactment of the Protecting Americans' 
     Data From Foreign Surveillance Act of 2023, and any 
     categories of sensitive personal data added to such section 
     after such date of enactment;
       ``(v) information provided by the advisory committee 
     established pursuant to paragraph (7); and
       ``(vi) the recommendations (which the Secretary shall 
     request) of--

       ``(I) experts in privacy, civil rights, and civil 
     liberties, identified by the National Academy of Sciences; 
     and
       ``(II) experts on the First Amendment to the Constitution 
     of the United States identified by the American Bar 
     Association; and

       ``(B) take into account--
       ``(i) the significant quantity of personal data of covered 
     individuals that is publicly available by law or has already 
     been stolen or acquired by foreign governments or foreign 
     adversaries;

[[Page S2691]]

       ``(ii) the harm to United States national security caused 
     by the theft or acquisition of that personal data;
       ``(iii) the potential for further harm to United States 
     national security if that personal data were combined with 
     additional sources of personal data;
       ``(iv) the fact that non-sensitive personal data, when 
     analyzed in the aggregate, can reveal sensitive personal 
     data;
       ``(v) the commercial availability of inferred and derived 
     data; and
       ``(vi) the potential for especially significant harm from 
     data and inferences related to sensitive domains, such as 
     health, work, education, criminal justice, and finance.
       ``(6) Notice and comment period.--The Secretary shall 
     provide for a public notice and comment period after the 
     publication in the Federal Register of a proposed rule, and 
     before the publication of a final rule--
       ``(A) identifying the initial list of categories of 
     personal data under subparagraph (A) of paragraph (2);
       ``(B) adding categories to, removing categories from, or 
     modifying categories on, that list under subparagraph (B) of 
     that paragraph;
       ``(C) establishing or updating the threshold under 
     paragraph (3); or
       ``(D) setting forth the period of time for which encryption 
     technology described in subsection (b)(4)(A)(iii) is required 
     under paragraph (4) to be able to protect such a category of 
     data from decryption.
       ``(7) Advisory committee.--
       ``(A) In general.--The Secretary shall establish an 
     advisory committee to advise the Secretary with respect to 
     privacy and sensitive personal data.
       ``(B) Membership.--The committee established pursuant to 
     subparagraph (A) shall include the following members selected 
     by the Secretary:
       ``(i) Experts on privacy and cybersecurity.
       ``(ii) Representatives of United States private sector 
     companies, industry associations, and scholarly societies.
       ``(iii) Representatives of civil society groups, including 
     such groups focused on protecting civil rights and civil 
     liberties.
       ``(C) Applicability of federal advisory committee act.--
     Subsections (a)(1), (a)(3), and (b) of section 10 and 
     sections 11, 13, and 14 of the Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to the advisory committee 
     established pursuant to subparagraph (A).
       ``(8) Treatment of anonymized personal data.--
       ``(A) In general.--In carrying out this subsection, the 
     Secretary may not treat anonymized personal data differently 
     than identifiable personal data unless the Secretary is 
     confident, based on the method of anonymization used and the 
     period of time determined under paragraph (4) for protection 
     of the category of personal data involved, it will not be 
     possible for well-resourced adversaries, including foreign 
     governments, to re-identify the individuals to which the 
     anonymized personal data relates, such as by using other 
     sources of data, including non-public data obtained through 
     hacking and espionage, and reasonably anticipated advances in 
     technology.
       ``(B) Guidance.--The Under Secretary of Commerce for 
     Standards and Technology shall issue guidance to the public 
     with respect to methods for anonymizing data and how to 
     determine if individuals to which the anonymized personal 
     data relates can be, or are likely in the future to be, 
     reasonably identified, such as by using other sources of 
     data.
       ``(9) Sense of congress on identification of categories of 
     personal data.--It is the sense of Congress that, in 
     identifying categories of personal data of covered 
     individuals under paragraph (1), the Secretary should, to the 
     extent reasonably possible and in coordination with the 
     Secretary of the Treasury and the Director of the Office of 
     Management and Budget, harmonize those categories with the 
     categories of sensitive personal data described in paragraph 
     (5)(A)(iv).
       ``(b) Commerce Controls.--
       ``(1) Controls required.--Beginning 18 months after the 
     date of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall impose 
     appropriate controls under the Export Administration 
     Regulations on the export or reexport to, or in-country 
     transfer in, all countries (other than countries on the list 
     required by paragraph (2)(D)) of covered personal data in a 
     manner that exceeds the applicable threshold established 
     under subsection (a)(3), including through interim controls 
     (such as by informing a person that a license is required for 
     export, reexport, or in-country transfer of covered personal 
     data), as appropriate, or by publishing additional 
     regulations.
       ``(2) Levels of control.--
       ``(A) In general.--Except as provided in subparagraph (C) 
     or (D), the Secretary shall--
       ``(i) require a license or other authorization for the 
     export, reexport, or in-country transfer of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3);
       ``(ii) determine whether that export, reexport, or in-
     country transfer is likely to harm the national security of 
     the United States--

       ``(I) after consideration of the matters described in 
     subparagraph (B); and
       ``(II) in coordination with the heads of the appropriate 
     Federal agencies; and

       ``(iii) if the Secretary determines under clause (ii) that 
     the export, reexport, or in-country transfer is likely to 
     harm the national security of the United States, deny the 
     application for the license or other authorization for the 
     export, reexport, or in-country transfer.
       ``(B) Considerations.--In determining under clause (ii) of 
     subparagraph (A) whether an export, reexport, or in-country 
     transfer of covered personal data described in clause (i) of 
     that subparagraph is likely to harm the national security of 
     the United States, the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall take into 
     account--
       ``(i) the adequacy and enforcement of data protection, 
     surveillance, and export control laws in the foreign country 
     to which the covered personal data would be exported or 
     reexported, or in which the covered personal data would be 
     transferred, in order to determine whether such laws, and the 
     enforcement of such laws, are sufficient to--

       ``(I) protect the covered personal data from accidental 
     loss, theft, and unauthorized or unlawful processing;
       ``(II) ensure that the covered personal data is not 
     exploited for intelligence purposes by foreign governments to 
     the detriment of the national security of the United States; 
     and
       ``(III) prevent the reexport of the covered personal data 
     to a third country for which a license would be required for 
     such data to be exported directly from the United States;

       ``(ii) the circumstances under which the government of the 
     foreign country can compel, coerce, or pay a person in or 
     national of that country to disclose the covered personal 
     data; and
       ``(iii) whether that government has conducted hostile 
     foreign intelligence operations, including information 
     operations, against the United States.
       ``(C) License requirement and presumption of denial for 
     certain countries.--
       ``(i) In general.--The Secretary shall--

       ``(I) require a license or other authorization for the 
     export or reexport to, or in-country transfer in, a country 
     on the list required by clause (ii) of covered personal data 
     in a manner that exceeds the threshold established under 
     subsection (a)(3); and
       ``(II) deny an application for such a license or other 
     authorization unless the person seeking the license or 
     authorization demonstrates to the satisfaction of the 
     Secretary that the export, reexport, or in-country transfer 
     will not harm the national security of the United States.

       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall 
     (subject to subclause (III)) establish a list of each country 
     with respect to which the Secretary determines that the 
     export or reexport to, or in-country transfer in, the country 
     of covered personal data in a manner that exceeds the 
     applicable threshold established under subsection (a)(3) will 
     be likely to harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary (subject to 
     subclause (III)) --

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.

       ``(III) Concurrence; consultations; considerations.--The 
     Secretary shall establish the list required by subclause (I) 
     and add a country to or remove a country from that list under 
     subclause (II)--

       ``(aa) with the concurrence of the Secretary of State;
       ``(bb) in consultation with the heads of the appropriate 
     Federal agencies; and
       ``(cc) based on the considerations described in 
     subparagraph (B).
       ``(D) No license requirement for certain countries.--
       ``(i) In general.--The Secretary may not require a license 
     or other authorization for the export or reexport to, or in-
     country transfer in, a country on the list required by clause 
     (ii) of covered personal data, without regard to the 
     applicable threshold established under subsection (a)(3).
       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall 
     (subject to clause (iii) and subclause (III)), establish a 
     list of each country with respect to which the Secretary 
     determines that the export or reexport to, or in-country 
     transfer in, the country of covered personal data (without 
     regard to any threshold established under subsection (a)(3)) 
     will not harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary (subject to 
     clause (iii) and subclause (III))--

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.

       ``(III) Concurrence; consultations; considerations.--The 
     Secretary shall establish the list required by subclause (I) 
     and add a country to or remove a country from that list under 
     subclause (II)--

       ``(aa) with the concurrence of the Secretary of State;
       ``(bb) in consultation with the heads of the appropriate 
     Federal agencies; and

[[Page S2692]]

       ``(cc) based on the considerations described in 
     subparagraph (B).
       ``(iii) Congressional review.--

       ``(I) In general.--The list required by clause (ii) and any 
     updates to that list adding or removing countries shall take 
     effect, for purposes of clause (i), on the date that is 180 
     days after the Secretary submits to the appropriate 
     congressional committees a proposal for the list or update 
     unless there is enacted into law, before that date, a joint 
     resolution of disapproval pursuant to subclause (II).
       ``(II) Joint resolution of disapproval.--

       ``(aa) Joint resolution of disapproval defined.--In this 
     clause, the term `joint resolution of disapproval' means a 
     joint resolution the matter after the resolving clause of 
     which is as follows: `That Congress does not approve of the 
     proposal of the Secretary with respect to the list required 
     by section 1758A(b)(2)(D)(ii) submitted to Congress on ___.', 
     with the blank space being filled with the appropriate date.
       ``(bb) Procedures.--The procedures set forth in paragraphs 
     (4)(C), (5), (6), and (7) of section 2523(d) of title 18, 
     United States Code, apply with respect to a joint resolution 
     of disapproval under this clause to the same extent and in 
     the same manner as such procedures apply to a joint 
     resolution of disapproval under such section 2523(d), except 
     that paragraph (6) of such section shall be applied and 
     administered by substituting `the Committee on Banking, 
     Housing, and Urban Affairs' for `the Committee on the 
     Judiciary' each place it appears.

       ``(III) Rules of house of representatives and senate.--This 
     clause is enacted by Congress--

       ``(aa) 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
       ``(bb) 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.
       ``(3) Review of license applications.--
       ``(A) In general.--The Secretary shall, consistent with the 
     provisions of section 1756 and in coordination with the heads 
     of the appropriate Federal agencies--
       ``(i) review applications for a license or other 
     authorization for the export or reexport to, or in-country 
     transfer in, a restricted country of covered personal data in 
     a manner that exceeds the applicable threshold established 
     under subsection (a)(3); and
       ``(ii) establish procedures for conducting the review of 
     such applications.
       ``(B) Disclosures relating to collaborative arrangements.--
     In the case of an application for a license or other 
     authorization for an export, reexport, or in-country transfer 
     described in subparagraph (A)(i) submitted by or on behalf of 
     a joint venture, joint development agreement, or similar 
     collaborative arrangement, the Secretary may require the 
     applicant to identify, in addition to any foreign person 
     participating in the arrangement, any foreign person with 
     significant ownership interest in a foreign person 
     participating in the arrangement.
       ``(4) Exceptions.--
       ``(A) In general.--The Secretary shall not impose under 
     paragraph (1) a requirement for a license or other 
     authorization with respect to the export, reexport, or in-
     country transfer of covered personal data pursuant to any of 
     the following transactions:
       ``(i) The export, reexport, or in-country transfer by an 
     individual of covered personal data that specifically 
     pertains to that individual.
       ``(ii) The export, reexport, or in-country transfer of the 
     personal data of one or more individuals by a person 
     performing a service for those individuals if the service 
     could not possibly be performed (as defined by the Secretary 
     in regulations) without the export, reexport, or in-country 
     transfer of that personal data.
       ``(iii) The export, reexport, or in-country transfer of 
     personal data that is encrypted if--

       ``(I) the encryption key or other information necessary to 
     decrypt the data is not, at the time of the export, reexport, 
     or in-country transfer of the personal data or any other 
     time, exported, reexported, or transferred to a restricted 
     country or (except as provided in subparagraph (B)) a 
     national of a restricted country; and
       ``(II) the encryption technology used to protect the data 
     against decryption is certified by the National Institute of 
     Standards and Technology as capable of protecting data for 
     the period of time determined under subsection (a)(4) to be 
     sufficient to prevent the exploitation of the data by a 
     foreign government or foreign adversary from harming the 
     national security of the United States.

       ``(iv) The export, reexport, or in-country transfer of 
     personal data that is ordered by an appropriate court of the 
     United States.
       ``(B) Exception for certain nationals of restricted 
     countries.--Subparagraph (A)(iii)(I) does not apply with 
     respect to an individual who is a national of a restricted 
     country if the individual is also a citizen of the United 
     States or a noncitizen described in subsection (l)(5)(C).
       ``(c) Requirements for Identification of Categories and 
     Determination of Appropriate Controls.--In identifying 
     categories of personal data under subsection (a)(1) and 
     imposing appropriate controls under subsection (b), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, as appropriate--
       ``(1) may not regulate or restrict the publication or 
     sharing of--
       ``(A) personal data that is a matter of public record, such 
     as a court record or other government record that is 
     generally available to the public, including information 
     about an individual made public by that individual or by the 
     news media;
       ``(B) information about a matter of public interest; or
       ``(C) any other information the publication or sharing of 
     which is protected by the First Amendment to the Constitution 
     of the United States; and
       ``(2) shall consult with the appropriate congressional 
     committees.
       ``(d) Penalties.--
       ``(1) Liable persons.--
       ``(A) In general.--In addition to any person that commits 
     an unlawful act described in subsection (a) of section 1760, 
     an officer or employee of an organization has committed an 
     unlawful act subject to penalties under that section if the 
     officer or employee knew or should have known that another 
     employee of the organization who reports, directly or 
     indirectly, to the officer or employee was directed to 
     export, reexport, or in-country transfer covered personal 
     data in violation of this section and subsequently did 
     export, reexport, or in-country transfer such data.
       ``(B) Exceptions and clarifications.--
       ``(i) Intermediaries not liable.--An intermediate consignee 
     (as defined in section 772.1 of the Export Administration 
     Regulations (or any successor regulation)) or other 
     intermediary is not liable for the export, reexport, or in-
     country transfer of covered personal data in violation of 
     this section when acting as an intermediate consignee or 
     other intermediary for another person.
       ``(ii) Special rule for certain applications.--In a case in 
     which an application installed on an electronic device 
     transmits or causes the transmission of covered personal data 
     without being directed to do so by the owner or user of the 
     device who installed the application, the developer of the 
     application, and not the owner or user of the device, is 
     liable for any violation of this section.
       ``(2) Criminal penalties.--In determining an appropriate 
     term of imprisonment under section 1760(b)(2) with respect to 
     a person for a violation of this section, the court shall 
     consider--
       ``(A) how many covered individuals had their covered 
     personal data exported, reexported, or in-country transferred 
     in violation of this section;
       ``(B) any harm that resulted from the violation; and
       ``(C) the intent of the person in committing the violation.
       ``(e) Report to Congress.--
       ``(1) In general.--Not less frequently than annually, the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall submit to the appropriate 
     congressional committees a report on the results of actions 
     taken pursuant to this section.
       ``(2) Inclusions.--Each report required by paragraph (1) 
     shall include a description of the determinations made under 
     subsection (b)(2)(A)(ii) during the preceding year.
       ``(3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       ``(f) Disclosure of Certain License Information.--
       ``(1) In general.--Not less frequently than every 90 days, 
     the Secretary shall publish on a publicly accessible website 
     of the Department of Commerce, including in a machine-
     readable format, the information specified in paragraph (2), 
     with respect to each application--
       ``(A) for a license for the export or reexport to, or in-
     country transfer in, a restricted country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3); and
       ``(B) with respect to which the Secretary made a decision 
     in the preceding 90-day period.
       ``(2) Information specified.--The information specified in 
     this paragraph with respect to an application described in 
     paragraph (1) is the following:
       ``(A) The name of the applicant.
       ``(B) The date of the application.
       ``(C) The name of the foreign party to which the applicant 
     sought to export, reexport, or transfer the data.
       ``(D) The categories of covered personal data the applicant 
     sought to export, reexport, or transfer.
       ``(E) The number of covered individuals whose information 
     the applicant sought to export, reexport, or transfer.
       ``(F) Whether the application was approved or denied.
       ``(g) News Media Protections.--A person that is engaged in 
     journalism is not subject to restrictions imposed under this 
     section to the extent that those restrictions directly 
     infringe on the journalism practices of that person.
       ``(h) Citizenship Determinations by Persons Providing 
     Services to End-users Not Required.--This section does not 
     require a person that provides products or services to an 
     individual to determine the citizenship or immigration status 
     of the individual, but once the person becomes aware that the 
     individual is a covered individual, the person

[[Page S2693]]

     shall treat covered personal data of that individual as is 
     required by this section.
       ``(i) Fees.--
       ``(1) In general.--Notwithstanding section 1756(c), the 
     Secretary may, to the extent provided in advance in 
     appropriations Acts, assess and collect a fee, in an amount 
     determined by the Secretary in regulations, with respect to 
     each application for a license submitted under subsection 
     (b).
       ``(2) Deposit and availability of fees.--Notwithstanding 
     section 3302 of title 31, United States Code, fees collected 
     under paragraph (1) shall--
       ``(A) be credited as offsetting collections to the account 
     providing appropriations for activities carried out under 
     this section;
       ``(B) be available, to the extent and in the amounts 
     provided in advance in appropriations Acts, to the Secretary 
     solely for use in carrying out activities under this section; 
     and
       ``(C) remain available until expended.
       ``(j) Regulations.--The Secretary may prescribe such 
     regulations as are necessary to carry out this section.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary and to the 
     head of each of the appropriate Federal agencies 
     participating in carrying out this section such sums as may 
     be necessary to carry out this section, including to hire 
     additional employees with expertise in privacy.
       ``(l) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on Finance, 
     and the Select Committee on Intelligence of the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     Ways and Means, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Appropriate federal agencies.--The term `appropriate 
     Federal agencies' means the following:
       ``(A) The Department of Defense.
       ``(B) The Department of State.
       ``(C) The Department of Justice.
       ``(D) The Department of the Treasury.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Office of Science and Technology Policy.
       ``(G) The Department of Homeland Security.
       ``(H) The Consumer Financial Protection Bureau.
       ``(I) The Federal Trade Commission.
       ``(J) The Federal Communications Commission.
       ``(K) The Department of Health and Human Services.
       ``(L) Such other Federal agencies as the Secretary 
     considers appropriate.
       ``(3) Covered individual.--The term `covered individual', 
     with respect to personal data, means an individual who, at 
     the time the data is acquired--
       ``(A) is located in the United States; or
       ``(B) is--
       ``(i) located outside the United States or whose location 
     cannot be determined; and
       ``(ii) a citizen of the United States or a noncitizen 
     lawfully admitted for permanent residence.
       ``(4) Covered personal data.--The term `covered personal 
     data' means the categories of personal data of covered 
     individuals identified pursuant to subsection (a).
       ``(5) Export.--
       ``(A) In general.--The term `export', with respect to 
     covered personal data, includes--
       ``(i) subject to subparagraph (D), the shipment or 
     transmission of the data out of the United States, including 
     the sending or taking of the data out of the United States, 
     in any manner, if the shipment or transmission is 
     intentional, without regard to whether the shipment or 
     transmission was intended to go out of the United States; or
       ``(ii) the release or transfer of the data to any 
     noncitizen (other than a noncitizen described in subparagraph 
     (C)), if the release or transfer is intentional, without 
     regard to whether the release or transfer was intended to be 
     to a noncitizen.
       ``(B) Exceptions.--The term `export' does not include--
       ``(i) the publication of covered personal data on the 
     internet in a manner that makes the data discoverable by and 
     accessible to any member of the general public; or
       ``(ii) any activity protected by the speech or debate 
     clause of the Constitution of the United States.
       ``(C) Noncitizens described.--A noncitizen described in 
     this subparagraph is a noncitizen who is authorized to be 
     employed in the United States.
       ``(D) Transmissions through restricted countries.--
       ``(i) In general.--On and after the date that is 5 years 
     after the date of the enactment of the Protecting Americans' 
     Data From Foreign Surveillance Act of 2023, and except as 
     provided in clause (iii), the term `export' includes the 
     transmission of data through a restricted country, without 
     regard to whether the person originating the transmission had 
     knowledge of or control over the path of the transmission.
       ``(ii) Exceptions.--Clause (i) does not apply with respect 
     to a transmission of data through a restricted country if--

       ``(I) the data is encrypted as described in subsection 
     (b)(4)(A)(iii); or
       ``(II) the person that originated the transmission received 
     a representation from the party delivering the data for the 
     person stating that the data will not transit through a 
     restricted country.

       ``(iii) False representations.--If a party delivering 
     covered personal data as described in clause (ii)(II) 
     transmits the data directly or indirectly through a 
     restricted country despite making the representation 
     described in clause (ii)(II), that party shall be liable for 
     violating this section.
       ``(6) 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))).
       ``(7) In-country transfer; reexport.--The terms `in-country 
     transfer' and `reexport', with respect to personal data, 
     shall have the meanings given those terms in regulations 
     prescribed by the Secretary.
       ``(8) Lawfully admitted for permanent residence; 
     national.--The terms `lawfully admitted for permanent 
     residence' and `national' have the meanings given those terms 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
       ``(9) Noncitizen.--The term `noncitizen' means an 
     individual who is not a citizen or national of the United 
     States.
       ``(10) Restricted country.--The term `restricted country' 
     means a country for which a license or other authorization is 
     required under subsection (b) for the export or reexport to, 
     or in-country transfer in, that country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3).''.
       (b) Statement of Policy.--Section 1752 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4811) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) to restrict, notwithstanding section 203(b) of the 
     International Emergency Economic Powers Act (50 U.S.C. 
     1702(b)), the export of personal data of United States 
     citizens and other covered individuals (as defined in section 
     1758A(l)) in a quantity and a manner that could harm the 
     national security of the United States.''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(H) To prevent the exploitation of personal data of 
     United States citizens and other covered individuals (as 
     defined in section 1758A(l)) in a quantity and a manner that 
     could harm the national security of the United States.''.
       (c) Limitation on Authority to Make Exceptions to Licensing 
     Requirements.--Section 1754 of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4813) is amended--
       (1) in subsection (a)(14), by inserting ``and subject to 
     subsection (g)'' after ``as warranted''; and
       (2) by adding at the end the following:
       ``(g) Limitation on Authority to Make Exceptions to 
     Licensing Requirements.--The Secretary may create under 
     subsection (a)(14) exceptions to licensing requirements under 
     section 1758A only for the export, reexport, or in-country 
     transfer of covered personal data (as defined in subsection 
     (l) of that section) by or for a Federal department or 
     agency.''.
       (d) Relationship to International Emergency Economic Powers 
     Act.--Section 1754(b) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(b)) is amended by inserting ``(other 
     than section 1758A)'' after ``this part''.

     SEC. 1804. SEVERABILITY.

       If any provision of or any amendment made by this title, or 
     the application of any such provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of the provisions of and amendments made by this 
     title, and the application of such provisions and amendments 
     to any other person or circumstance, shall not be affected.
                                 ______
                                 
  SA 562. Mr. WYDEN 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. __. ADJUDICATION OF ELIGIBILITY FOR ACCESS TO CLASSIFIED 
                   INFORMATION AND PRIOR USE OF CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given such term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (3) Initiation of a national security vetting process.--The 
     term ``initiation of a national security vetting process'' 
     means the process that commences once an individual

[[Page S2694]]

     signs the certification contained in the Standard Form 86 
     (SF-86), Questionnaire for National Security Positions, or 
     successor form.
       (b) Adjudications.--Recreational use of cannabis by an 
     individual that occurs before the initiation of a national 
     security vetting process by the individual may be relevant, 
     but not determinative, to adjudications of the eligibility of 
     the individual for access to classified information or the 
     eligibility of the individual to hold a sensitive position.
                                 ______
                                 
  SA 563. Mr. WYDEN (for himself, Mr. Cassidy, and Ms. Lummis) 
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 XVI, insert the 
     following:

     SEC. 16__. IMPROVEMENTS RELATING TO CYBER PROTECTION SUPPORT 
                   FOR DEPARTMENT OF DEFENSE PERSONNEL IN 
                   POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.

       Section 1645 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is 
     amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Authority'' 
     and inserting ``Requirement'';
       (B) in paragraph (1)--
       (i) by striking ``may'' and inserting ``shall'';
       (ii) by inserting ``and personal accounts'' after 
     ``personal technology devices''; and
       (iii) by inserting ``and shall provide such support to any 
     such personnel who request the support'' after ``in paragraph 
     (2)''; and
       (C) in paragraph (2)(B), by inserting ``or personal 
     accounts'' after ``personal technology devices'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``or personal accounts'' 
     after ``personal technology devices''; and
       (B) in paragraph (2), by striking ``and networks'' and 
     inserting ``, personal networks, and personal accounts''; and
       (3) by striking subsections (d) and (e) and inserting the 
     following new subsection (d):
       ``(d) Definitions.--In this section:
       ``(1) The term `personal accounts' means accounts for 
     online and telecommunications services, including telephone, 
     residential internet access, email, text and multimedia 
     messaging, cloud computing, social media, health care, and 
     financial services, used by Department of Defense personnel 
     outside of the scope of their employment with the Department.
       ``(2) The term `personal technology devices ' means 
     technology devices used by Department of Defense personnel 
     outside of the scope of their employment with the Department 
     and includes networks to which such devices connect.''.

     SEC. 16__. COMPTROLLER GENERAL REPORT ON EFFORTS TO PROTECT 
                   PERSONAL INFORMATION OF DEPARTMENT OF DEFENSE 
                   PERSONNEL FROM EXPLOITATION BY FOREIGN 
                   ADVERSARIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall brief the appropriate congressional 
     committees on Department of Defense efforts to protect 
     personal information of its personnel from exploitation by 
     foreign adversaries.
       (b) Elements.--The briefing required under subsection (a) 
     shall include any observations on the following elements:
       (1) An assessment of efforts by the Department of Defense 
     to protect the personal information, including location data 
     generated by smart phones, of members of the Armed Forces, 
     civilian employees of the Department of Defense, veterans, 
     and their families from exploitation by foreign adversaries.
       (2) Recommendations to improve Department of Defense 
     policies and programs to meaningfully address this threat.
       (c) Report.--The Comptroller General shall publish on its 
     website an unclassified report, which may contain a 
     classified annex submitted to the congressional defense and 
     intelligence committees, on the elements described in 
     subsection (b) at a time mutually agreed upon.
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the congressional defense committees;
       (2) the Select Committee on Intelligence of the Senate; and
       (3) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
                                 ______
                                 
  SA 564. Mr. WYDEN 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 B of title II, insert 
     the following:

     SEC. 2___. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON 
                   EMERGING TECHNOLOGY AND NATIONAL SECURITY.

       Section 236 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) by redesignating subsection (e) and (f) as subsections 
     (f) and (g), respectively;
       (3) by inserting after subsection (d) the following:
       ``(e) Report on Comparative Capabilities of Adversaries 
     With Respect to Lethal Autonomous Weapon Systems.--
       ``(1) In general.--Not later than December 31, 2024, and 
     annually thereafter, the Steering Committee shall submit the 
     appropriate congressional committees a report comparing the 
     capabilities of the United States with the capabilities of 
     adversaries of the United States with respect to weapon 
     systems described in paragraph (3).
       ``(2) Elements.--The report required by paragraph (1) shall 
     include--
       ``(A) for each weapon system described in subsection (c)--
       ``(i) an evaluation of spending by the United States and 
     adversaries on such weapon system;
       ``(ii) an evaluation of the test infrastructure and 
     workforce supporting such weapon system; and
       ``(iii) an evaluation of the quantity of such weapon system 
     under development, developed, or deployed;
       ``(B) an assessment of the technological progress of the 
     United States and adversaries on lethal fully automated 
     weapon systems technology;
       ``(C) a description of the timeline for operational 
     deployment of such technology by the United States and 
     adversaries;
       ``(D) an assessment, conducted in coordination with the 
     Director of National Intelligence, of the intent or 
     willingness of adversaries to use such technology; and
       ``(E) the approval process of the United States for the 
     development and deployment of lethal automated weapon 
     systems.
       ``(3) Weapon systems described.--The weapon systems 
     described in this subsection are the following:
       ``(A) Weapon systems with lethal, offensive capabilities 
     that are fully-automated or have the potential to become 
     fully-automated.
       ``(B) Weapon systems with targeting assist capabilities.
       ``(C) Automated systems with intelligence, surveillance, 
     and reconnaissance capabilities.
       ``(4) Form.--The report required by paragraph (1) shall be 
     submitted in classified form.
       ``(5) Appropriate congressional committees defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''; and
       (4) in subsection (f), as redesignated by paragraph (2)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following:
       ``(2) Fully automated; potential to become fully 
     automated.--
       ``(A) Fully automated.--The term `fully automated', with 
     respect to a weapon system, means that the weapon system, 
     once activated, can select and engage targets without further 
     intervention by an operator, as defined in Department of 
     Defense Directive 3000.09; or
       ``(B) Potential to become fully automated.--The term 
     `potential to become fully automated', with respect to a 
     weapon system, means that the weapon system has the potential 
     to be deployed in a manner that would qualify as an 
     autonomous weapon system under Department of Defense 
     Directive 3000.09.''.
                                 ______
                                 
  SA 565. Mr. WYDEN 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 B of title XV, insert 
     the following:

     SEC. 15___. ASSESSMENT OF QUALITY OF DATA USED TO TRAIN 
                   ALGORITHMS FOR TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2024, the 
     Secretary of Defense shall complete a comprehensive 
     assessment of the quality of data and potential for racial 
     bias of data labeling used to train algorithms for target 
     identification and sensor processing and decision-making 
     support.
       (b) Contents.--The assessment required by subsection (a) 
     shall include an assessment of data used to train--
       (1) target identification algorithms for Project Maven;
       (2) intelligence, surveillance, and reconnaissance systems;

[[Page S2695]]

       (3) weapon systems that have lethal, offensive strike 
     capabilities that are autonomous or planned to become 
     autonomous; and
       (4) weapon systems subject to senior review under 
     Department of Defense Directive 3000.09; and
       (c) Briefing.--Not later than February 1, 2025, the 
     Secretary shall brief the appropriate congressional 
     committees on the completed assessment required by subsection 
     (a) and recommendations how to improve the quality of the 
     assessed data.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Autonomous; planned to become autonomous.--
       (A) Autonomous.--The term ``autonomous'', with respect to a 
     weapon system, means that the weapon system, once activated, 
     can select and engage targets without further intervention by 
     an operator, as defined in Department of Defense Directive 
     3000.09; or
       (B) Planned to become autonomous.--The term ``planned to 
     become autonomous'', with respect to a weapon system, means 
     that the weapon system has the potential to be deployed in a 
     manner that would qualify as an autonomous weapon system 
     under Department of Defense Directive 3000.09.
       (3) Quality of data.--The term ``quality of data'' 
     includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 566. Mr. WYDEN 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 B of title XV, insert 
     the following:

     SEC. 15___. FRAMEWORK FOR CONSISTENT DATA MANAGEMENT FOR 
                   ARTIFICIAL INTELLIGENCE TARGET IDENTIFICATION.

       (a) In General.--Not later than December 31, 2024, the 
     Secretary of Defense shall develop and implement a framework 
     for artificial intelligence and machine learning for 
     intelligence, surveillance, reconnaissance, defense, and 
     offensive purposes throughout the Department of Defense.
       (b) Contents.--The framework required by subsection (a) 
     shall include--
       (1) criteria for data reviewers to ensure data quality--
       (A) suitability for training artificial intelligence; and
       (B) such additional criteria as the Secretary determines 
     necessary;
       (2) a consistent development process and labeling 
     procedures that adhere to the ethical principals for the use 
     of artificial intelligence adopted by the Department, 
     including the principles of responsibility, equitability, 
     traceability, reliability, and governability; and
       (3) processes for data input, evaluation, review, feedback, 
     update, and oversight.
       (c) Briefing.--Not later than February 1, 2025, the 
     Secretary shall brief the appropriate congressional 
     committees on the status of the development and 
     implementation of the framework.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Data quality.--The term ``data quality'' includes--
       (A) the accuracy of data labeling;
       (B) the condition of the data;
       (C) the accuracy of data indexing;
       (D) the suitability of the data for the intended task; and
       (E) the freedom of the data from unintended bias.
                                 ______
                                 
  SA 567. Mr. WYDEN 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. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2018. Use of human-based methods for certain medical 
       training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2024, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2026, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1 of each 
     year, the Secretary shall submit to the congressional defense 
     committees a report on the development and implementation of 
     human-based training methods for the purpose of training 
     members of the armed forces in the treatment of combat trauma 
     injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2026, shall include a description of any exemption under 
     subsection (b) that is in force at the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2018. Use of human-based methods for certain medical training.''.
                                 ______
                                 
  SA 568. Mr. WYDEN 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 V, add the following:

     SEC. 538. REPEAL OF MILITARY SELECTIVE SERVICE ACT.

       (a) Repeal.--The Military Selective Service Act (50 U.S.C. 
     3801 et seq.) is repealed.
       (b) Transfers in Connection With Repeal.--Notwithstanding 
     the proviso in section 10(a)(4) of the Military Selective 
     Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective 
     Service Records shall not be reestablished upon the repeal of 
     the Act. Not later than 180 days after the date of the 
     enactment of this Act, the assets, contracts, property, and 
     records held by the Selective Service System, and the 
     unexpended balances of any appropriations available to the 
     Selective Service System, shall be transferred to the 
     Administrator of General Services upon the repeal of the Act. 
     The Director of the Office of Personnel Management shall 
     assist officers and employees of the Selective Service System 
     to transfer to other positions in the executive branch.
       (c) Effect on Existing Sanctions.--
       (1) Notwithstanding any other provision of law, a person 
     may not be denied a right, privilege, benefit, or employment 
     position under Federal law on the grounds that the person 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a).
       (2) A State, political subdivision of a State, or political 
     authority of two or more States may not enact or enforce a 
     law, regulation,

[[Page S2696]]

     or other provision having the force and effect of law to 
     penalize or deny any privilege or benefit to a person who 
     failed to present himself for and submit to registration 
     under section 3 of the Military Selective Service Act (50 
     U.S.C. 3802), before the repeal of that Act by subsection 
     (a). In this section, ``State'' means a State, the District 
     of Columbia, and a territory or possession of the United 
     States.
       (3) Failing to present oneself for and submit to 
     registration under section 3 of the Military Selective 
     Service Act (50 U.S.C. 3802), before the repeal of that Act 
     by subsection (a), shall not be reason for any entity of the 
     United States Government to determine that a person lacks 
     good moral character or is unsuited for any privilege or 
     benefit.
       (d) Conscientious Objectors.--Nothing contained in this 
     section shall be construed to undermine or diminish the 
     rights of conscientious objectors under laws and regulations 
     of the United States.
                                 ______
                                 
  SA 569. 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 F of title X, add the following:

     SEC. 1063. REPORT ON FOOD PURCHASING BY THE DEPARTMENT OF 
                   DEFENSE.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives and make publicly available on the website of 
     the Department of Defense a report on the following for each 
     of fiscal years 2018, 2019, 2020, 2021, and 2022:
       (1) The total dollar amount spent by the Department of 
     Defense on food service operations worldwide for all 
     personnel, contractors, and families, including all food 
     service provided at or through--
       (A) all facilities, such as combat operations, military 
     posts, medical facilities;
       (B) all vessels (air, land, and sea);
       (C) all entertainment and hosting operations such as 
     officers' clubs and other such facilities; and
       (D) all food programs provided to other Federal agencies, 
     such as the Fresh Fruit and Vegetable Program of the 
     Department of Agriculture and the Department of Defense.
       (2) The total dollar amount spent by the Department for 
     each category described in paragraph (1).
       (3) The dollar amount spend by the Department for each of--
       (A) the 25 largest food service contractors or operators; 
     and
       (B) the top 10 categories of food, such as meat and 
     poultry, seafood, eggs, dairy product, produce (fruits, 
     vegetables, and nuts), grains and legumes, and processed and 
     packaged foods.
       (4) The percentage of all food purchased by the Department 
     that was a product of the United States, pursuant to section 
     4862 of title 10, United States Code.
       (5) The dollar amount of third-party certified and verified 
     foods (such as USDA Organic, Equitable Food Initiative, Fair 
     Trade Certified, and other categories determined to be 
     appropriate by the Secretary) purchased by the Department.
       (6) The dollar amount of contracts for food service, food, 
     or food products entered into by the Department with woman-, 
     minority-, and veteran-owned businesses.
                                 ______
                                 
  SA 570. Mr. REED (for himself, Mr. Moran, Mr. Rounds, and Mr. Hoeven) 
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. ADJUSTMENT OF THRESHOLD AMOUNT FOR MINOR MEDICAL 
                   FACILITY PROJECTS OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Short Title.--This section may be cited as the 
     ``Department of Veterans Affairs Minor Construction Threshold 
     Adjustment Act of 2023''.
       (b) Adjustment of Threshold Amount.--Section 8104(a) of 
     title 38, United States Code, is amended--
       (1) in paragraph (3)(A), by striking ``$20,000,000'' each 
     place it appears and inserting ``the amount specified in 
     paragraph (4)''; and
       (2) by adding at the end the following new paragraph:
       ``(4)(A) The amount specified in this paragraph is 
     $30,000,000, as adjusted pursuant to this paragraph.
       ``(B)(i) The Secretary shall develop, through regulations, 
     a mechanism to adjust the amount under subparagraph (A) to 
     account for relevant factors relating to construction, cost 
     of land, real estate, economic conditions, labor conditions, 
     inflation, and other relevant factors the Secretary considers 
     necessary to ensure such amount keeps pace with all economic 
     conditions that impact the price of construction projects, to 
     include planning, management, and delivery of the project.
       ``(ii) In developing the mechanism under clause (i), the 
     Secretary may--
       ``(I) use a mechanism or index already relied upon by the 
     Department for other relevant programs, a mechanism or index 
     used by another Federal agency, or a commercial mechanism or 
     index if such mechanism or index satisfactorily addresses the 
     intent of this subparagraph; or
       ``(II) create a new mechanism or index if the Secretary 
     considers it appropriate and necessary to do so.
       ``(C)(i) Not less frequently than once every two years, the 
     Secretary shall--
       ``(I) adjust the amount under subparagraph (A); or
       ``(II) publish a notice in the Federal Register indicating 
     that no adjustment is warranted.
       ``(ii) Not later than 30 days before adjusting an amount 
     pursuant to clause (i)(I) or publishing a notice pursuant to 
     clause (i)(II), the Secretary shall notify the Committee on 
     Veterans' Affairs and the Committee on Appropriations of the 
     Senate and the Committee on Veterans' Affairs and the 
     Committee on Appropriations of the House of Representatives.
       ``(D) The Secretary shall determine a logical schedule for 
     adjustments under this paragraph to take effect so that the 
     amounts for and types of construction projects requested by 
     the Department in the budget of the President under section 
     1105(a) of title 31 are consistent with the threshold for 
     construction projects as so adjusted.''.
                                 ______
                                 
  SA 571. Mr. REED (for himself and 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 end of title X, add the following:

                   Subtitle H--Unity Through Service

     SEC. 1091. INTERAGENCY COUNCIL ON SERVICE.

       (a) Establishment.--
       (1) In general.--There is established an Interagency 
     Council on Service (in this section referred to as the 
     ``Council'').
       (2) Functions.--The Council shall--
       (A) advise the President with respect to promoting, 
     strengthening, and expanding opportunities for military 
     service, national service, and public service for all people 
     of the United States; and
       (B) review, assess, and coordinate holistic recruitment 
     strategies and initiatives of the executive branch to foster 
     an increased sense of service and civic responsibility among 
     all people of the United States and to explore ways of 
     enhancing connectivity of interested applicants to national 
     service programs and opportunities.
       (b) Composition.--
       (1) Membership.--The Council shall be composed of such 
     officers and employees of the Federal Government as the 
     President may designate, including not less than 1 such 
     officer or employee the appointment of whom as such officer 
     or employee was made by the President by and with the advice 
     and consent of the Senate.
       (2) Chair.--The President shall annually designate to serve 
     as the Chair of the Council a member of the Council under 
     paragraph (1), the appointment of whom as an officer or 
     employee of the Federal Government was made by the President 
     by and with the advice and consent of the Senate.
       (3) Meetings.--The Council shall meet on a quarterly basis 
     or more frequently as the Chair of the Council may direct.
       (c) Responsibilities of the Council.--The Council shall--
       (1) assist and advise the President in the establishment of 
     strategies, goals, objectives, and priorities to promote 
     service and civic responsibility among all people of the 
     United States;
       (2) develop and recommend to the President common 
     recruitment strategies and outreach opportunities for 
     increasing the participation, and propensity of people of the 
     United States to participate, in military service, national 
     service, and public service in order to address national 
     security and domestic investment;
       (3) serve as a forum for Federal officials responsible for 
     military service, national service, and public service 
     programs to, as feasible and practicable--
       (A) coordinate and share best practices for service 
     recruitment; and
       (B) develop common interagency, cross-service initiatives 
     and pilots for service recruitment;
       (4) lead a strategic, interagency coordinated effort on 
     behalf of the Federal Government to develop joint awareness 
     and recruitment, retention, and marketing initiatives 
     involving military service, national service, and public 
     service, including the sharing of marketing and recruiting 
     research between and among Council members;
       (5) consider approaches for assessing impacts of service on 
     the needs of the United

[[Page S2697]]

     States and individuals participating in and benefitting from 
     such service;
       (6) consult, as the Council considers advisable, with 
     representatives of non-Federal entities, including State, 
     local, and Tribal governments, State and local educational 
     agencies, State Service Commissions, institutions of higher 
     education, nonprofit organizations, philanthropic 
     organizations, and the private sector, in order to promote 
     and develop initiatives to foster and reward military 
     service, national service, and public service;
       (7) not later than 2 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Service Strategy, which shall 
     set forth--
       (A) a review of programs and initiatives of the Federal 
     Government relating to the mandate of the Council;
       (B) a review of Federal Government online content relating 
     to the mandate of the Council, including user experience with 
     such content;
       (C) current and foreseeable trends for service to address 
     the needs of the United States;
       (D) recommended service recruitment strategies and branding 
     opportunities to address outreach and communication 
     deficiencies identified by the Council; and
       (E) to the extent practical, a joint service messaging 
     strategy for military service, national service, and public 
     service;
       (8) identify any notable initiatives by State, local, and 
     Tribal governments and by public and nongovernmental entities 
     to increase awareness of and participation in national 
     service programs; and
       (9) perform such other functions as the President may 
     direct.

     SEC. 1092. JOINT MARKET RESEARCH TO ADVANCE MILITARY AND 
                   NATIONAL SERVICE.

       (a) Program Authorized.--The Secretary of Defense, the 
     Chief Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps may 
     carry out a joint market research, market studies, 
     recruiting, and advertising program to complement the 
     existing programs of the military departments, the national 
     service programs administered by the Corporation, and the 
     Peace Corps.
       (b) Information Sharing Permitted.--Section 503 of title 
     10, United States Code, shall not be construed to prohibit 
     sharing of information among, or joint marketing efforts of, 
     the Department of Defense, the Corporation for National and 
     Community Service, and the Peace Corps to carry out this 
     section.

     SEC. 1093. TRANSITION OPPORTUNITIES FOR MILITARY 
                   SERVICEMEMBERS AND NATIONAL SERVICE 
                   PARTICIPANTS.

       (a) Employment Assistance.--Section 1143(c)(1) of title 10, 
     United States Code, is amended by inserting ``the Corporation 
     for National and Community Service,'' after ``State 
     employment agencies,''.
       (b) Employment Assistance, Job Training Assistance, and 
     Other Transitional Services: Department of Labor.--Section 
     1144 of title 10, United States Code, is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(11) Provide information on public service opportunities, 
     training on public service job recruiting, and the advantages 
     of careers with the Federal Government.''; and
       (2) in subsection (f)(1)(D)--
       (A) by redesignating clause (v) as clause (vi); and
       (B) by inserting after clause (iv) the following new 
     clause:
       ``(v) National and community service, taught in conjunction 
     with the Chief Executive Officer of the Corporation for 
     National and Community Service.''.
       (c) Authorities and Duties of the Chief Executive 
     Officer.--Section 193A(b) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12651d(b)) is amended--
       (1) in paragraph (24), by striking ``and'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(26) ensure that individuals completing a partial or full 
     term of service in a program under subtitle C or E or part A 
     of title I of the Domestic Volunteer Service Act of 1973 (42 
     U.S.C. 4951 et seq.) receive information about military and 
     public service opportunities for which they may qualify or in 
     which they may be interested.''.

     SEC. 1094. JOINT REPORT TO CONGRESS ON INITIATIVES TO 
                   INTEGRATE MILITARY AND NATIONAL SERVICE.

       (a) Reporting Requirement.--Not later than 4 years after 
     the date of enactment of this Act and quadrennially 
     thereafter, the Chair of the Interagency Council on Service, 
     in coordination with the Secretary of Defense, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service, and the Director of the Peace Corps, shall 
     submit to Congress a joint report on cross-service marketing, 
     research, and promotion, including recommendations for 
     increasing joint advertising and recruitment initiatives for 
     the Armed Forces, programs administered by the Corporation 
     for National and Community Service, and the Peace Corps.
       (b) Contents of Report.--Each report under subsection (a) 
     shall include the following:
       (1) The number of Peace Corps volunteers and participants 
     in national service programs administered by the Corporation 
     for National and Community Service, who previously served as 
     a member of the Armed Forces.
       (2) The number of members of the Armed Forces who 
     previously served in the Peace Corps or in a program 
     administered by the Corporation for National and Community 
     Service.
       (3) An assessment of existing (as of the date of the report 
     submission) joint recruitment and advertising initiatives 
     undertaken by the Department of Defense, the Peace Corps, or 
     the Corporation for National and Community Service.
       (4) An assessment of the feasibility and cost of expanding 
     such existing initiatives.
       (5) An assessment of ways to improve the ability of the 
     reporting agencies to recruit individuals from the other 
     reporting agencies.
       (c) Consultation.--The Chair of the Interagency Council on 
     Service, the Secretary of Defense, the Chief Executive 
     Officer of the Corporation for National and Community 
     Service, and the Director of the Peace Corps shall undertake 
     studies of recruiting efforts that are necessary to carry out 
     the provisions of this section. Such studies may be conducted 
     using any funds appropriated to those entities under Federal 
     law other than this subtitle.

     SEC. 1095. DEFINITIONS.

       In this subtitle:
       (1) Interagency council on service.--The term ``Interagency 
     Council on Service'' means the Interagency Council on Service 
     established under section 1091.
       (2) Military department.--The term ``military department'' 
     means each of the military departments listed in section 102 
     of title 5, United States Code.
       (3) Military service.--The term ``military service'' means 
     active service (as defined in subsection (d)(3) of section 
     101 of title 10, United States Code) or active status (as 
     defined in subsection (d)(4) of such section) in one of the 
     Armed Forces (as defined in subsection (a)(4) of such 
     section).
       (4) National service.--The term ``national service'' means 
     participation, other than military service or public service, 
     in a program that--
       (A) is designed to enhance the common good and meet the 
     needs of communities, the States, or the United States;
       (B) is funded or facilitated by--
       (i) an institution of higher education as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       (ii) the Federal Government or a State, Tribal, or local 
     government; and
       (C) is a program authorized in--
       (i) the Peace Corps Act (22 U.S.C. 2501 et seq.);
       (ii) section 171 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3226) relating to the YouthBuild 
     Program;
       (iii) the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4950 et seq.); or
       (iv) the National and Community Service Act of 1990 (42 
     U.S.C. 12501 et seq.).
       (5) Public service.--The term ``public service'' means 
     civilian employment in the Federal Government or a State, 
     Tribal, or local government.
       (6) Service.--The term ``service'' means a personal 
     commitment of time, energy, and talent to a mission that 
     contributes to the public good by protecting the Nation and 
     the citizens of the United States, strengthening communities, 
     States, or the United States, or promoting the general social 
     welfare.
       (7) State service commission.--The term ``State Service 
     Commission'' means a State Commission on National and 
     Community Service maintained by a State pursuant to section 
     178 of the National and Community Service Act of 1990 (42 
     U.S.C. 12638).
                                 ______
                                 
  SA 572. Mr. KING (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 of subtitle E of title III, add the following:

     SEC. 345. BRIEFING ON ARCTIC WATCHTOWER RESEARCH.

       (a) Sense of Senate.--It is the sense of the Senate that--
       (1) confronting and adapting to rapidly evolving challenges 
     in the Arctic region, including coastal resilience, would 
     benefit from increased place-based, forward operating 
     research capacity;
       (2) establishing strategically located watchtower field 
     research centers to conduct on-the-ground research in Arctic 
     gateways could improve the reliability and breadth of 
     monitoring data to inform decision making of the Department 
     of Defense, such as when defense operations impact mammalian 
     habitat;
       (3) locally-based, forward operating research benefits from 
     robust partnerships with regional and local universities, 
     Tribal communities, and international communities; and
       (4) the Secretary of Defense should consider a role for 
     watchtower research efforts in the Arctic region as part of 
     the execution of the Arctic strategy of the Department.
       (b) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the

[[Page S2698]]

     Secretary of Defense shall provide to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     briefing on the potential and return on investment for 
     watchtower field research centers in the Arctic region.
                                 ______
                                 
  SA 573. 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:

        The table in section 2602 is amended by adding at the end 
     the following new row:

 
 
------------------------------------------------------------------------
Georgia........................  Marine Corps Logistics      $40,000,000
                                  Base Albany..........
------------------------------------------------------------------------

                                 ______
                                 
  SA 574. Mr. WARNOCK (for himself and Mr. Cornyn) 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. DESIGNATION OF NATIONAL MUSEUM OF THE MIGHTY 
                   EIGHTH AIR FORCE.

       (a) Designation.--The National Museum of the Mighty Eighth 
     Air Force located at 175 Bourne Avenue, Pooler, Georgia (or 
     any successor location), is designated as the official 
     National Museum of the Mighty Eighth Air Force of the United 
     States (referred to in this section as the ``National 
     Museum'').
       (b) Relation to National Park System.--The National Museum 
     shall not be included as a unit of the National Park System.
       (c) Rule of Construction.--This section shall not be 
     construed to appropriate, or authorize the appropriation of, 
     Federal funds for any purpose related to the National Museum.
                                 ______
                                 
  SA 575. Mr. KELLY 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. SEMICONDUCTOR SUPPLY CHAIN.

       (a) Short Title.--This section may be cited as the 
     ``Semiconductor Supply Chain Protection Act of 2023''.
       (b) Definitions.--Section 9901 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4651) is amended by adding at the end the 
     following:
       ``(14) The term `ineligible equipment'--
       ``(A) means completed, fully assembled semiconductor 
     manufacturing equipment manufactured or assembled by a 
     foreign entity of concern or a subsidiary of a foreign entity 
     of concern; and
       ``(B) includes--
       ``(i) deposition equipment;
       ``(ii) etching equipment;
       ``(iii) lithography equipment;
       ``(iv) inspection and measuring equipment;
       ``(v) wafer slicing equipment;
       ``(vi) water dicing equipment;
       ``(vii) wire bonders;
       ``(viii) ion implantation equipment; and
       ``(ix) diffusion/oxidation furnaces.''.
       (c) Ineligible Use of Funds.--Section 9902(a) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (15 U.S.C. 4652(a)) is amended by 
     adding at the end the following:
       ``(7) Ineligible use of funds.--
       ``(A) In general.--Subject to subparagraph (B), a covered 
     entity that receives financial assistance under this section 
     may not use any portion of such financial assistance to 
     purchase ineligible equipment.
       ``(B) Waiver.--The Secretary may waive the requirement 
     under subparagraph (A) if--
       ``(i) the ineligible equipment to be purchased by the 
     applicable covered entity is not produced in the United 
     States in sufficient and reasonably available quantities or 
     of a satisfactory quality to support established production 
     capabilities; or
       ``(ii) the Secretary, in consultation with the Director of 
     the National Security Agency and the Secretary of Defense, 
     determines that the purchase of ineligible equipment by the 
     applicable covered entity is in the national security 
     interest of the United States.''.
                                 ______
                                 
  SA 576. Mr. KELLY (for himself, Mr. Hagerty, Mr. Brown, Mr. Young, 
Ms. Sinema, Mr. Heinrich, and 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, insert the following:

     SEC. ___. BUILDING CHIPS IN AMERICA.

       Section 9909 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4659) is amended by adding at the end the following:
       ``(c) Authority Relating to Environmental Review.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, none of the following shall be considered to be a major 
     Federal action under NEPA or an undertaking for the purposes 
     of division A of subtitle III of title 54, United States 
     Code:
       ``(A) The provision by the Secretary of any Federal 
     financial assistance for a project described in section 9902, 
     if--
       ``(i) the covered activity described in the application for 
     that project has commenced before the date on which the 
     Secretary provides that assistance;
       ``(ii) the facility that is the subject of the project is 
     on or adjacent to a site--

       ``(I) that is owned or leased by the covered entity to 
     which Federal financial assistance is provided for that 
     project; and
       ``(II) on which substantially similar construction, 
     expansion, or modernization has been carried out such that 
     the facility would not more than double existing developed 
     acreage or supporting infrastructure at the facility;

       ``(iii) the Secretary determines, in the sole discretion of 
     the Secretary, that the laws and regulations governing 
     environmental reviews in the State in which the facility that 
     is the subject of the project is or will be located are 
     functionally equivalent to the requirements under NEPA;
       ``(iv) the Federal financial assistance provided is in the 
     form of a loan or loan guarantee; or
       ``(v) the Federal financial assistance provided, excluding 
     any loan or loan guarantee, comprises less than 15 percent of 
     the total estimated cost of the project.
       ``(B) The provision by the Secretary of Defense of any 
     Federal financial assistance relating to--
       ``(i) the creation, expansion, or modernization of one or 
     more facilities described in the second sentence of section 
     9903(a)(1); or
       ``(ii) carrying out section 9903(b).
       ``(C) Any activity relating to carrying out section 9906.
       ``(2) Savings clause.--Nothing in this subsection may be 
     construed as altering whether an activity described in 
     subparagraph (A), (B), or (C) of paragraph (1) is considered 
     to be a major Federal action under NEPA, or an undertaking 
     under division A of subtitle III of title 54, United States 
     Code, for a reason other than that the activity is eligible 
     for funding provided under this title.
       ``(d) Lead Federal Agency and Cooperating Agencies.--
       ``(1) Definition.--In this subsection, the term `lead 
     agency' has the meaning given the term in section 111 of 
     NEPA.
       ``(2) Option to serve as lead agency.--With respect to a 
     covered activity that is a major Federal action under NEPA, 
     the Department of Commerce shall have the first right to 
     serve as the lead agency with respect to that covered 
     activity under NEPA.
       ``(3) Cooperating agency.--The Secretary may designate any 
     Federal, State, Tribal, or local agency as a cooperating 
     agency with respect to a covered activity for which the 
     Department of Commerce serves as the lead agency under 
     paragraph (1), if the applicable agency has--
       ``(A) the jurisdiction to issue an authorization or take 
     action for or relating to that covered activity; or
       ``(B) special expertise with respect to that covered 
     activity.
       ``(4) Environmental documents.--
       ``(A) Single document.--All authorizations relating to a 
     covered activity shall rely on a single environmental 
     document and joint record of decision prepared by the lead 
     agency with respect to that covered activity for the purposes 
     of NEPA.
       ``(B) Inclusion.--An environmental document and joint 
     record of decision described in subparagraph (A) shall--
       ``(i) rely on any comments, analysis, proposals, or 
     documentation developed by cooperating agencies designated 
     under paragraph (3); and
       ``(ii) provide all authorizations necessary for the 
     applicable covered activity as if any cooperating agency 
     designated under paragraph (3) had issued an environmental 
     document and joint record of decision.
       ``(e) Adoption of Categorical Exclusions.--

[[Page S2699]]

       ``(1) Establishment of categorical exclusions.--Each of the 
     following categorical exclusions is established for the 
     National Institute of Standards and Technology and, beginning 
     on the date of enactment of this subsection, is available for 
     use by the Secretary:
       ``(A) Categorical exclusion 17.04.d (relating to the 
     acquisition of machinery and equipment) in the document 
     entitled `EDA Program to Implement the National Environmental 
     Policy Act of 1969 and Other Federal Environmental Mandates 
     As Required' (Directive No. 17.02-2; effective date October 
     14, 1992).
       ``(B) Categorical exclusion A9 in Appendix A to subpart D 
     of part 1021 of title 10, Code of Federal Regulations, or any 
     successor regulation.
       ``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 
     in Appendix B to subpart D of part 1021 of title 10, Code of 
     Federal Regulations, or any successor regulation.
       ``(D) The categorical exclusions described in paragraphs 
     (4) and (13) of section 50.19(b) of title 24, Code of Federal 
     Regulations, or any successor regulation.
       ``(E) Categorical exclusion (c)(1) in Appendix B to part 
     651 of title 32, Code of Federal Regulations, or any 
     successor regulation.
       ``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix 
     B to part 989 of title 32, Code of Federal Regulations, or 
     any successor regulation.
       ``(G) Any other categorical exclusion adopted by another 
     Federal agency that the Secretary determines would accelerate 
     the completion of a covered activity if the categorical 
     exclusion were available to the Secretary.
       ``(2) Subsequent changes.--In any NEPA process that is 
     ongoing (as of the date of enactment of this subsection), or 
     that occurs on or after the date of enactment of this 
     subsection, the Secretary may update, amend, revise, or 
     remove any categorical exclusion established under paragraph 
     (1).
       ``(3) Scope of review.--The application of any categorical 
     exclusion established under paragraph (1), as the categorical 
     exclusion may be updated, amended, or revised under paragraph 
     (2), shall not be subject to evaluation for extraordinary 
     circumstances under section 1501.4(b) of title 40, Code of 
     Federal Regulations, or any successor regulation.
       ``(f) Incorporation of Prior Planning Decisions.--
       ``(1) Definition.--In this subsection, the term `prior 
     studies and decisions' means baseline data, planning 
     documents, studies, analyses, decisions, and documentation 
     that a Federal agency has completed for a project (or that 
     have been completed under the laws and procedures of a State 
     or Indian Tribe), including for determining the reasonable 
     range of alternatives for that project.
       ``(2) Reliance on prior studies and decisions.--In 
     completing an environmental review under NEPA for a covered 
     activity, the Secretary may consider and, as appropriate, 
     rely on or adopt prior studies and decisions, if the 
     Secretary determines that--
       ``(A) those prior studies and decisions meet the standards 
     for an adequate statement, assessment, or determination under 
     applicable procedures of the Department of Commerce 
     implementing the requirements of NEPA;
       ``(B) in the case of prior studies and decisions completed 
     under the laws and procedures of a State or Indian Tribe, 
     those laws and procedures are of equal or greater rigor than 
     those of each applicable Federal law, including NEPA, 
     implementing procedures of the Department of Commerce; or
       ``(C) if applicable, the prior studies and decisions are 
     informed by other analysis or documentation that would have 
     been prepared if the prior studies and decisions were 
     prepared by the Secretary under NEPA.
       ``(g) NEPA Assignment.--
       ``(1) Assumption of responsibility.--
       ``(A) Written agreement.--
       ``(i) In general.--Subject to the other provisions of this 
     section, with the written agreement of the Secretary and a 
     State, which may be in the form of a memorandum of 
     understanding, the Secretary may assign, and the State may 
     assume, the responsibilities of the Secretary with respect to 
     1 or more covered activities within the State under NEPA.
       ``(ii) Requirements.--A written agreement between the 
     Secretary and a State under clause (i) shall--

       ``(I) be executed by the governor of the State;
       ``(II) provide that the State--

       ``(aa) agrees to assume all or part of the responsibilities 
     of the Secretary described in that clause;
       ``(bb) expressly consents, on behalf of the State, to 
     accept the jurisdiction of the courts of the United States 
     with respect to compliance with, the discharge of, and the 
     enforcement of any responsibility of the Secretary assumed by 
     the State;
       ``(cc) certifies that there are laws of the State, 
     including regulations, in effect that--
       ``(AA) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed by the State; 
     and
       ``(BB) are comparable to section 552 of title 5, United 
     States Code, including by providing that any decision 
     regarding the public availability of a document under those 
     laws of the State may be reviewed by a court of competent 
     jurisdiction; and
       ``(dd) agrees to make available the financial resources 
     necessary to carry out the responsibilities being assumed by 
     the State;

       ``(III) require the State to provide to the Secretary any 
     information that the Secretary reasonably considers necessary 
     to ensure that the State is adequately carrying out the 
     responsibilities being assumed by the State; and
       ``(IV) be renewable.

       ``(B) Additional responsibility.--If a State assumes 
     responsibility under subparagraph (A), the Secretary may 
     assign to the State, and the State may assume, all or part of 
     the responsibilities of the Secretary for environmental 
     review, consultation, or other action required under any 
     Federal environmental law pertaining to the review or 
     approval of a covered activity.
       ``(C) Procedural and substantive requirements.--A State 
     shall assume responsibility under this subsection subject to 
     the same procedural and substantive requirements as would 
     apply if that responsibility were carried out by the 
     Secretary.
       ``(D) Federal responsibility.--Any responsibility of the 
     Secretary not explicitly assumed by a State by written 
     agreement under this subsection shall remain the 
     responsibility of the Secretary.
       ``(E) No effect on authority.--Nothing in this subsection 
     preempts or interferes with any power, jurisdiction, 
     responsibility, or authority of an agency, other than the 
     Department of Commerce, under applicable law (including 
     regulations) with respect to a project.
       ``(2) State participation.--The Secretary may develop an 
     application for a State to assume responsibility under 
     paragraph (1), at such a time and containing such information 
     as the Secretary determines appropriate.
       ``(3) Selection criteria.--The Secretary may approve the 
     application of a State to assume responsibility under this 
     subsection only if--
       ``(A) the Secretary determines that the State has the 
     capability, including financial and with respect to 
     personnel, to assume the responsibility; and
       ``(B) the governor of the State has entered into the 
     written agreement with the Secretary required under paragraph 
     (1)(A).
       ``(4) Limitations on agreements.--Nothing in this 
     subsection permits a State to assume any rulemaking authority 
     of the Secretary under any Federal law.
       ``(5) Audits.--To ensure compliance by a State (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under paragraph (1)(B)), for each 
     State participating in the program under this subsection, the 
     Secretary shall--
       ``(A) conduct annual audits for each year of State 
     participation;
       ``(B) not later than 180 days after the date on which the 
     agreement between the Secretary and the State is executed, 
     meet with the State to review implementation of the agreement 
     and discuss plans for the first annual audit required under 
     subparagraph (A); and
       ``(C) ensure that the time period for completing an audit 
     under subparagraph (A), from initiation to completion, does 
     not exceed 180 days.
       ``(6) Termination.--
       ``(A) Termination by secretary.--The Secretary may 
     terminate the participation of any State in the program under 
     this subsection, if--
       ``(i) the Secretary determines that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(ii) the Secretary provides the State with--

       ``(I) a notification of the determination of noncompliance 
     under clause (i);
       ``(II) a period of not less than 120 days to take 
     corrective action as the Secretary determines to be necessary 
     to comply with the applicable agreement; and
       ``(III) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under clause (i); 
     and

       ``(iii) the State, after the period provided under clause 
     (ii), fails to take satisfactory corrective action, as 
     determined by the Secretary.
       ``(B) Termination by the state.--A State, at any time, may 
     terminate the participation of the State in the program under 
     this subsection by providing to the Secretary notice not 
     later than 90 days before the date on which that termination 
     will take effect, subject to such terms and conditions as the 
     Secretary may provide.
       ``(h) Judicial Review.--
       ``(1) In general.--Subject to paragraph (2), nothing in 
     this section shall affect whether any final Federal agency 
     action may be reviewed in a court of the United States or of 
     any State.
       ``(2) Efficiency of claims.--
       ``(A) Statute of limitations.--Notwithstanding any other 
     provision of law, and except as provided in subparagraph (B), 
     a claim arising under Federal law seeking judicial review of 
     Federal financial assistance provided under this title, or 
     with respect to any authorization issued or denied under NEPA 
     by the Secretary for a covered activity, shall be barred 
     unless the claim is filed not later than 150 days after the 
     date on which the Secretary announces that, as applicable--
       ``(i) the Secretary has approved the application for such 
     Federal financial assistance;
       ``(ii) the Secretary has issued that authorization; or
       ``(iii) the Secretary has denied that authorization.
       ``(B) Exception.--Subparagraph (A) shall not apply if a 
     shorter deadline than the applicable deadline under that 
     subparagraph is specified in the Federal law under which 
     judicial review is allowed.

[[Page S2700]]

       ``(i) Definitions.--In this section:
       ``(1) Covered activity.--The term `covered activity' means 
     any activity relating to the construction, expansion, or 
     modernization of a facility, the investment in which is 
     eligible for Federal financial assistance under section 9902 
     or 9906.
       ``(2) NEPA.--The term `NEPA' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
                                 ______
                                 
  SA 577. Mr. KELLY (for himself, Mr. Cotton, and Mr. Heinrich) 
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. PROHIBITION ON MEMBERS AND FORMER MEMBERS OF THE 
                   ARMED FORCES ACCEPTING EMPLOYMENT WITH CHINESE 
                   OR RUSSIAN GOVERNMENT ENTITIES.

       (a) Findings.--Congress makes the following findings:
       (1) Members of the Armed Forces gain skills, knowledge, and 
     training through their service that are integral to the 
     mission of the United States military.
       (2) The specialized skillsets gained through service in the 
     United States Armed Forces are the product of unique United 
     States Government training.
       (3) Public reports have revealed the People's Republic of 
     China has employed, or contracted through intermediaries, 
     former United States military personnel and former military 
     personnel of countries that are allies of the United States 
     to train Chinese military personnel on specialized skills.
       (4) The closest allies of the United States, including the 
     United Kingdom, Australia, and New Zealand, are taking steps 
     to stop their former military personnel from training the 
     armed forces of foreign adversaries, including instituting 
     policy and legal reviews and consideration of criminal 
     penalties to prevent that type of post-military service 
     activity.
       (b) Sense of Congress.--It is the sense of Congress that it 
     is in the national security interests of the United States 
     that current and former members of the Armed Forces be 
     prohibited from taking employment or holding positions that 
     provide substantial support to the military of the People's 
     Republic of China or the Russian Federation to prevent the 
     exploitation of specialized United States military 
     competencies and capabilities by governments of those 
     adversaries of the United States.
       (c) Prohibition.--Section 207 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m) Prohibition on All Members and Former Members of the 
     Armed Forces Accepting Employment With Designated Foreign 
     Government Entities.--
       ``(1) In general.--Any person who is a member or former 
     member of the Armed Forces who, on or after the date of the 
     enactment of this subsection, knowingly accepts employment 
     for or occupies a position with a designated entity shall be 
     punished as provided in section 216(a)(2) of this title.
       ``(2) Definitions.--In this subsection:
       ``(A) Designated entity.--The term `designated entity' 
     means any entity determined by the Secretary of Defense to be 
     associated with or to provide substantial support to the 
     military of a designated foreign government.
       ``(B) Designated foreign government.--The term `designated 
     foreign government' means a government, at the national, 
     regional, or local level, in--
       ``(i) the People's Republic of China; or
       ``(ii) the Russian Federation.''.
       (d) Written Notice About Prohibition.--The Secretary of 
     Defense or the Secretary of Veterans Affairs, as appropriate, 
     shall provide written notice of the prohibition under 
     subsection (m) of section 207 of title 18, United States 
     Code, as added by subsection (c)--
       (1) to any person subject to the prohibition as of the date 
     of the enactment of this Act, as soon as practicable after 
     such date of enactment; and
       (2) to any person who becomes subject to the prohibition 
     after such date of enactment, as soon as practicable 
     thereafter.
                                 ______
                                 
  SA 578. Mr. COTTON 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:

       In title XII, strike subtitle E and insert the following:

             Subtitle E--Securing Maritime Data From China

     SEC. 1271. SHORT TITLE.

       This subtitle may be cited as the ``Securing Maritime Data 
     From China Act of 2023''.

     SEC. 1272. COUNTERING THE SPREAD OF LOGINK.

       (a) Contracting Prohibition.--
       (1) In general.--The Department of Defense shall not enter 
     into any contract with an entity that uses covered logistics 
     software.
       (2) Applicability.--This subsection applies with respect to 
     any contract entered into on or after the date that is 180 
     days after the enactment of this section.
       (b) Waiver.--The Secretary of Defense may waive the 
     provisions of this section for a specific contract--
       (1) if the Secretary makes a determination that such waiver 
     is vital to the national security of the United States; and
       (2) submits a report to Congress as to why such waiver was 
     granted and why it was vital to the national security of the 
     United States.
       (c) Reporting.--The Secretary of Defense shall issue 
     reports to Congress beginning within one year of the date of 
     the enactment of this Act and continuing for three years 
     thereafter on the implementation of this section.

     SEC. 1273. POLICY WITH RESPECT TO PORTS ACCEPTING FEDERAL 
                   GRANT MONEY.

       (a) Prohibited Use.--
       (1) In general.--Chapter 503 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 50309. Prohibited use

       ``(a) In General.--A covered port authority shall not 
     utilize covered logistics software, as defined in section 5 
     of the Securing Maritime Data From China Act of 2023.
       ``(b) Guidance.--The Secretary of Transportation in 
     consultation with the Secretary of Defense shall publish on 
     the website of the Department of Transportation, and update 
     regularly, a list of entities subject to the prohibition in 
     subsection (a).
       ``(c) Consultation.--The Secretary of Transportation shall 
     consult with the Department of State in carrying out this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 503 of title 46, United States Code, is 
     amended by inserting after the item relating to section 50308 
     the following new item:

``50309. Prohibited use.''.
       (b) Applicability.--This subsection applies with respect to 
     any contract entered into on or after the date that is two 
     years after the date of the enactment of this section.
       (c) Waiver.--The Secretary of Transportation, in 
     consultation with the Secretary of State, may waive the 
     provisions of this section for a specific contract--
       (1) if the Secretary makes a determination that such waiver 
     is vital to the national security of the United States; and
       (2) submits a report to Congress as to why such waiver was 
     granted and why it was vital to the national security of the 
     United States.
       (d) Reporting.--The Secretary of Transportation shall issue 
     reports to Congress beginning within one year of the date of 
     the enactment of this Act and continuing for three years 
     thereafter on the implementation of this section.

     SEC. 1274. NEGOTIATIONS WITH ALLIES AND PARTNERS.

       (a) Negotiations Required.--The Secretary of State shall 
     enter into negotiations with United States allies and 
     partners, including those described in subsection (c), if the 
     President determines that ports or other entities operating 
     within the jurisdiction of such allies and partners are using 
     or are considering using covered logistics software.
       (b) Elements.--As part of the negotiations described in 
     subsection (a), the President shall--
       (1) urge governments to require entities within their 
     countries to terminate their use of covered logistics 
     software;
       (2) describe the threats posed by covered logistics 
     software to the United States military and strategic 
     interests and the implications this threat may have for the 
     presence of the United States armed forces in such countries;
       (3) urge governments to use their voice, influence, and 
     vote to align with the United States and to counter attempts 
     by foreign adversaries at international standards-setting 
     bodies to adopt standards that incorporate covered logistics 
     software; and
       (4) attempt to establish, through multilateral entities, 
     bilateral or multilateral negotiations, military cooperation, 
     and other relevant engagements or agreements, a prohibition 
     on the use of LOGINK and other covered logistics software.
       (c) Allies and Partners Described.--The countries and 
     entities with which the President shall conduct negotiations 
     described in this subsection include, but are not limited 
     to--
       (1) all countries party to a collective defense arrangement 
     with the United States;
       (2) India; and
       (3) Taiwan.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the President shall submit a report to 
     the appropriate congressional committees describing--
       (1) the efforts made by the United States Government thus 
     far in the negotiations described in this section; and
       (2) the actions taken by the governments of allies and 
     partners pursuant to the negotiation priorities described in 
     this section.

     SEC. 1275. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--

[[Page S2701]]

       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Commerce, Science, 
     and Transportation of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (2) Covered logistics software.--The term ``covered 
     logistics software'' means--
       (A) the public, open, shared logistics information network 
     known as the National Public Information Platform for 
     Transportation and Logistics by the Ministry of Transport of 
     China or any affiliate or successor entity;
       (B) any other transportation logistics software designed to 
     be used by port authorities subject to the jurisdiction, 
     ownership, direction, or control of a foreign adversary; or
       (C) any other logistics platform or software that shares 
     data with a system described in subparagraph (A) or (B).
       (3) Covered port authority.--The term ``covered port 
     authority'' means a port authority that receives funding from 
     any Federal agency.
       (4) Foreign adversary.--The term ``foreign adversary'' 
     means--
       (A) the People's Republic of China, including the Hong Kong 
     and Macau Special Administrative Regions;
       (B) the Republic of Cuba;
       (C) the Islamic Republic of Iran;
       (D) the Democratic People's Republic of Korea;
       (E) the Russian Federation; and
       (F) the Bolivarian Republic of Venezuela under the regime 
     of Nicholas Maduro Moros.
                                 ______
                                 
  SA 579. Mr. SCHUMER 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 XII, add the following:

                     Subtitle H--AUKUS Partnership

     SEC. 1299L. ACCEPTANCE OF CONTRIBUTIONS IN SUPPORT OF 
                   AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) In General.--Chapter 155 of title 10, United States 
     Code, is amended by inserting after section 2608 the 
     following new section:

     ``Sec. 2609. Acceptance of contributions for Australia, 
       United Kingdom, and United States submarine security 
       activities; Submarine Security Activities Account

       ``(a) Acceptance Authority.--The Secretary of Defense may 
     accept from the Government of Australia contributions of 
     money made by the Government of Australia for use by the 
     Department of Defense in support of non-nuclear related 
     aspects of submarine security activities between Australia, 
     the United Kingdom, and the United States (in this section 
     referred to as `AUKUS').
       ``(b) Establishment of Submarine Security Activities 
     Account.--(1) There is established in the Treasury of the 
     United States a special account to be known as the `Submarine 
     Security Activities Account'.
       ``(2) Contributions of money accepted by the Secretary of 
     Defense under subsection (a) shall be credited to the 
     Submarine Security Activities Account.
       ``(c) Use of the Submarine Security Activities Account.--
     (1) The Secretary of Defense may use funds in the Submarine 
     Security Activities Account--
       ``(A) for any purpose authorized by law that the Secretary 
     determines would support AUKUS submarine security activities; 
     or
       ``(B) to carry out a military construction project that is 
     consistent with the purposes for which the contributions were 
     made and is not otherwise authorized by law.
       ``(2) Funds in the Submarine Security Activities Account 
     may be used as described in this subsection without further 
     specific authorization in law.
       ``(d) Transfers of Funds.--(1) In carrying out subsection 
     (c), the Secretary of Defense may transfer funds available in 
     the Submarine Security Activities Account to appropriations 
     available to the Department of Defense.
       ``(2) In carrying out subsection (c), and in accordance 
     with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), 
     the Secretary of Defense may transfer funds available in the 
     Submarine Security Activities Account to appropriations or 
     funds of the Department of Energy available to carry out 
     activities related to AUKUS submarine security activities.
       ``(3) Funds transferred under this subsection shall be 
     available for obligation for the same time period and for the 
     same purpose as the appropriation to which transferred.
       ``(4) Upon a determination by the Secretary that all or 
     part of the funds transferred from the Submarine Security 
     Activities Account are not necessary for the purposes for 
     which such funds were transferred, all or such part of such 
     funds shall be transferred back to the Submarine Security 
     Activities Account.
       ``(e) Investment of Money.--(1) Upon request by the 
     Secretary of Defense, the Secretary of the Treasury may 
     invest money in the Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       ``(2) Any interest or other income that accrues from 
     investment in securities referred to in paragraph (1) shall 
     be deposited to the credit of the Submarine Security 
     Activities Account.
       ``(f) Relationship to Other Laws.--The authority to accept 
     or transfer funds under this section is in addition to any 
     other authority to accept or transfer funds.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 155 of title 10, United States Code, is 
     amended by inserting after the item relating to section 2608 
     the following new item:

``2609. Acceptance of contributions for Australia, United Kingdom, and 
              United States submarine security activities; Submarine 
              Security Activities Account.''.

     SEC. 1299M. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraph (6), the President 
     may transfer not more than two Virginia class submarines from 
     the inventory of the Navy to the Government of Australia on a 
     sale basis under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761).
       (2) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under this subsection 
     shall be charged to the Government of Australia.
       (3) Waiver of certification requirement.--The requirement 
     for the Chief of Naval Operations to make a certification 
     under section 8678 of title 10, United States Code, shall not 
     apply to a transfer under this subsection.
       (4) Use of funds.--The Secretary of the Navy may use the 
     proceeds of a transfer under this subsection--
       (A) for the acquisition of vessels to replace the vessels 
     transferred to the Government of Australia; or
       (B) to carry out any other authority the use of which the 
     Secretary of the Navy determines would improve the submarine 
     industrial base.
       (5) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 the Arms Export Control Act (22 U.S.C. 
     2761), any amounts received by the United States as a result 
     of a transfer under this subsection shall--
       (A) be credited, at the discretion of the Secretary of the 
     Navy, to--
       (i) the appropriation account or fund from which amounts 
     were expended for the cost of the applicable vessel;
       (ii) an appropriate appropriation account or fund from 
     which, as of the date of the transfer, amounts are available 
     for constructing Virginia class submarines; or
       (iii) any other appropriation account or fund from which 
     amounts are available for the purpose specified in paragraph 
     (4)(B); and
       (B) remain available for obligation until expended for the 
     same purpose as other amounts in the appropriation account or 
     fund to which the receipt is credited.
       (6) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a vessel transferred under this subsection constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The Secretary of Energy may use proceeds 
     from a transfer described in subparagraph (A) for the 
     acquisition of submarine naval nuclear propulsion plants and 
     nuclear fuel to replace the propulsion plants and fuel 
     transferred to the Government of Australia.
       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, the Secretary of the Navy shall determine the 
     appropriate shipyard in the United States, Australia, or the 
     United Kingdom to perform any repair or refurbishment of a 
     United States submarine involved in submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       ``(2) Personnel.--Repair or refurbishment described in 
     paragraph (1) may be carried out by personnel of the United 
     States, the United Kingdom, or Australia in accordance with 
     the international arrangements governing the submarine 
     security activities described in such paragraph.''.

     SEC. 1299N. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or authorize 
     export of defense services to the Government of Australia 
     under the Arms Export Control Act (22 U.S.C. 2751 et seq.) 
     that may also be directly exported to private-sector 
     personnel in Australia to support the development of the 
     Australian submarine industrial base necessary for submarine 
     security activities between Australia, the United Kingdom, 
     and the United

[[Page S2702]]

     States (in this section referred to as ``AUKUS''), including 
     where such private-sector personnel are not officers, 
     employees, or agents of the Government of Australia.
       (b) Application of Requirements for Further Transfer.--Any 
     transfer of defense services to the Government of Australia 
     pursuant to subsection (a) to persons other than those 
     directly provided such defense services pursuant to such 
     subsection shall only be made in accordance with the 
     requirements of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.).

     SEC. 1299O. AUKUS DEFENSE TRADE PARTNERSHIP.

       Section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
     is amended by adding at the end the following new subsection:
       ``(l) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, the Secretary of State may exempt 
     from the licensing or other approval requirements under this 
     section exports and transfers (including reexports, 
     retransfers, temporary imports, and brokering activities) of 
     defense articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection (j)(1)(C)(ii); and
       ``(C) involve only entities that are approved by relevant 
     authorities within those countries.
       ``(2) Required standards of export controls.--The Secretary 
     of State may only exercise the authority under paragraph (1) 
     with respect to the United Kingdom or Australia after the 
     Secretary submits to Congress a certification that the 
     country concerned has implemented standards for a system of 
     export controls that satisfies the elements described in 
     subsection (j)(2)(A) for defense articles and defense 
     services, and for controlling the provision of military 
     training, that are at least comparable to those administered 
     by the United States.
       ``(3) Reexports and retransfers.--
       ``(A) Exemption from certain certification requirements.--
     Paragraphs (1) through (3) of section 3(d) shall not apply to 
     transfers described in paragraph (1) (including transfers of 
     United States Government sales or grants, or commercial 
     exports authorized under this Act) among the United States, 
     the United Kingdom, or Australia.
       ``(B) Reports of transfers.--The Secretary of State shall 
     require all transfers that would be subject to the 
     requirements under paragraphs (1) through (3) of section 3(d) 
     but for the application of subparagraph (A) to be reported to 
     the Secretary on a quarterly basis.''.
                                 ______
                                 
  SA 580. Mr. KAINE (for himself and Mr. Cramer) 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. VIRGINIA CLASS SUBMARINE TRANSFER CERTIFICATION.

       (a) Certification Required.--
       (1) In general.--Not less than 60 days prior to 
     transferring one or more Virginia class submarines from the 
     inventory of the United States Navy to the Government of 
     Australia, under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761), the President shall certify to the 
     appropriate congressional committees that--
       (A) any submarine transferred under such authority shall be 
     used to support the joint security interests and military 
     operations of the United States and Australia;
       (B) Submarine Rotational Forces-West Full Operational 
     Capability to support 4 rotationally deployed Virginia-class 
     submarines and one Astute-class submarine has been achieved, 
     including the Government of Australia having demonstrated the 
     domestic capacity to fully perform all the associated 
     activities necessary for the safe hosting and operation of 
     nuclear-powered submarines; and
       (C) Australia Sovereign-Ready Initial Operational 
     Capability to support a Royal Australian Navy Virginia-class 
     submarine has been achieved, including the Government of 
     Australia having demonstrated the domestic capacity to fully 
     perform all the associated--
       (i) activities necessary for the safe hosting and operation 
     of nuclear-powered submarines;
       (ii) crewing;
       (iii) operations;
       (iv) regulatory and emergency procedures, including those 
     specific to nuclear power plants; and
       (v) detailed planning for enduring Virginia-class submarine 
     ownership, including each significant event leading up to and 
     including nuclear defueling.
       (b) Definitions.--In this section:
       (1) Activities necessary for the safe hosting or operation 
     of nuclear-powered submarines.--The term ``activities 
     necessary for the safe hosting and operation of nuclear-
     powered submarines'' means each of the following activities 
     as it relates to Virginia-class and Astute-class submarines, 
     as appropriate, and in accordance with applicable United 
     States Navy or other Government agency instructions, 
     regulations, and standards:
       (A) Maintenance.
       (B) Training.
       (C) Technical oversight.
       (D) Safety certifications.
       (E) Physical, communications, operational, cyber, and other 
     security measures.
       (F) Port operations and infrastructure support.
       (G) Storage, including spare parts, repair parts, and 
     munitions.
       (H) Hazardous material handling and storage.
       (I) Information technology systems.
       (J) Support functions, including those related to medical, 
     quality-of-life, and family needs.
       (K) Such other related tasks as may be specified by the 
     Secretary of Defense.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 581. Ms. CANTWELL 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. ____. SENSE OF CONGRESS.

       (a) Definition.--In this section, the term ``foreign 
     adversary'' means a foreign government that the President has 
     determined to pose a significant national security risk to 
     the United States or individuals in the United States.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should undertake a rulemaking process to 
     protect United States data linked to sensitive populations 
     that could be exploited by foreign adversaries to the 
     detriment of the national security of the United States while 
     preserving freedom of expression and rights under the 
     Constitution of the United States; and
       (2) the Information and Communications Technology and 
     Services Supply Chain security program of the Department of 
     Commerce should be authorized to identify, assess, and 
     mitigate risks to the information and communications 
     technology and services supply chain in the United States.
                                 ______
                                 
  SA 582. Mr. WARNER (for himself 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 end of subtitle G of title X, add the following:

     SEC. __. RELEASE OF EDUCATION RECORDS TO FACILITATE THE AWARD 
                   OF A RECOGNIZED POSTSECONDARY CREDENTIAL.

       Section 444(b)(1) of the General Education Provisions Act 
     (20 U.S.C. 1232g(b)(1)) is amended--
       (1) in subparagraph (K)(ii), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (L) the following:
       ``(M) an institution of postsecondary education in which 
     the student was previously enrolled, to which records of 
     postsecondary coursework and credits are sent for the purpose 
     of applying such coursework and credits toward completion of 
     a recognized postsecondary credential (as that term is 
     defined in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102)), upon condition that the 
     student provides written consent prior to receiving such 
     credential.''.
                                 ______
                                 
  SA 583. Mr. BARRASSO (for himself and Ms. Lummis) 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:

[[Page S2703]]

  


     SEC. ___. STREAMLINING PERMITTING PROCESS FOR REPLACING 
                   COVERED COMMUNICATIONS EQUIPMENT.

       (a) Definitions.--In this section:
       (1) Communications facility.--The term ``communications 
     facility'' includes--
       (A) any infrastructure, including any transmitting device, 
     tower, or support structure, and any equipment, switches, 
     wiring, cabling, power sources, shelters, or cabinets, 
     associated with the licensed or permitted unlicensed wireless 
     or wireline transmission of writings, signs, signals, data, 
     images, pictures, and sounds of all kinds; and
       (B) any antenna or apparatus that--
       (i) is designed for the purpose of emitting radio 
     frequency;
       (ii)(I) is designed to be operated, or is operating, from a 
     fixed location pursuant to authorization by the Federal 
     Communications Commission; or
       (II) is using duly authorized devices that do not require 
     individual licenses; and
       (iii) is added to a tower, building, pole, cable, or other 
     structure.
       (2) Communications use authorization.--The term 
     ``communications use authorization'' means a right-of-way, 
     permit, or lease granted, issued, or executed by a Federal 
     land management agency for the primary purpose of authorizing 
     the occupancy and use of Federal land for the construction, 
     placement, and operation of a communications facility.
       (3) Covered communications equipment or services.--The term 
     ``covered communications equipment or services'' has the 
     meaning given the term in section 9 of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1608).
       (4) Federal land.--The term ``Federal land'' means land 
     under the jurisdiction and management of a Federal land 
     management agency.
       (5) Federal land management agency.--The term ``Federal 
     land management agency'' means--
       (A) the National Park Service;
       (B) the Bureau of Land Management;
       (C) the Bureau of Reclamation;
       (D) the United States Fish and Wildlife Service; and
       (E) the Forest Service.
       (6) Previously disturbed federal land.--The term 
     ``previously disturbed Federal land'', in the case of an 
     application for a communications use authorization, means 
     Federal land with respect to which a communications use 
     authorization has been granted for a substantially similar 
     use.
       (7) Secure and trusted communications networks 
     reimbursement program.--The term ``Secure and Trusted 
     Communications Networks Reimbursement Program'' means the 
     program established under section 4(a) of the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1603(a)).
       (b) Previously Disturbed Rights-of-way Exemption.--No 
     review shall be required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of 
     subtitle III of title 54, United States Code, as a condition 
     of granting a communications use authorization for the 
     occupancy and use of previously disturbed Federal land in 
     order to replace covered communications equipment or services 
     using a reimbursement under the Secure and Trusted 
     Communications Networks Reimbursement Program.
       (c) Wireless Facility Modifications.--Section 6409(a) of 
     the Middle Class Tax Relief and Job Creation Act of 2012 (47 
     U.S.C. 1455(a)) is amended by striking paragraph (3).
                                 ______
                                 
  SA 584. 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 appropriate place in title XII, insert the 
     following:

     SEC. 12__. PROHIBITION ON RESTRICTIONS ON POWER-GENERATION 
                   PROJECTS BY UNITED STATES INTERNATIONAL 
                   DEVELOPMENT FINANCE CORPORATION IN CERTAIN 
                   COUNTRIES.

       (a) Short Titles.--This section may be cited as the 
     ``Providing Opportunities With Energy Resources to Uproot 
     Poverty Act'' or the ``POWER UP Act''.
       (b) In General.--Section 1451 of the Better Utilization of 
     Investments Leading to Development Act of 2018 (22 U.S.C. 
     9671) is amended by adding at the end the following:
       ``(j) Prohibition on Restrictions on Power-generation 
     Projects in Certain Countries.--
       ``(1) Prohibition on certain restrictions on power-
     generation projects.--The Corporation may not implement or 
     enforce any rule, regulation, policy, procedure, or guideline 
     that would prohibit or restrict the source of energy used by 
     a power-generation project the purpose of which is to provide 
     affordable electricity in an IDA-eligible country or an IDA-
     blend country.
       ``(2) Limitation on board.--The Board of the Corporation 
     may not, whether directly or through authority delegated by 
     the Board, reject a power-generation project in an IDA-
     eligible country or an IDA-blend country based on the source 
     of energy used by the project.
       ``(3) All-of-the-above energy development strategy.--The 
     Corporation shall promote a technology- and fuel-neutral, 
     all-of-the-above energy development strategy for IDA-eligible 
     countries and an IDA-blend countries that includes the use of 
     oil, natural gas, coal, hydroelectric, wind, solar, and 
     geothermal power and other sources of energy.
       ``(4) Definitions.--In this subsection:
       ``(A) IDA-eligible country.--The term `IDA-eligible 
     country' means a country that--
       ``(i) is eligible for support from the International 
     Development Association; and
       ``(ii) is not eligible for support from the International 
     Bank for Reconstruction and Development.
       ``(B) IDA-blend country.--The term `IDA-blend country' 
     means a country that is eligible for support from both the 
     International Development Association and the International 
     Bank for Reconstruction and Development.''.
                                 ______
                                 
  SA 585. 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 subtitle D of title XII, insert 
     the following:

     SEC. ___. SENSE OF CONGRESS ON THE EXPIRATION OF THE UNITED 
                   STATES-CHINA AGREEMENT ON COOPERATION IN 
                   SCIENCE AND TECHNOLOGY.

       (a) Findings.--Congress finds the following:
       (1) In 1979, the United States and the People's Republic of 
     China signed the Agreement Between the Government of the 
     United States of America and the Government of the People's 
     Republic of China on Cooperation in Science and Technology, 
     signed at Washington (referred to in this section as the 
     ``Agreement'').
       (2) The purpose of the Agreement is to promote greater 
     collaboration on civilian research in the fields of 
     agriculture, energy, space, health, environment, earth 
     sciences, engineering, and other such areas of science and 
     technology.
       (3) In line with a drive to achieve self-sufficiency across 
     a variety of sectors for national security purposes, 
     including agriculture, health, and environmental 
     technologies, the Communist Party of China has sponsored or 
     allowed widespread predatory economic practices, such as 
     intellectual property theft and forced technology transfer, 
     in all such sectors.
       (4) Such predatory economic practices lead to significant 
     costs for United States businesses and the innovation 
     ecosystem of the United States.
       (5) In 2019, the Federal Bureau of Investigation estimated 
     that the cost of theft of trade secrets, counterfeit goods, 
     and pirated software could be as much as $600,000,000 per 
     year.
       (6) Intellectual property theft and forced technology 
     transfer severely undermine the value of the Agreement and 
     hurting the national security and economic interests of the 
     United States.
       (7) The Communist Party of China actively practices a 
     policy of military-civil fusion, which was first documented 
     as a guiding principle for the Communist Party of China in 
     2007.
       (8) According to the Department of State, the goal of 
     military-civil fusion is to ``eliminate barriers between 
     China's civilian research and commercial sectors, and its 
     military and defense industrial sectors... to develop the 
     People's Liberation Army into a world class military by 
     2049''.
       (9) The Agreement has been renewed several times and is set 
     to expire on August 27, 2023, unless the President takes 
     action to renew it.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) due to the standing policy of military-civilian fusion 
     of the Communist Party of China and the history of 
     anticompetitive economic practices of the People's Republic 
     of China, collaborative research conducted under the 
     Agreement could be used--
       (A) to support the modernization of the People's Liberation 
     Army; and
       (B) through the theft of technology, trade secrets, and 
     other economic information, to exploit economic advantages of 
     the United States; and
       (2) allowing the Agreement to expire on August 27, 2023, is 
     a step toward protecting intellectual property and 
     strengthening the national security of the United States.
                                 ______
                                 
  SA 586. 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

[[Page S2704]]

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

       At the appropriate place in subtitle D of title XII, insert 
     the following:

     SEC. ___. REPORT ON VISA VETTING FOR STUDENTS FROM SEVEN SONS 
                   OF NATIONAL DEFENSE UNIVERSITIES AND OTHER 
                   ACADEMIC INSTITUTIONS OF THE PEOPLE'S REPUBLIC 
                   OF CHINA.

       (a) Findings.--Congress finds the following:
       (1) The Government of the People's Republic of China is the 
     greatest infringer of intellectual property rights in the 
     world and uses laws and regulations to disadvantage foreign 
     companies.
       (2) The Federal Bureau of Investigation estimates that the 
     annual cost to the United States economy of counterfeit 
     goods, pirated software, and theft of trade secrets is 
     between $225,000,000,000 and $600,000,000,000.
       (3) The Government of the People's Republic of China 
     recruits students, mostly postgraduate students and 
     postdoctoral researchers studying science, technology, 
     engineering, and mathematics, as collectors of intellectual 
     property to benefit academic institutions, businesses, and 
     defense industries in the People's Republic of China.
       (4) The students or graduates of the universities may visit 
     the United States on an exchange program or for postgraduate 
     education and then return to the People's Republic of China 
     to contribute to the military modernization of the country.
       (5) In 2022, four Chinese nationals were indicted by the 
     Department of Justice for participation in an intelligence 
     campaign aimed to convert United States citizens into agents 
     of the People's Republic of China.
       (6) The four Chinese nationals operated through an academic 
     institute at Ocean University of China, one of the academic 
     institutes identified by the Department of Defense in 
     accordance with section 1286(c)(8) of the John S. McCain 
     National Defense Authorization Act of 2019 (Public Law 115-
     232; 10 U.S.C. 2358 note).
       (7) The Seven Sons of National Defense are the 7 top-ranked 
     universities administered by Ministry of Industry and 
     Information Technology of the People's Republic of China.
       (8) The primary purpose of the universities, commonly 
     referred to as ``military academies'', is to support defense 
     research and development and the defense industrial base of 
     the People's Republic of China.
       (9) Approximately 75 percent of the graduates of such 
     universities are recruited by state defense industries of the 
     People's Republic of China.
       (b) Report.--Not more than 180 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     submit to the appropriate congressional committees a report 
     that includes--
       (1) an evaluation of the screening process, including a 
     review of social media as part of the process, of foreign 
     nationals entering the United States from the People's 
     Republic of China who attend or have attended--
       (A) a Seven Sons of National Defense university; or
       (B) an academic institution of the People's Republic of 
     China identified on the list required by section 1286(c)(8) 
     of the John S. McCain National Defense Authorization Act of 
     2019 (Public Law 115-232; 10 U.S.C. 2358 note);
       (2) an assessment of the current vulnerabilities in the 
     screening process, and recommendations for legal, regulatory, 
     or other changes or steps to address such vulnerabilities; 
     and
       (3) a confirmation of the number of visas approved and the 
     number of visas denied by the Department of State for 
     students from the People's Republic of China in science, 
     technology, engineering, and mathematics fields, including 
     the number of such students who are pursuing an advanced 
     degree or repeating a degree in such fields.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.
                                 ______
                                 
  SA 587. Mr. DURBIN (for himself, Ms. Collins, Mr. Reed, Mrs. Murray, 
Mr. Blumenthal, Mr. Brown, Mr. Kaine, 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 X, add the following:

     SEC. 1083. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or building (including any 
     medical center, nursing home, domiciliary facility, 
     outpatient clinic, or center that provides readjustment 
     counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.
       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
  SA 588. 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 appropriate place in title X, insert the following:

     SEC. 10__. LIMITATION ON ATTORNEY FEES FOR FEDERAL CAUSE OF 
                   ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH 
                   CAROLINA.

       Section 804 of the Sergeant First Class Heath Robinson 
     Honoring our Promise to Address Comprehensive Toxics Act of 
     2022 (Public Law 117-168; 28 U.S.C. 2671 note prec.) is 
     amended by adding at the end the following new subsection:
       ``(k) Attorney Fees.--
       ``(1) Limitations.--No legal representative of an 
     individual who brings an action under subsection (b) or who 
     presents a claim under section 2675 of title 28, United 
     States Code, pursuant to subsection (h) shall charge, demand, 
     receive, or collect for services rendered in bringing such 
     action or presenting such claim, fees in excess of--
       ``(A) 20 percent of an award, compromise, or settlement 
     made or reached within 180 days after presenting a claim 
     under section 2675 of title 28, United States Code, pursuant 
     to subsection (h); and
       ``(B) 33.3 percent on a claim that is resolved by 
     settlement, compromise, or judgement after the initiation of 
     an action.
       ``(2) Terms for payment of fees.--Any judgment rendered, 
     settlement entered, compromise made, or other award made with 
     respect to an action brought under subsection (b) or a claim 
     presented under section 2675 of title 28, United States Code, 
     pursuant to subsection (h) by a legal representative of an 
     individual shall require the following:
       ``(A) All funds from the judgment, settlement, compromise, 
     or other award shall be deposited into an account held in 
     trust for the individual in accordance with all applicable 
     provisions of State law.
       ``(B) The legal representative shall--
       ``(i) once any funds described in subparagraph (A) have 
     been deposited into an account pursuant to such subparagraph, 
     notify the individual of such deposit; and
       ``(ii) promptly deliver to such individual such amount of 
     such funds as the individual is entitled to receive.
       ``(C) That no funds shall be paid from the account 
     described in subparagraph (A) to a legal representative of 
     the individual as compensation for services rendered to such 
     individual until the relevant funds from such account have 
     been disbursed to the individual in accordance with 
     subparagraph (B).
       ``(3) Penalties.--
       ``(A) Fee limitations.--Any legal representative who 
     charges, demands, receives, or collects for services rendered 
     in connection with an action under subsection (b) or a claim 
     under section 2675 of title 28, United States Code, pursuant 
     to subsection (h), any amount in excess of that allowed under 
     paragraph (1) of this subsection, if recovery be had, shall 
     be fined not more than $5,000.
       ``(B) Terms for payment.--Failure of a legal representative 
     subject to paragraph (2) to comply with a requirement of such 
     paragraph shall be punishable consistent with the penalties 
     provided in section 2678 of title 28, United States Code.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to annul, alter, affect, or exempt any 
     person from

[[Page S2705]]

     complying with the laws of any State or locality with respect 
     to the practice of law, except to the extent that those laws 
     are inconsistent with any provision of this subsection, and 
     then only to the extent of the inconsistency.''.
                                 ______
                                 
  SA 589. 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 end of subtitle B of title VII, add the following:

     SEC. 715. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH 
                   AND DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO 
                   DEFENSE HEALTH AGENCY.

       Section 720(a) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263; 
     10 U.S.C. 1073c note) is amended, in the matter preceding 
     paragraph (1), by striking ``February 1, 2024'' and inserting 
     ``February 1, 2025''.
                                 ______
                                 
  SA 590. 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:

     SEC. __. EXTENSION OF AUTHORITY TO WAIVE LIMITATIONS ON THE 
                   TRANSFER OF ARTICLES ON THE UNITED STATES 
                   MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.

       Section 205(d)(2) of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 3053), 
     is amended by striking ``one fiscal year'' and inserting 
     ``three fiscal years''.
                                 ______
                                 
  SA 591. 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 title X, insert the following:

 Subtitle ___--Strengthening Sanctions on Fentanyl Traffickers Act of 
                                  2023

     SEC. ___. SHORT TITLE.

       This subtitle may be cited as the ``Strengthening Sanctions 
     on Fentanyl Traffickers Act of 2023''.

     SEC. ___. PRIORITIZATION OF IDENTIFICATION OF PERSONS FROM 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) 
     is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Prioritization.--
       ``(A) In general.--In preparing the report required by 
     paragraph (1), the President shall prioritize the 
     identification of persons of the People's Republic of China 
     involved in the shipment of fentanyl, fentanyl analogues, 
     fentanyl precursors, precursors for fentanyl analogues, pre-
     precursors for fentanyl and fentanyl analogues, and equipment 
     for the manufacturing of fentanyl and fentanyl-laced 
     counterfeit pills to Mexico or any other country that is 
     involved in the production of fentanyl that is trafficked 
     into the United States, including--
       ``(i) any entity involved in the production of 
     pharmaceuticals; and
       ``(ii) any person that is acting on behalf of any such 
     entity.
       ``(B) Termination of prioritization.--
       ``(i) The President shall continue the prioritization 
     described in subparagraph (A) until the People's Republic of 
     China is no longer the primary source for the shipment of 
     fentanyl, fentanyl analogues, fentanyl precursors, precursors 
     for fentanyl analogues, pre-precursors for fentanyl and 
     fentanyl analogues, and equipment for the manufacturing of 
     fentanyl and fentanyl-laced counterfeit pills to Mexico or 
     any other country that is involved in the production of 
     fentanyl that is trafficked into the United States; and
       ``(ii) the President so certifies to the appropriate 
     congressional committees.
       ``(C) Person of the people's republic of china defined.--In 
     this section, the term `person of the People's Republic of 
     China' means--
       ``(i) an individual who is a citizen or national of the 
     People's Republic of China; or
       ``(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.''; and
       (2) in subsection (c), by striking ``the date that is 5 
     years after such date of enactment'' and inserting ``December 
     31, 2030''.

     SEC. ___. SANCTIONS WITH RESPECT TO SIGNIFICANT FENTANYL 
                   TRAFFICKING ORGANIZATIONS.

       (a) In General.--United States sanctions imposed on the 
     transnational criminal organizations listed in subsection (b) 
     provided for in the Foreign Narcotics Kingpin Designation Act 
     (21 U.S.C. 1901 et seq.), as in effect on the date of the 
     enactment of this Act, shall remain in effect except as 
     provided in subsection (c).
       (b) Transnational Criminal Organizations.--The 
     transnational criminal organizations listed in this 
     subsection are the following:
       (1) The Sinaloa Cartel.
       (2) The Jalisco New Generation Cartel.
       (3) The Beltran-Leyva Organization.
       (4) Los Zetas.
       (5) The Guerreros Unidos.
       (6) The Gulf Cartel.
       (7) The Juarez Cartel.
       (8) La Familia Michocana.
       (9) Los Rojos.
       (c) Termination of Certain Sanctions.--The President may 
     terminate the application of any sanctions described in 
     subsection (a) with respect to any transnational criminal 
     organization listed in subsection (b) if the President 
     submits to the appropriate congressional committees a notice 
     that such transnational criminal organization is not engaging 
     in the activity that was the basis for such sanctions.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.

     SEC. ___. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   PERSONS INVOLVED IN GLOBAL ILLICIT DRUG TRADE.

       (a) In General.--The President may impose any of the 
     sanctions described in subsection (b) with respect to any 
     foreign person determined by the President--
       (1) to have engaged in, or attempted to engage in, 
     activities or transactions that have materially contributed 
     to, or pose a significant risk of materially contributing to, 
     the international trafficking of illicit drugs or their means 
     of production;
       (2) to have knowingly received any property or interest in 
     property that the foreign person knows--
       (A) constitutes or is derived from proceeds of activities 
     or transactions described in paragraph (1); or
       (B) was used or intended to be used to commit or to 
     facilitate such activities or transactions;
       (3) to have provided, or attempted to provide, financial, 
     material, or technological support for, or goods or services 
     in support of--
       (A) any activity or transaction described in paragraph (1); 
     or
       (B) any sanctioned person;
       (4) to be a leader or official of any sanctioned person or 
     of any foreign person that has engaged in any activity or 
     transaction described in paragraph (1); or
       (5) to be owned, controlled, or directed by, or to have 
     acted or purported to act for or on behalf of, directly or 
     indirectly, any sanctioned person.
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Blocking of property.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in 
     property and interests in property of the sanctioned 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.
       (2) Banking transactions.--The President may prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the sanctioned person.
       (3) Loans from united states financial institutions.--The 
     President may prohibit any United States financial 
     institution from making loans or providing credit to the 
     sanctioned person.
       (4) Foreign exchange transactions.--The President may 
     prohibit any transactions in foreign exchange that are 
     subject to the jurisdiction of the United States and in which 
     the sanctioned person has any interest.
       (5) Prohibition on investment in equity or debt of 
     sanctioned person.--The President may prohibit any United 
     States person from investing in or purchasing significant 
     amounts of equity or debt instruments of the sanctioned 
     person.
       (6) Prohibitions on financial institutions.--The President 
     may direct that the following prohibitions be imposed with 
     respect to a sanctioned person that is a financial 
     institution:

[[Page S2706]]

       (A) Prohibition on designation as primary dealer.--Neither 
     the Board of Governors of the Federal Reserve System nor the 
     Federal Reserve Bank of New York may designate, or permit the 
     continuation of any prior designation of, the financial 
     institution as a primary dealer in United States Government 
     debt instruments.
       (B) Prohibition on service as a repository of government 
     funds.--The financial institution may not serve as agent of 
     the United States Government or serve as repository for 
     United States Government funds.
       (7) Procurement ban.--The President may direct that the 
     United States Government may not procure, or enter into any 
     contract for the procurement of, any goods or services from 
     the sanctioned person.
       (8) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a leader, 
     official, senior executive officer, or director of, or a 
     shareholder with a controlling interest in, the sanctioned 
     person.
       (9) Sanctions on principal executive officers.--The 
     President may impose on the principal executive officer or 
     officers of the sanctioned person, or on individuals 
     performing similar functions and with similar authorities as 
     such officer or officers, any of the sanctions described in 
     paragraphs (1) through (8) that are applicable.
       (c) Inadmissibility of Certain Sanctioned Persons.--
       (1) Visas, admission, or parole.--Except as provided by 
     paragraph (3), an alien with respect to whom the President 
     imposed sanctions under paragraph (1) or (8) of subsection 
     (b) shall be--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Current visas revoked.--
       (A) In general.--The visa or other entry documentation of 
     any alien described in paragraph (1) is subject to revocation 
     regardless of the date on which the visa or other entry 
     documentation is or was issued.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall--
       (i) take effect immediately; and
       (ii) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.
       (3) Exceptions.--Paragraphs (1) and (2) shall not apply 
     with respect to the admission of an alien described in 
     paragraph (1) if the President determines that the admission 
     of the alien would not be contrary to the interests of the 
     United States, including if the Secretary of State or the 
     Secretary of Homeland Security, as appropriate, determines, 
     based on a recommendation of the Attorney General, that the 
     admission of the alien would further important United States 
     law enforcement objectives.
       (d) Implementation.--The President may 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.
       (e) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this Act shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (2) 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.
       (f) Definitions.--In this section:
       (1) Admission; admitted; alien; lawfully admitted for 
     permanent residence; national.--The terms ``admission'', 
     ``admitted'', ``alien'', ``lawfully admitted for permanent 
     residence'', and ``national'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, group, 
     subgroup, or other organization.
       (3) Financial institution.--The term ``financial 
     institution'' includes--
       (A) a depository institution (as defined in section 3(c)(1) 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1))), 
     including a branch or agency of a foreign bank (as defined in 
     section 1(b)(7) of the International Banking Act of 1978 (12 
     U.S.C. 3101(7)));
       (B) a credit union;
       (C) a securities firm, including a broker or dealer;
       (D) an insurance company, including an agency or 
     underwriter; and
       (E) any other entity that provides financial services.
       (4) Knowingly; knows.--The terms ``knowingly'' and 
     ``knows'', 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.
       (5) Means of production.--The terms ``means of production'' 
     includes any activities or transactions involving any 
     equipment, chemical, product, or material that may be used, 
     directly or indirectly, in the manufacture of illicit drugs 
     or precursor chemicals.
       (6) Person.--The term ``person'' means an individual or 
     entity.
       (7) Proliferation of illicit drugs.--The term 
     ``proliferation of illicit drugs'' means any illicit activity 
     to produce, manufacture, distribute, sell, or knowingly 
     finance or transport narcotic drugs, controlled substances, 
     listed chemicals, or controlled substance analogues, as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (8) Sanctioned person.--The term ``sanctioned person'' 
     means any person with respect to which sanctions are imposed 
     under this section.
       (9) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     (including its foreign branches)--
       (A) organized under the laws of the United States or of any 
     jurisdiction within the United States; or
       (B) located in the United States.
                                 ______
                                 
  SA 592. 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 X, insert the following:

     SEC. ___. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY OR 
                   WRONGFULLY DETAINED ABROAD.

       Section 302(d) of the Robert Levinson Hostage Recovery and 
     Hostage-Taking Accountability Act (22 U.S.C. 1741(d)) is 
     amended--
       (1) in the subsection heading, by striking ``Resource 
     Guidance'' and inserting ``Resources for United States 
     Nationals Unlawfully or Wrongfully Detained Abroad'';
       (2) in paragraph (1), by striking the paragraph heading and 
     all that follows through ``Not later than'' and inserting the 
     following:
       ``(1) Resource guidance.--
       ``(A) In general.--Not later than'';
       (3) in paragraph (2), by redesignating subparagraphs (A), 
     (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), 
     and (v), respectively, and moving such clauses (as so 
     redesignated) 2 ems to the right;
       (4) by redesignating paragraph (2) as subparagraph (B) and 
     moving such subparagraph (as so redesignated) 2 ems to the 
     right;
       (5) in subparagraph (B), as redesignated by paragraph (4), 
     by striking ``paragraph (1)'' and inserting ``subparagraph 
     (A)''; and
       (6) by adding at the end the following:
       ``(2) Travel assistance.--
       ``(A) Family advocacy.--For the purpose of facilitating 
     meetings between the United States Government and the family 
     members of United States nationals unlawfully or wrongfully 
     detained abroad, the Secretary shall provide financial 
     assistance to cover the costs of travel to Washington, D.C., 
     including travel by air, train, bus, or other transit as 
     appropriate, to any individual who--
       ``(i) is--

       ``(I) a family member of a United States national 
     unlawfully or wrongfully detained abroad as determined by the 
     Secretary under subsection (a); or
       ``(II) an appropriate individual who--

       ``(aa) is approved by the Special Presidential Envoy for 
     Hostage Affairs; and
       ``(bb) does not represent in any legal capacity a United 
     States national unlawfully or wrongfully detained abroad or 
     the family of such United States national;
       ``(ii) has a permanent address that is more than 50 miles 
     from Washington, D.C.; and
       ``(iii) requests such assistance.
       ``(B) Travel and lodging.--
       ``(i) In general.--For each such United States national 
     unlawfully or wrongfully detained abroad, the financial 
     assistance described in subparagraph (A) shall be provided 
     for not more than 2 trips per fiscal year, unless the Special 
     Presidential Envoy for Hostage Affairs determines that a 
     third trip is warranted.
       ``(ii) Limitations.--Any trip described in clause (i) 
     shall--

       ``(I) consist of not more than 2 family members or other 
     individuals approved in accordance with subparagraph 
     (A)(i)(II), unless the Special Presidential Envoy for Hostage 
     Affairs determines that circumstances warrant an additional 
     family member or other individual approved in accordance with 
     subparagraph (A)(i)(II) and approves assistance to such third 
     family member or other individual; and
       ``(II) not exceed more than 2 nights lodging, which shall 
     not exceed the applicable government rate.

       ``(C) Return travel.--If other United States Government 
     assistance is unavailable, the Secretary may provide to a 
     United States national unlawfully or wrongfully detained 
     abroad as determined by the Secretary under subsection (a), 
     compensation and assistance, as necessary, for return travel 
     to the United States upon release of such United States 
     national.
       ``(3) Support.--The Secretary shall seek to make available 
     operational psychologists and clinical social workers, to 
     support the mental health and well-being of--
       ``(A) any United States national unlawfully or wrongfully 
     detained abroad; and

[[Page S2707]]

       ``(B) any family member of such United States national, 
     with regard to the psychological, social, and mental health 
     effects of such unlawful or wrongful detention.
       ``(4) Notification requirement.--The Secretary shall notify 
     the Committee on Foreign Relations of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committees on Appropriations of the Senate and the 
     House of Representatives of any amount spent above $250,000 
     for any fiscal year to carry out paragraphs (2) and (3).
       ``(5) Report.--Not later than 90 days after the end of each 
     fiscal year, the Secretary shall submit to the Committees on 
     Foreign Relations and Appropriations of the Senate and the 
     Committee on Foreign Affairs and Appropriations of the House 
     of Representatives a report that includes--
       ``(A) a detailed description of expenditures made pursuant 
     to paragraphs (2) and (3);
       ``(B) a detailed description of support provided pursuant 
     to paragraph (3) and the individuals providing such support; 
     and
       ``(C) the number and location of visits outside of 
     Washington, D.C., during the prior fiscal year made by the 
     Special Presidential Envoy for Hostage Affairs to family 
     members of each United States national unlawfully or 
     wrongfully detained abroad.
       ``(6) Sunset.--The authority and requirements under 
     paragraphs (2), (3), (4), and (5) shall terminate on December 
     31, 2027.
       ``(7) Family member defined.--In this subsection, the term 
     `family member' means a spouse, father, mother, child, 
     brother, sister, grandparent, grandchild, aunt, uncle, 
     nephew, niece, cousin, father-in-law, mother-in-law, son-in-
     law, daughter-in-law, brother-in-law, sister-in-law, 
     stepfather, stepmother, stepson, stepdaughter, stepbrother, 
     stepsister, half brother, or half sister.''.
                                 ______
                                 
  SA 593. Ms. CORTEZ MASTO (for herself and Mr. Moran) 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 E of title V, add the following:

     SEC. __. DATA MATCHING AGREEMENT WITH THE DEPARTMENT OF 
                   EDUCATION.

       The Secretary of Defense shall complete a data matching 
     agreement with the Secretary of Education in order to ensure 
     that individuals who are current or former active-duty 
     military service members and are eligible for assistance 
     under the public service loan forgiveness program under 
     section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(m)) have their certified periods of employment 
     automatically counted towards the public service loan 
     forgiveness program.
                                 ______
                                 
  SA 594. Mr. PADILLA (for himself and Mrs. Feinstein) 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__. TRANSFER OF LAND INTO TRUST FOR THE PALA BAND OF 
                   MISSION INDIANS.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribe.--The term ``Tribe'' means the Pala Band of 
     Mission Indians.
       (b) Transfer and Administration.--
       (1) Transfer of land into trust.--If, not later than 180 
     days after the date of enactment of this Act, the Tribe 
     transfers title to the land referred to in subsection (c) to 
     the United States, the Secretary, not later than 180 days 
     after the date of that transfer, shall take that land into 
     trust for the benefit of the Tribe.
       (2) Administration.--The land taken into trust under 
     paragraph (1) shall be part of the Pala Indian Reservation 
     and administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe.
       (c) Land Description.--The land referred to in subsection 
     (b)(1) is the approximately 721.12 acres of land located in 
     San Diego County, California, generally depicted as ``Gregory 
     Canyon Property Boundary'' on the map entitled ``Pala Gregory 
     Canyon Property Boundary and Parcels'' and dated May 12, 
     2020.
       (d) Rules of Construction.--Nothing in this section--
       (1) enlarges, impairs, or otherwise affects any right or 
     claim of the Tribe to any land or interest in land that is in 
     existence before the date of enactment of this Act;
       (2) affects any water right of the Tribe in existence 
     before the date of enactment of this Act; or
       (3) terminates or limits any access in any way to any 
     right-of-way or right-of-use issued, granted, or permitted 
     before the date of enactment of this Act.
       (e) Restricted Use of Transferred Lands.--The Tribe may not 
     conduct, on the land taken into trust under subsection 
     (b)(1), gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) under any Federal law, including the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) and regulations 
     promulgated by the Secretary or the National Indian Gaming 
     Commission under that Act.
                                 ______
                                 
  SA 595. Mr. MARKEY 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 XV, insert the following:

     SEC. ___. INVESTING IN CURES BEFORE MISSILES ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Investing in Cures Before Missiles Act of 2023'' or the 
     ``ICBM Act''.
       (b) Findings.--Congress finds the following:
       (1) According to the Congressional Budget Office, the 
     projected cost to sustain and modernize the United States 
     nuclear arsenal, as of 2017, ``is $1.2 trillion in 2017 
     dollars over the 2017-2046 period: more than $800 billion to 
     operate and sustain (that is, incrementally upgrade) nuclear 
     forces and about $400 billion to modernize them''. With 
     inflation, the cost rises to $1,700,000,000,000 and does not 
     include the cost of the additional nuclear capabilities 
     proposed in the 2018 Nuclear Posture Review.
       (2) The Government Accountability Office found in July 2020 
     that the Department of Defense and the National Nuclear 
     Security Administration have still not taken meaningful steps 
     to address affordability concerns or heeded the Government 
     Accountability Office's recommendation to consider 
     ``deferring the start of or cancelling specific modernization 
     programs'', including the W87-1 warhead modification program, 
     to address increases in the weapons activities budget 
     requests of the National Nuclear Security Administration.
       (3) The LGM-35A Sentinel weapon system (formerly known as 
     the Ground Based Strategic Deterrent) is expected to cost 
     between $93,100,000,000 and $95,800,000,000, which does not 
     include the cost of the W87-1 warhead modification program or 
     the cost to produce new plutonium pits for the warhead. The 
     total estimated life cycle cost of the LGM-35A Sentinel 
     weapon system is $264,000,000,000, and the program is 
     intended to replace 400 deployed Minuteman III missiles with 
     more than 600 new missiles, to allow for test flights and 
     spares.
       (4) The Air Force awarded a sole-source contract to 
     Northrop Grumman for the engineering and manufacturing 
     component of the LGM-35A Sentinel weapon system in September 
     2020, raising concerns that the absence of competition for 
     the award may result in higher than projected costs to United 
     States taxpayers.
       (5) The National Nuclear Security Administration is also in 
     the early stages of developing a replacement intercontinental 
     ballistic missile warhead, the W87-1, and expanding plutonium 
     pit production to build new warhead cores, costing at least 
     $12,000,000,000 and $9,000,000,000, respectively, to meet the 
     modernization needs of the LGM-35A Sentinel weapon system.
       (6) Maintaining and updating the current Minuteman III 
     missiles is possible for multiple decades and, according to 
     the Congressional Budget Office, through 2036, this would 
     cost $37,000,000,000 less in 2017 dollars than developing and 
     deploying the LGM-35A Sentinel weapon system. The 
     Congressional Budget Office estimates that between 2021 and 
     2030, the United States has budgeted $82,000,000,000 for 
     intercontinental ballistic missiles.
       (7) A public opinion poll conducted from October 12 to 28, 
     2020, by ReThink Media and the Federation of American 
     Scientists found that only 26 percent of registered voters in 
     the United States preferred replacing the Minuteman III 
     intercontinental ballistic missile with the LGM-35A Sentinel 
     weapon system, as compared to 60 percent of registered voters 
     who opposed replacing the Minuteman III missile.
       (8) On April 3, 2019, Lieutenant General Richard M. Clark, 
     then-Air Force Deputy Chief of Staff for Strategic Deterrence 
     and Nuclear Integration, noted in testimony before the 
     Committee on Armed Services of the House of Representatives 
     that we have ``one more opportunity'' to conduct life 
     extension on the Minuteman III intercontinental ballistic 
     missile, indicating the technical feasibility of extending 
     the Minuteman III missile despite his stated preference for 
     the LGM-35A Sentinel weapon system.
       (9) Even in the absence of an intercontinental ballistic 
     missile leg of the triad, the 2018 Nuclear Posture Review 
     signaled that the United States would have an assured 
     retaliatory capability in the form of several ballistic 
     missile submarines, which are, ``at present, virtually 
     undetectable, and there are no known, near-term credible 
     threats to

[[Page S2708]]

     the survivability of the [ballistic missile submarine] 
     force'', a benefit that will be enhanced as the Department of 
     Defense moves to replace the Ohio class ballistic submarine 
     fleet with the new Columbia class ballistic missile fleet.
       (10) While intercontinental ballistic missiles had 
     historically been the most responsive leg of the United 
     States nuclear triad, advances in ballistic missile submarine 
     communications to allow for the dissemination of emergency 
     action messages in wartime have negated that advantage.
       (11) Intercontinental ballistic missiles cannot be 
     recalled, leaving decision makers with mere minutes to decide 
     whether to launch the missiles before they are destroyed, 
     known as a posture of ``launch on warning'' or ``launch under 
     attack'' in the face of a perceived nuclear attack, greatly 
     increasing the risk of a national leader initiating a nuclear 
     war by mistake.
       (12) In 1983, Stanislav Petrov, a former lieutenant colonel 
     of the Soviet Air Defense Forces correctly identified a false 
     warning in an early warning system that showed several United 
     States incoming nuclear missiles, preventing Soviet leaders 
     from launching a retaliatory response, earning Colonel Petrov 
     the nickname ``the man who saved the world''.
       (13) Former Secretary of Defense William Perry, who once 
     briefed President Bill Clinton on a suspected Russian first 
     nuclear strike, wrote that the ground-based leg of the 
     nuclear triad is ``destabilizing because it invites an 
     attack'' and intercontinental ballistic missiles are ``some 
     of the most dangerous weapons in the world'' and ``could even 
     trigger an accidental nuclear war''.
       (14) General James Cartwright, former vice chair of the 
     Joint Chiefs of Staff and former Commander of the United 
     States Strategic Command, wrote, with Secretary Perry, 
     ``[T]he greatest danger is not a Russian bolt but a US 
     blunder--that we might accidentally stumble into nuclear war. 
     As we make decisions about which weapons to buy, we should 
     use this simple rule: If a nuclear weapon increases the risk 
     of accidental war and is not needed to deter an intentional 
     attack, we should not build it. . . . Certain nuclear 
     weapons, such as . . . the [intercontinental ballistic 
     missile], carry higher risks of accidental war that, 
     fortunately, we no longer need to bear. We are safer without 
     these expensive weapons, and it would be foolish to replace 
     them.''.
       (15) General George Lee Butler, the former Commander-in-
     Chief of the Strategic Air Command and subsequently 
     Commander-in-Chief of the United States Strategic Command, 
     said, ``I would have removed land-based missiles from our 
     arsenal a long time ago. I'd be happy to put that mission on 
     the submarines. So, with a significant fraction of bombers 
     having a nuclear weapons capability that can be restored to 
     alert very quickly, and with even a small component of 
     Trident submarines--with all those missiles and all those 
     warheads on patrol--it's hard to imagine we couldn't get 
     by.''.
       (16) While a sudden ``bolt from the blue'' first strike 
     from a near-peer nuclear adversary is a highly unlikely 
     scenario, extending the Minuteman III would maintain the 
     purported role of the intercontinental ballistic missile leg 
     of the triad to absorb such an attack.
       (c) Statement of Policy on Extension of Lifespan of 
     Minuteman III and Developing a Vaccine of Mass Prevention.--
     It is the policy of the United States that--
       (1) the operational life of the Minuteman III missiles can 
     be safely extended until at least 2050; and
       (2) investments in developing a universal coronavirus 
     vaccine and efforts to save lives from other types of 
     infectious diseases are a better use of United States 
     taxpayer resources than building a new and unnecessary 
     intercontinental ballistic missile.
       (d) Availability of Funds for Vaccines Instead of 
     Missiles.--
       (1) Transfer from department of defense.--Of the 
     unobligated balances of appropriations made available for the 
     Department of Defense for the research, development, test, 
     and evaluation of the LGM-35A Sentinel weapon system, the 
     Secretary of Defense shall transfer $1,000,000,000 to the 
     National Institute of Allergy and Infectious Diseases to 
     conduct or support comprehensive research for the development 
     of a universal coronavirus vaccine.
       (2) Transfer from national nuclear security 
     administration.--The Secretary of Energy shall transfer all 
     unobligated balances of appropriations made available for the 
     National Nuclear Security Administration for the W87-1 
     warhead modification program to the Centers for Disease 
     Control and Prevention to research and combat emerging and 
     zoonotic infectious diseases.
       (e) Prohibition on Use of Funds for LGM-35A Sentinel Weapon 
     System and W87-1 Warhead Modification Program.--None of the 
     funds authorized to be appropriated or otherwise made 
     available for fiscal year 2024 may be obligated or expended 
     for the LGM-35A Sentinel weapon system or the W87-1 warhead 
     modification program.
       (f) Independent Study on Extension of Minuteman III 
     Intercontinental Ballistic Missiles.--
       (1) Independent study.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall seek to enter into a contract with the National Academy 
     of Sciences to conduct a study on extending the life of 
     Minuteman III intercontinental ballistic missiles to 2050.
       (2) Matters included.--The study under paragraph (1) shall 
     include the following:
       (A) A comparison of the costs through 2050 of--
       (i) extending the life of Minuteman III intercontinental 
     ballistic missiles; and
       (ii) deploying the LGM-35A Sentinel weapon system.
       (B) An analysis of opportunities to incorporate 
     technologies into the Minuteman III intercontinental 
     ballistic missile program as part of a service life extension 
     program that could also be incorporated in the future LGM-35A 
     Sentinel weapon system, including, at a minimum, 
     opportunities to increase the resilience against adversary 
     missile defenses.
       (C) An analysis of the benefits and risks of incorporating 
     sensors and nondestructive testing methods and technologies 
     to reduce destructive testing requirements and increase the 
     service life and number of Minuteman III missiles through 
     2050.
       (D) An analysis and validation of the methods used to 
     estimate the operational service life of Minuteman II and 
     Minuteman III motors, taking into account the test and launch 
     experience of motors retired after the operational service 
     life of such motors in the rocket systems launch program.
       (E) An analysis of the risks and benefits of alternative 
     methods of estimating the operational service life of 
     Minuteman III motors, such as those methods based on 
     fundamental physical and chemical processes and 
     nondestructive measurements of individual motor properties.
       (F) An analysis of risks, benefits, and costs of 
     configuring a Trident II D5 submarine launched ballistic 
     missile for deployment in a Minuteman III silo.
       (G) An analysis of the impacts of the estimated service 
     life of the Minuteman III force associated with decreasing 
     the deployed intercontinental ballistic missiles delivery 
     vehicle force from 400 to 300.
       (H) An assessment on the degree to which the Columbia class 
     ballistic missile submarines will possess features that will 
     enhance the current invulnerability of ballistic missile 
     submarines of the United States to future antisubmarine 
     warfare threats.
       (I) An analysis of the degree to which an extension of the 
     Minuteman III would impact the decision of Russian Federation 
     to target intercontinental ballistic missiles of the United 
     States in a crisis, as compared to proceeding with the LGM-
     35A Sentinel weapon system.
       (J) A best case estimate of what percentage of the 
     strategic forces of the United States would survive a 
     counterforce strike from the Russian Federation, broken down 
     by intercontinental ballistic missiles, ballistic missile 
     submarines, and heavy bomber aircraft.
       (K) The benefits, risks, and costs of relying on the W-78 
     warhead for either the Minuteman III or a new LGM-35A 
     Sentinel weapon system missile as compared to proceeding with 
     the W-87 life extension.
       (L) The benefits, risks, and costs of adding additional 
     launchers or uploading submarine-launched ballistic missiles 
     with additional warheads to compensate for a reduced 
     deployment of intercontinental ballistic missiles of the 
     United States.
       (3) Submission to department of defense.--Not later than 
     180 days after the date of the enactment of this Act, the 
     National Academy of Sciences shall submit to the Secretary a 
     report containing the study conducted under paragraph (1).
       (4) Submission to congress.--Not later than 210 days after 
     the date of the enactment of this Act, the Secretary shall 
     transmit to the appropriate congressional committees the 
     report required by paragraph (3), without change.
       (5) Form.--The report required by paragraph (3) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (g) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     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 596. Mr. PADILLA (for himself and Mrs. Feinstein) 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 of division A, insert 
     the following:

      Subtitle H--Tule River Tribe Served Water Rights Settlement

     SEC. 1083. PURPOSES.

       The purposes of this subtitle are--
       (1) to achieve a fair, equitable, and final settlement of 
     claims to water rights in the State of California for--
       (A) the Tule River Tribe; and
       (B) the United States, acting as trustee for the Tribe;

[[Page S2709]]

       (2) to authorize, ratify, and confirm the 2007 Agreement 
     entered by the Tribe, the South Tule Independent Ditch 
     Company, and the Tule River Association, to the extent that 
     the 2007 Agreement is consistent with this subtitle;
       (3) to authorize and direct the Secretary--
       (A) to execute the 2007 Agreement, with amendments to 
     facilitate implementation and approval of the 2007 Agreement; 
     and
       (B) to take any other actions necessary to carry out the 
     2007 Agreement in accordance with this subtitle;
       (4) to authorize funds necessary for the implementation of 
     the 2007 Agreement and this subtitle; and
       (5) to authorize the transfer of certain lands to the 
     Tribe, to be held in trust.

     SEC. 1084. DEFINITIONS.

       (a) In General.--In this subtitle:
       (1) 2007 agreement.--The term ``2007 Agreement'' means--
       (A) the agreement dated November 21, 2007, as amended on 
     April 22, 2009, between the Tribe, the South Tule Independent 
     Ditch Company, and the Tule River Association, and exhibits 
     attached thereto; and
       (B) any amendment to the Agreement referred to in 
     subparagraph (A) (including an amendment to any exhibit) that 
     is executed in accordance with section 1085(a)(2).
       (2) Court.--The term ``Court'' means the United States 
     District Court for the Eastern District of California, unless 
     otherwise specified herein.
       (3) Divert; diversion.--The terms ``divert'' and 
     ``diversion'' mean to remove water from its natural course or 
     location by means of a ditch, canal, flume, bypass, pipeline, 
     conduit, well, pump, or other structure or device, or act of 
     a person.
       (4) Downstream water users.--The term ``Downstream Water 
     Users'' means--
       (A) the Tule River Association and its successors and 
     assigns;
       (B) the South Tule Independent Ditch Company and its 
     successors and assigns; and
       (C) any and all other holders of water rights in the South 
     Fork Tule River Basin.
       (5) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 1092.
       (6) OM&R.--
       (A) In general.--The term ``OM&R'' means operation, 
     maintenance, and replacement.
       (B) Inclusions.--The term ``OM&R'' includes--
       (i) any recurring or ongoing activity relating to the day-
     to-day operation of a project;
       (ii) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (iii) any activity relating to repairing or replacing a 
     feature of a project.
       (7) Operation rules.--The term ``Operation Rules'' means 
     the rules of operation for the Phase I Reservoir, as 
     established in accordance with the 2007 Agreement and this 
     subtitle.
       (8) Parties.--The term ``Parties'' means the signatories to 
     the 2007 Agreement, including the Secretary.
       (9) Phase i reservoir.--The term ``Phase I Reservoir'' 
     means the reservoir described in either section 3.4.B.(1) or 
     section 3.4.B.(2) of the 2007 Agreement.
       (10) Reservation; tule river reservation.--The terms 
     ``Reservation'' and ``Tule River Reservation'' mean the 
     reservation of lands set aside for the Tribe by the Executive 
     Orders of January 9, 1873, October 3, 1873, and August 3, 
     1878, including lands added to the Reservation pursuant to 
     section 1089.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) South tule independent ditch company.--The term 
     ``South Tule Independent Ditch Company'' means the nonprofit 
     mutual water company incorporated in 1895 that has claims to 
     ownership of water rights dating back to 1854, which provides 
     water diverted from the South Fork of the Tule River to its 
     shareholders on lands downstream from the Tule River 
     Reservation.
       (13) Tribal water right.--The term ``Tribal Water Right'' 
     means the water rights ratified, confirmed, and declared to 
     be valid for the benefit of the Tribe as set forth and 
     described in the 2007 Agreement and this subtitle.
       (14) Tribe.--The term ``Tribe'' means the Tule River Indian 
     Tribe of the Tule River Reservation, California, a federally 
     recognized Indian Tribe.
       (15) Trust fund.--The term ``Trust Fund'' means the Tule 
     River Indian Tribe Settlement Trust Fund established under 
     section 1087(a).
       (16) Tule river association.--
       (A) In general.--The term ``Tule River Association'' means 
     the association formed by agreement in 1965, the members of 
     which are representatives of all pre-1914 appropriative and 
     certain riparian water right holders of the Tule River at and 
     below the Richard L. Schafer Dam and Reservoir.
       (B) Inclusions.--The term ``Tule River Association'' 
     includes the Pioneer Water Company, the Vandalia Irrigation 
     District, the Porterville Irrigation District, and the Lower 
     Tule River Irrigation District.
       (17) Water development project.--The term ``Water 
     Development Project'' means a project for domestic, 
     commercial, municipal, and industrial water supply, including 
     but not limited to water treatment, storage, and distribution 
     infrastructure, to be constructed, in whole or in part, using 
     monies from the Trust Fund.
       (b) Definitions of Other Terms.--Any other term used in 
     this subtitle but not defined in subsection (a)--
       (1) has the meaning given the term in the 2007 Agreement; 
     or
       (2) if no definition for the term is provided in the 2007 
     Agreement, shall be used in a manner consistent with its use 
     in the 2007 Agreement.

     SEC. 1085. RATIFICATION OF 2007 AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this subtitle and to 
     the extent that the 2007 Agreement does not conflict with 
     this subtitle, the 2007 Agreement is authorized, ratified, 
     and confirmed.
       (2) Amendments.--
       (A) General amendments.--If an amendment to the 2007 
     Agreement, or to any exhibit attached to the 2007 Agreement 
     requiring the signature of the Secretary, is executed in 
     accordance with this subtitle to make the 2007 Agreement 
     consistent with this subtitle, the amendment is authorized, 
     ratified, and confirmed.
       (B) Specific amendments.--
       (i) Substitute sites.--If a substitute site for the Phase I 
     Reservoir is identified by the Tribe pursuant to section 
     3.4.B.(2)(a) of the 2007 Agreement, then amendments related 
     to the Operation Rules are authorized, ratified, and 
     confirmed, to the extent that such Amendments are consistent 
     with the 2007 Agreement and this subtitle.
       (ii) Priority date.--Amendments agreed to by the Parties to 
     establish that the priority date for the Tribal Water Right 
     is no later than January 9, 1873, is authorized, ratified, 
     and confirmed.
       (iii) Senior water rights.--Amendments agreed to by the 
     Parties to accommodate senior water rights of those 
     Downstream Water Users described in section 1084(a)(4)(C) are 
     authorized, ratified, and confirmed, to the extent that the 
     Court finds any such Downstream Water Users possess senior 
     water rights that can be accommodated only by amendment of 
     the 2007 Agreement.
       (iv) Other amendments.--Other amendments agreed to by the 
     Parties to facilitate implementation and approval of the 2007 
     Agreement are authorized, ratified, and confirmed, to the 
     extent that such amendments are otherwise consistent with 
     this subtitle and with other applicable law.
       (b) Execution.--
       (1) In general.--To the extent the 2007 Agreement does not 
     conflict with this subtitle, the Secretary shall execute the 
     2007 Agreement, in accordance with paragraph (2), including 
     all exhibits to, or parts of, the 2007 Agreement requiring 
     the signature of the Secretary.
       (2) Timing.--The Secretary shall not execute the 2007 
     Agreement until--
       (A) the Parties agree on amendments related to the priority 
     date for the Tribal Water Right; and
       (B) either--
       (i) the Tribe moves forward with the Phase I Reservoir 
     described in section 3.4.B.(1) of the 2007 Agreement; or
       (ii) if the Tribe selects a substitute site pursuant to 
     section 3.4.B.(2) of the 2007 Agreement, either--

       (I) the Parties agree on Operation Rules; or
       (II) the Secretary determines, in the discretion of the 
     Secretary, that the Parties have reached an impasse in 
     attempting to negotiate the Operation Rules.

       (3) Modifications.--Nothing in this subtitle prohibits the 
     Secretary, after execution of the 2007 Agreement, from 
     approving any modification to the 2007 Agreement, including 
     any exhibit to the 2007 Agreement, that is consistent with 
     this subtitle, to the extent that the modification does not 
     otherwise require congressional approval under section 2116 
     of the Revised Statutes (25 U.S.C. 177) or any other 
     applicable provision of Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the 2007 Agreement and 
     this subtitle, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the 2007 Agreement and 
     this subtitle, the Tribe shall prepare any necessary 
     environmental documents, consistent with all applicable 
     provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4231 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the 2007 
     Agreement by the Secretary under this section shall not 
     constitute a major Federal action for purposes of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities under this subsection shall be paid 
     from funds deposited in the Trust Fund, subject to the 
     condition that any costs associated with

[[Page S2710]]

     the performance of Federal approval or other review of such 
     compliance work or costs associated with inherently Federal 
     functions shall remain the responsibility of the Secretary.

     SEC. 1086. TRIBAL WATER RIGHT.

       (a) Confirmation of Tribal Water Right.--
       (1) In general.--The Tribal Water Right is ratified, 
     confirmed, and declared valid.
       (2) Quantification.--The Tribal Water Right includes the 
     right to divert and use or permit the diversion and use of up 
     to 5,828 acre-feet per year of surface water from the South 
     Fork Tule River, as described in the 2007 Agreement and as 
     confirmed in the decree entered by the Court pursuant to 
     subsections (b) and (c) of section 1093.
       (3) Use.--Any diversion, use, and place of use of the 
     Tribal Water Right shall be subject to the terms and 
     conditions of the 2007 Agreement and this subtitle.
       (b) Trust Status of Tribal Water Right.--The Tribal Water 
     Right--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Tribe in accordance with this subtitle; 
     and
       (2) shall not be subject to loss through non-use, 
     forfeiture, abandonment, or other operation of law.
       (c) Authority of the Tule River Tribe.--
       (1) In general.--The Tule River Tribe shall have the 
     authority to allocate and distribute the Tribal Water Right 
     for use on the Reservation in accordance with the 2007 
     Agreement, this subtitle, and applicable Federal law.
       (d) Administration.--
       (1) No alienation.--The Tribe shall not permanently 
     alienate any portion of the Tribal Water Right.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this subtitle for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this subtitle shall be considered to satisfy any 
     requirement for authorization of the action by treaty or 
     convention imposed by section 2116 of the Revised Statutes 
     (25 U.S.C. 177).
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal Water Right by any water user shall not 
     result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Tribal Water Right.

     SEC. 1087. TULE RIVER TRIBE TRUST ACCOUNTS.

       (a) Establishment.--The Secretary shall establish a trust 
     fund, to be known as the ``Tule River Indian Tribe Settlement 
     Trust Fund'', to be managed, invested, and distributed by the 
     Secretary and to remain available until expended, withdrawn, 
     or reverted to the general fund of the Treasury, consisting 
     of the amounts deposited in the Trust Fund under subsection 
     (c), together with any interest earned on those amounts, for 
     the purpose of carrying out this subtitle.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following Accounts:
       (1) The Tule River Tribe Water Development Projects 
     Account.
       (2) The Tule River Tribe OM&R Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Tule River Tribe Water Development Projects 
     Account established under subsection (b)(1), the amounts made 
     available pursuant to section 1088(a)(1); and
       (2) in the Tule River Tribe OM&R Account established under 
     subsection (b)(2), the amounts made available pursuant to 
     section 1088(a)(2).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     accounts in the Trust Fund pursuant to subsection (c), the 
     Secretary shall manage, invest, and distribute all amounts in 
     the Trust Fund in accordance with the investment authority of 
     the Secretary under--
       (A) the first section of the Act of June 24, 1938 (52 Stat. 
     1037, chapter 648; 25 U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.
       (2) Investment earnings.--In addition to the deposits under 
     subsection (c), any investment earnings, including interest, 
     credited to amounts held in the Trust Fund are authorized to 
     be used in accordance with subsections (e) and (h).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, including 
     interest, shall be made available to the Tribe by the 
     Secretary beginning on the Enforceability Date and subject to 
     the requirements set forth in this section, except for funds 
     to be made available to the Tribe pursuant to paragraph (2).
       (2) Use of certain funds.--Notwithstanding paragraph (1), 
     $20,000,000 of the amounts deposited in the Tule River Tribe 
     Water Development Projects Account shall be made available to 
     conduct technical studies and related investigations 
     regarding the Phase I Reservoir and to establish appropriate 
     Operation Rules.
       (f) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--The Tribe may withdraw any portion of the 
     amounts in the Trust Fund on approval by the Secretary of a 
     Tribal management plan submitted by the Tribe in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Tribe shall spend all 
     amounts withdrawn from the Trust Fund, and any investment 
     earnings accrued through the investments under the Tribal 
     management plan, in accordance with this subtitle.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan under this 
     paragraph to ensure that amounts withdrawn by the Tribe from 
     the Trust Fund under this paragraph are used in accordance 
     with this subtitle.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--The Tribe may submit to the Secretary a 
     request to withdraw amounts from the Trust Fund pursuant to 
     an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under this paragraph, the Tribe shall 
     submit to the Secretary an expenditure plan for any portion 
     of the Trust Fund that the Tribe elects to withdraw pursuant 
     to this subparagraph, subject to the condition that the 
     amounts shall be used for the purposes described in this 
     subtitle.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Tribe in accordance with subsections 
     (e) and (h).
       (D) Approval.--The Secretary shall approve an expenditure 
     plan submitted under this paragraph if the Secretary 
     determines that the plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this subtitle.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this paragraph are used in accordance 
     with this subtitle.
       (g) Effect of Section.--Nothing in this section gives the 
     Tribe the right to judicial review of a determination of the 
     Secretary relating to whether to approve a Tribal management 
     plan under subsection (f)(1) or an expenditure plan under 
     subsection (f)(2) except under subchapter II of chapter 5, 
     and chapter 7, of title 5, United States Code (commonly known 
     as the ``Administrative Procedure Act'').
       (h) Uses.--Amounts from the Trust Fund may only be used by 
     the Tribe for the following purposes:
       (1) The Tule River Tribe Water Development Projects Account 
     may only be used to plan, design, and construct Water 
     Development Projects on the Tule River Reservation, and for 
     the conduct of related activities, including for 
     environmental compliance in the development and construction 
     of projects under this subtitle.
       (2) The Tule River Tribe OM&R Account may only be used for 
     the OM&R of Water Development Projects.
       (i) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Tribe under paragraphs (1) and (2) of subsection (f).
       (j) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Trust Fund shall remain in the Tribe.
       (k) Operation, Maintenance, & Replacement.--All OM&R costs 
     of any project constructed using funds from the Trust Fund 
     shall be the responsibility of the Tribe.
       (l) No Per Capita Distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Tribe.
       (m) Expenditure Report.--The Tule River Tribe shall 
     annually submit to the Secretary an expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan under this subtitle.

     SEC. 1088. FUNDING.

       (a) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary--
       (1) for deposit in the Tule River Tribe Water Development 
     Projects Account $518,000,000, to be available until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury; and
       (2) for deposit in the Tule River Tribe OM&R Account 
     $50,000,000, to be available until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (b) Fluctuation in Costs.--
       (1) In general.--The amounts authorized to be appropriated 
     under subsection (a) shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reason of 
     ordinary fluctuations in costs occurring after November 1, 
     2020, as indicated by the Bureau of Reclamation Construction 
     Cost Index--Composite Trend.
       (2) Construction costs adjustment.--The amounts authorized 
     to be appropriated under subsection (a) shall be adjusted to 
     address construction cost changes necessary to account for 
     unforeseen market volatility that

[[Page S2711]]

     may not otherwise be captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing adjustment 
     under this subsection for any increment of funding shall end 
     on the date on which the funds are deposited into the Trust 
     Fund.

     SEC. 1089. TRANSFER OF LAND INTO TRUST.

       (a) Transfer of Land to Trust.--
       (1) In general.--Subject to valid existing rights, and the 
     requirements of this subsection, all right, title, and 
     interest of the United States in and to the land described in 
     paragraph (2) shall be held in trust by the United States for 
     the benefit of the Tribe as part of the Reservation upon the 
     Enforceability Date, provided that the Tribal fee land 
     described in paragraph (2)(C)--
       (A) is free from any liens, encumbrances, or other 
     infirmities; and
       (B) has no existing evidence of any hazardous substances or 
     other environmental liability.
       (2) Lands to be held in trust.--The land referred to in 
     paragraph (1) is the following:
       (A) Bureau of land management lands.--
       (i) Approximately 26.15 acres of land located in T. 22 S., 
     R. 29 E., sec. 35, Lot 9.
       (ii) Approximately 85.50 acres of land located in T. 22 S., 
     R. 29 E., sec. 35, Lots 6 and 7.
       (iii) Approximately 38.77 acres of land located in--

       (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and
       (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7.

       (iv) Approximately 154.9 acres of land located in T. 22 S., 
     R. 30 E., sec. 34, N\1/4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2 
     and 3.
       (v) Approximately 40 acres of land located in T. 22 S., R. 
     30 E., sec. 34, NE\1/4\SE\1/4\.
       (vi) Approximately 375.17 acres of land located in--

       (I) T. 22 S., R. 30 E., sec. 35, S\1/2\NE\1/4\, N\1/2\SE\1/
     4\, and SE\1/4\SE\1/4\, Lots 3, 4, and 6; and
       (II) T. 23 S., R. 30 E., sec. 2, S\1/2\NE\1/4\, Lots 6 and 
     7.

       (vii) Approximately 60.43 acres of land located in--

       (I) T. 22 S., R. 30 E., sec. 35, SW\1/4\SW\1/4\; and
       (II) T. 23 S., R. 30 E., sec. 2, Lot 9.

       (viii) Approximately 15.48 acres of land located in T. 21 
     S., R. 30 E., sec. 31 in that portion of the NW\1/4\ lying 
     between Lots 8 and 9.
       (ix) Approximately 29.26 acres of land located in T. 21 S., 
     R. 30 E., sec. 31, Lot 7.
       (B) Forest service lands.--Approximately 9,037 acres of 
     land comprising the headwaters area of the South Fork Tule 
     River watershed located east of and adjacent to the Tule 
     River Indian Reservation, and more particularly described as 
     follows:
       (i) Commencing at the northeast corner of the Tule River 
     Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount 
     Diablo Base and Meridian, running thence east and then 
     southeast along the ridge of mountains dividing the waters of 
     the South Fork of the Tule River and Middle Fork of the Tule 
     River, continuing south and then southwest along the ridge of 
     mountains dividing the waters of the South Fork of the Tule 
     River and the Upper Kern River until intersecting with the 
     southeast corner of the Tule River Indian Reservation in T. 
     22 S., R. 31 E., sec. 28, thence from such point north along 
     the eastern boundary of the Tule River Indian Reservation to 
     the place of beginning.
       (ii) The area encompasses--

       (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of 
     secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 
     S., R. 31 E.; and
       (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 
     9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E.

       (C) Tribally owned fee lands.--
       (i) Approximately 300 acres of land known as the McCarthy 
     Ranch and more particularly described as follows:

       (I) The SW\1/4\ and that portion of the SE\1/4\ of sec. 9 
     in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the 
     County of Tulare, State of California, according to the 
     official plat thereof, lying south and west of the center 
     line of the South Fork of the Tule River, as such river 
     existed on June 9, 1886, in the County of Tulare, State of 
     California; excepting therefrom an undivided one-half 
     interest in and to the oil, gas, minerals, and other 
     hydrocarbon substances in, on, or under such land, as 
     reserved by Alice King Henderson, a single woman, by Deed 
     dated January 22, 1959, and Recorded February 18, 1959, in 
     Book 2106, page 241, Tulare County Official Records.
       (II) An easement over and across that portion of the SW\1/
     4\ of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and 
     Meridian, County of Tulare, State of California, more 
     particularly described as follows:

       (aa) Beginning at the intersection of the west line of the 
     SW\1/4\ of sec. 10, and the south bank of the South Tule 
     Independent Ditch; thence south 20 rods; thence in an 
     easterly direction, parallel with such ditch, 80 rods; thence 
     north 20 rods, thence westerly along the south bank of such 
     ditch 80 rods to the point of beginning; for the purpose of--
       (AA) maintaining thereon an irrigation ditch between the 
     headgate of the King Ditch situated on such land and the 
     SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 
     S., R. 29 E., lying south and west of the centerline of the 
     South Fork of the Tule River, as such river existed on June 
     9, 1886, in the County of Tulare, State of California; and
       (BB) conveying therethrough water from the South Fork of 
     the Tule River to the SW\1/4\ and that portion of the SE\1/4\ 
     of sec. 9 in T. 22 S., R. 29 E., lying south and west of the 
     centerline of the South Fork of the Tule River, as such river 
     existed on June 9, 1886.
       (bb) The easement described in item (aa) shall follow the 
     existing route of the King Ditch.
       (ii) Approximately 640 acres of land known as the Pierson/
     Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo 
     Base and Meridian, in the County of Tulare, State of 
     California, according to the official plat thereof.
       (iii) Approximately 375.44 acres of land known as the Hyder 
     property and more particularly described as follows:

       (I) That portion of the S\1/2\ of sec. 12 in T. 22 S., R. 
     28 E., Mount Diablo Base and Meridian, in the County of 
     Tulare, State of California, according to the official plat 
     thereof, lying south of the County Road known as Reservation 
     Road, excepting therefrom an undivided one-half interest in 
     all oil, gas, minerals, and other hydrocarbon substances as 
     reserved in the deed from California Lands, Inc., to Lovell 
     J. Wilson and Genevieve P. Wilson, recorded February 17, 
     1940, in book 888, page 116, Tulare County Official Records.
       (II) The NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount 
     Diablo Base and Meridian, in the County of Tulare, State of 
     California, according to the official plat thereof, excepting 
     therefrom the south 1,200 feet thereof.
       (III) The south 1,200 feet of the NW\1/4\ of sec. 13 in T. 
     22 S., R. 28 E., Mount Diablo Base and Meridian, in the 
     County of Tulare, State of California, according to the 
     official plat thereof.

       (iv) Approximately 157.22 acres of land situated in the 
     unincorporated area of the County of Tulare, State of 
     California, known as the Trailor property, and more 
     particularly described as follows: The SW\1/4\ of sec. 11 in 
     T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the 
     unincorporated area of the County of Tulare, State of 
     California, according to the official plat thereof.
       (v) Approximately 89.45 acres of land known as the Tomato 
     Patch in that portion of the SE\1/4\ of sec. 11 in T. 22 S., 
     R. 28 E., Mount Diablo Base and Meridian, in the County of 
     Tulare, State of California, according to the Official Plat 
     of the survey of such land on file in the Bureau of Land 
     Management at the date of the issuance of the patent thereof, 
     and more particularly described as follows: Beginning at the 
     southeast corner of T. 22 S., R. 28 E., sec. 11, thence north 
     and along the east line of such sec. 11, 1,342 feet, thence 
     south 83 44' west 258 feet, thence north 84 30' west 456 
     feet, thence north 65 28' west 800 feet, thence north 68 
     44' west 295 feet, thence south 71 40' west 700 feet, thence 
     south 56 41' west 240 feet to the west line of the SE\1/4\ 
     of such sec. 11, thence south 0 21' west along such west 
     line of the SE\1/4\ of sec. 11, thence west 1,427 feet to the 
     southwest corner of such SE\1/4\ of sec. 11, thence south 89 
     34' east 2,657 feet to the point of beginning, excepting 
     therefrom--

       (I) a strip of land 25 feet in width along the northerly 
     and east sides and used as a County Road; and
       (II) an undivided one-half interest in all oil, gas, and 
     minerals in and under such lands, as reserved in the Deed 
     from Bank of America, a corporation, dated August 14, 1935, 
     filed for record August 28, 1935, Fee Book 11904.

       (vi) Approximately 160 acres of land known as the Smith 
     Mill in the NW\1/4\ of the NE\1/4\, the N\1/2\ of the NW\1/
     4\, and the SE\1/4\ of the NW\1/4\ of sec. 20 in T. 21 S., R. 
     31 E., Mount Diablo Base and Meridian, in the County of 
     Tulare, State of California, according to the official plat 
     thereof.
       (vii) Approximately 35 acres of land located within the 
     exterior boundaries of the Tule River Reservation known as 
     the Highway 190 parcel, with the legal description as 
     follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount 
     Diablo Base and Meridian, in the County of Tulare, State of 
     California, according to the official plat thereof, and more 
     particularly described as follows: Commencing at a point in 
     the south line of the N\1/2\ of the S\1/2\ of such sec. 19, 
     such point being south 89 54' 47" east, 1,500 feet of the 
     southwest corner of such N\1/2\, thence north 52 41' 17" 
     east, 1602.80 feet to the true point of beginning of the 
     parcel to be described, thence north 32 02' 00" west, 
     1,619.53 feet to a point in the southeasterly line of State 
     Highway 190 per deeds recorded May 5, 1958, in Book 2053, 
     pages 608 and 613, Tulare County Official Records, thence 
     north 57 58' 00" east, 232.29 feet, thence north 66 33' 24" 
     east, 667.51 fee, thence departing the southeasterly line of 
     such Highway 190, south 44 53' 27" east, 913.62 feet, thence 
     south 85 53' 27" east, 794.53 feet, thence south 52 41' 17" 
     west, 1,744.64 feet to the true point of beginning.
       (viii) Approximately 61.91 acres of land located within the 
     exterior boundaries of the Tule River Reservation known as 
     the Shan King property, with the legal description as 
     follows:

       (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the 
     County of Tulare, State of California, as per the map 
     recorded in Book 41, page 32 of Tulare County Records.
       (II)(aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 
     19, Mount Diablo Base and Meridian, in the County of Tulare, 
     State of California, described as follows: Commencing at a 
     point in the south line of the N\1/2\ of the

[[Page S2712]]

     S\1/2\ of such sec. 19, such point being south 89 54' 58'' 
     east, 1,500 feet of the southwest corner of such N\1/2\, 
     thence north 52 41' 06'' east, 1602.80 feet to the 
     southwesterly corner of the 40-acre parcel shown on the 
     Record of Survey recorded in Book 18, page 17, of Licensed 
     Surveys, Tulare County Records, thence, north 32 01' 28" 
     west, 542.04 feet along the southwesterly line of such 40-
     acre parcel to the true point of beginning of the parcel to 
     be described, thence, continuing north 32 01' 28" west, 
     1,075.50 feet to the northwesterly corner of such 40-acre 
     parcel, thence north 57 58' 50" east, 232.31 feet along the 
     southeasterly line of State Highway 190, thence north 66 34' 
     12'' east, 6.85 feet, thence, departing the southeasterly 
     line of State Highway 190 south 29 27' 29" east, 884.73 
     feet, thence south 02 59' 33" east, 218 feet, thence south 
     57 58' 31" west, 93.67 feet to the true point of beginning.
       (bb) The property described in item (aa) is subject to a 
     100-foot minimum building setback from the right-of-way of 
     Highway 190.
       (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 
     19, Mount Diablo Base and Meridian, County of Tulare, State 
     of California, described as follows: Beginning at a point in 
     the south line of the N\1/2\ of the S\1/2\ of such sec. 19, 
     such point being south 89 54' 47" east, 1,500 feet of the 
     southwest corner of such N\1/2\, thence north 7 49' 19" 
     east, 1,205 feet, thence north 40 00' 00" west, 850 feet to 
     a point in the southeasterly line of State Highway 190, per 
     deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, 
     Tulare County Official Records, thence, north 57 58' 00" 
     east, 941.46 feet, along the southeasterly line of such 
     Highway 190, thence departing the southeasterly line of such 
     Highway 190, south 32 02' 00'' east, 1619.53 feet, thence 
     south 52 41' 17" west, 1,602.80 feet to the point of 
     beginning, together with a \3/4\ interest in a water system, 
     as set forth in that certain water system and maintenance 
     agreement recorded April 15, 2005, as document no. 2005-
     0039177.

       (ix) Approximately 18.44 acres of land located within the 
     exterior boundaries of the Tule River Reservation known as 
     the Parking Lot 4 parcel with the legal description as 
     follows: That portion of the land described in that Grant 
     Deed to Tule River Indian Tribe, recorded June 1, 2010, as 
     document number 2010-0032879, Tulare County Official Records, 
     lying within the following described parcel: beginning at a 
     point on the east line of the NW\1/4\ of sec. 3 in T. 22 S., 
     R. 28 E., Mount Diablo Meridian, lying south 0 49' 43" west, 
     1670.53 feet from the N\1/4\ corner of such sec. 3, thence 
     (1) south 89 10' 17" east, 46.50 feet; thence (2) north 0 
     49' 43" east, 84.08 feet; thence (3) north 33 00' 00" west, 
     76.67 feet to the south line of State Route 190 as described 
     in that Grant Deed to the State of California, recorded 
     February 14, 1958, in Volume 2038, page 562, Tulare County 
     Official Records; thence (4) north 0 22' 28'' east, 73.59 
     feet to the north line of the SE\1/4\ of the NW\1/4\ of such 
     sec. 3; thence (5) south 89 37' 32" east, along such north 
     line, 89.77 feet to the center-north sixteenth corner of such 
     sec. 3; thence (6) south 0 49' 43" west, along such east 
     line of the NW\1/4\ of such sec. 3, a distance of 222.06 feet 
     to the point of beginning. Containing 0.08 acres, more or 
     less, in addition to that portion lying within Road 284. 
     Together with the underlying fee interest, if any, contiguous 
     to the above-described property in and to Road 284. This 
     conveyance is made for the purpose of a freeway and the 
     grantor hereby releases and relinquishes to the grantee any 
     and all abutter's rights including access rights, appurtenant 
     to grantor's remaining property, in and to such freeway. 
     Reserving however, unto grantor, grantor's successors or 
     assigns, the right of access to the freeway over and across 
     Courses (1) and (2) herein above described. The bearings and 
     distances used in this description are on the California 
     Coordinate System of 1983, Zone 4. Divide distances by 
     0.999971 to convert to ground distances.
       (b) Terms and Conditions.--
       (1) Existing authorizations.--Any Federal land transferred 
     under this section shall be conveyed and taken into trust 
     subject to valid existing rights, contracts, leases, permits, 
     and rights-of-way, unless the holder of the right, contract, 
     lease, permit, or right-of-way requests an earlier 
     termination in accordance with existing law. The Bureau of 
     Indian Affairs shall assume all benefits and obligations of 
     the previous land management agency under such existing 
     rights, contracts, leases, permits, or rights-of-way, and 
     shall disburse to the Tribe any amounts that accrue to the 
     United States from such rights, contracts, leases, permits, 
     or rights-of-ways after the date of transfer from any sale, 
     bonus, royalty, or rental relating to that land in the same 
     manner as amounts received from other land held by the 
     Secretary in trust for the Tribe.
       (2) Improvements.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on lands 
     transferred under this section shall remain the property of 
     the holder and shall be removed not later than 90 days after 
     the date on which the right, contract, lease, permit, or 
     right-of-way expires, unless the Tribe and the holder agree 
     otherwise. Any such property remaining beyond the 90-day 
     period shall become the property of the Tribe and shall be 
     subject to removal and disposition at the Tribe's discretion. 
     The holder shall be liable for the costs the Tribe incurs in 
     removing and disposing of the property.
       (c) Withdrawal of Federal Lands.--
       (1) In general.--Subject to valid existing rights, 
     effective on the date of enactment of this Act, all Federal 
     lands within the parcels described in subsection (a)(2) are 
     withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (2) Expiration.--The withdrawals pursuant to paragraph (1) 
     shall terminate on the date that the Secretary takes the 
     lands into trust for the benefit of the Tribe pursuant to 
     subsection (a)(1).
       (d) Technical Corrections.--Notwithstanding the 
     descriptions of the parcels of land in subsection (a)(2), the 
     United States may, with the consent of the Tribe, make 
     technical corrections to the legal land descriptions to more 
     specifically identify the parcels to be exchanged.
       (e) Survey.--
       (1) Unless the United States or the Tribe requests an 
     additional survey for the transferred land or a technical 
     correction is made under subsection (d), the description of 
     land under this section shall be controlling.
       (2) If the United States or the Tribe requests an 
     additional survey, that survey shall control the total 
     acreage to be transferred into trust under this section.
       (3) The Secretary or the Secretary of Agriculture shall 
     provide such assistance as may be appropriate--
       (A) to conduct additional surveys of the transferred land; 
     and
       (B) to satisfy administrative requirements necessary to 
     accomplish the land transfers under this section.
       (f) Date of Transfer.--The Secretary shall issue trust 
     deeds for all land transfers under this section by not later 
     than 10 years after the Enforceability Date.
       (g) Restriction on Gaming.--Lands taken into trust pursuant 
     to this section shall not be considered to have been taken 
     into trust for, nor eligible for, class II gaming or class 
     III gaming (as those terms are defined in section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703)).
       (h) Status of Water Rights on Transferred Lands.--Any water 
     rights associated with lands transferred pursuant to 
     subparagraphs (A) through (C) of subsection (a)(2) shall be 
     held in trust for the Tribe but shall not be included in the 
     Tribal Water Right.

     SEC. 1090. SATISFACTION OF CLAIMS.

       The benefits provided under this subtitle shall be in 
     complete replacement of, complete substitution for, and full 
     satisfaction of any claim of the Tribe against the United 
     States that is waived and released by the Tribe under section 
     1091(a).

     SEC. 1091. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waivers and releases of claims by the tribe and the 
     united states as trustee for the tribe.--Subject to the 
     reservation of rights and retention of claims set forth in 
     subsection (c), as consideration for recognition of the 
     Tribe's Tribal Water Right and other benefits described in 
     the 2007 Agreement and this subtitle, the Tribe and the 
     United States, acting as trustee for the Tribe, shall execute 
     a waiver and release of all claims for the following:
       (A) All claims for water rights within the State of 
     California based on any and all legal theories that the Tribe 
     or the United States acting as trustee for the Tribe, 
     asserted or could have asserted in any proceeding, including 
     a general stream adjudication, on or before the 
     Enforceability Date, except to the extent that such rights 
     are recognized in the 2007 Agreement and this subtitle.
       (B) All claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion, or taking 
     of water rights (including claims for injury to lands 
     resulting from such damages, losses, injuries, interference 
     with, diversion, or taking of water rights) within California 
     against the State, or any person, entity, corporation, or 
     municipality, that accrued at any time up to and including 
     the Enforceability Date.
       (2) Waiver and release of claims by the tribe against the 
     united states.--Subject to the reservation of rights and 
     retention of claims under subsection (c), the Tribe shall 
     execute a waiver and release of all claims against the United 
     States (including any agency or employee of the United 
     States) for water rights within the State of California first 
     arising before the Enforceability Date relating to--
       (A) water rights within the State of California that the 
     United States, acting as trustee for the Tribe, asserted or 
     could have asserted in any proceeding, including a general 
     stream adjudication, except to the extent that such rights 
     are recognized as part of the Tribal Water Right under this 
     subtitle;
       (B) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (C) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights, due to loss of water or water 
     rights, claims relating to interference with, diversion, or 
     taking of water, or claims relating to a failure to protect, 
     acquire, replace, or develop water, water rights, or water 
     infrastructure) within the State of California;
       (D) a failure to establish or provide a municipal rural or 
     industrial water delivery system on the Reservation;

[[Page S2713]]

       (E) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of irrigation projects on the Reservation and 
     other Federal land and facilities (including damages, losses, 
     or injuries to fish habitat, wildlife, and wildlife habitat);
       (F) failure to provide for operation, maintenance, or 
     deferred maintenance for any irrigation system or irrigation 
     project;
       (G) failure to provide a dam safety improvement to a dam on 
     the Reservation;
       (H) the litigation of claims relating to any water rights 
     of the Tribe within the State of California;
       (I) the negotiation, execution, or adoption of the 2007 
     Agreement (including exhibits A-F) and this subtitle;
       (J) the negotiation, execution, or adoption of operational 
     rules referred to in article 3.4 of the 2007 Agreement in 
     connection with any reservoir locations, including any claims 
     related to the resolution of operational rules pursuant to 
     the dispute resolution processes set forth in the article 8 
     of the 2007 Agreement, including claims arising after the 
     Enforceability Date; and
       (K) claims related to the creation or reduction of the 
     Reservation, including any claims relating to the failure to 
     ratify any treaties and any claims that any particular lands 
     were intended to be set aside as a permanent homeland for the 
     Tribe but were not included as part of the present 
     Reservation.
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the Enforceability Date.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Tribe and the United States, acting as trustee for 
     the Tribe, shall retain--
       (1) all claims relating to the enforcement of, or claims 
     accruing after the Enforceability Date relating to water 
     rights recognized under the 2007 Agreement, any final court 
     decree entered in the Federal District Court for the Eastern 
     District of California, or this subtitle;
       (2) all claims relating to the right to use and protect 
     water rights acquired after the date of enactment of this 
     Act;
       (3) claims regarding the quality of water under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
     claims for damages to natural resources;
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act''); 
     and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (4) all claims for damage, loss, or injury to land or 
     natural resources that are not due to loss of water or water 
     rights, including hunting, fishing, gathering, or cultural 
     rights; and
       (5) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     subtitle or the 2007 Agreement.
       (d) Effect of 2007 Agreement and Act.--Nothing in the 2007 
     Agreement or this subtitle--
       (1) affects the authority of the Tribe to enforce the laws 
     of the Tribe, including with respect to environmental 
     protections or reduces or extends the sovereignty (including 
     civil and criminal jurisdiction) of any government entity;
       (2) affects the ability of the United States, acting as 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (E) any regulations implementing the Acts described in 
     subparagraphs (A) through (D);
       (3) affects the ability of the United States to act as 
     trustee for any other Indian Tribe or an allottee of any 
     other Indian Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law regarding health, safety, or 
     the environment;
       (C) to conduct judicial review of any Federal agency 
     action; or
       (D) to interpret Tribal law; or
       (5) waives any claim of a member of the Tribe in an 
     individual capacity that does not derive from a right of the 
     Tribe.
       (e) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     Enforceability Date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (3) Limitation.--Nothing in this section precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.
       (f) Expiration.--
       (1) In general.--This subtitle shall expire in any case in 
     which the Secretary fails to publish a statement of findings 
     under section 1092 by not later than--
       (A) 8 years from the date of enactment of this Act; or
       (B) such alternative later date as is agreed to by the 
     Tribe and the Secretary, after providing reasonable notice to 
     the State of California.
       (2) Consequences.--If this subtitle expires under paragraph 
     (1)--
       (A) the waivers and releases under subsection (a) shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the 2007 Agreement under section 1085 shall no 
     longer be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into pursuant to this subtitle, 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     subtitle, together with any interest earned on those funds, 
     and any water rights or contracts to use water and title to 
     other property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this subtitle shall be returned to the Federal 
     Government, unless otherwise agreed to by the Tribe and the 
     United States and approved by Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     subtitle that were expended or withdrawn, or any funds made 
     available to carry out this subtitle from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State of California asserted by--

       (aa) the Tribe; or
       (bb) any user of the Tribal Water Right; or

       (II) any other matter covered by subsection (a)(2); or

       (ii) in any future settlement of water rights of the Tribe.

     SEC. 1092. ENFORCEABILITY DATE.

       The Enforceability Date shall be the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings that--
       (1) to the extent that the 2007 Agreement conflicts with 
     the subtitle, the 2007 Agreement has been amended to conform 
     with this subtitle;
       (2) the 2007 Agreement, so revised, includes waivers and 
     releases of claims set forth in section 1091 and has been 
     executed by the parties, including the United States;
       (3) a final judgment and decree approving the 2007 
     Agreement, including Operation Rules, and binding all parties 
     to the action has been entered by the Court, and all appeals 
     have been exhausted;
       (4) all of the amounts authorized to be appropriated under 
     section 1088(a) have been appropriated and deposited in the 
     designated accounts; and
       (5) the waivers and releases under section 1091(a) have 
     been executed by the Tribe and the Secretary.

     SEC. 1093. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCEABILITY.

       (a) In General.--
       (1) Lawsuit.--1 or more Parties may file suit in the Court 
     requesting the entry of a final judgement and decree 
     approving the Tribal Water Right and the 2007 Agreement, 
     provided that no such suit shall be filed until after--
       (A) the Tribe has confirmed that the Phase I Reservoir will 
     be sited at the location described in section 3.4.B.(1) of 
     the 2007 Agreement and that Exhibit E governs operation of 
     the Phase I Reservoir; or
       (B) the Tribe has selected a substitute site for the Phase 
     I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 
     Agreement and--
       (i) the Parties have agreed on Operation Rules and the 
     Secretary has executed the 2007 Agreement; or
       (ii) if the Parties have reached an impasse in attempting 
     to negotiate Operation Rules, at least 1 Party has developed 
     proposed Operation Rules to submit for judicial review and 
     approval, and has shared the proposed Operation Rules with 
     the other Parties at least 90 days in advance of filing the 
     lawsuit.
       (2) Joining united states as party.--Where suit is filed 
     pursuant to this subsection, including the satisfaction of 
     the requirements in subparagraph (A) or (B) of paragraph (1), 
     the United States may be joined in litigation for the 
     purposes set forth in this section.
       (b) Judicial Approval.--The Court shall have exclusive 
     jurisdiction to review and determine whether to approve the 
     Tribal Water Right and the 2007 Agreement, and on doing so 
     over any cause of action initiated by any Party arising from 
     a dispute over the interpretation of the 2007 Agreement or 
     this subtitle, and any cause of action initiated by any Party 
     for the enforcement of the 2007 Agreement.
       (c) Failure To Agree on Operation Rules.--
       (1) In general.--Subject to subsection (a)(1)(B)(ii), the 
     Court shall have jurisdiction over a cause of action that a 
     Party initiates

[[Page S2714]]

     to establish Operation Rules, where the Parties failed to 
     reach agreement on such Operation Rules.
       (2) Voluntary dispute resolution.--If a suit is filed under 
     paragraph (1), the Court shall refer the Parties to the 
     voluntary dispute resolution program of the Court.
       (3) Court selection of operation rules.--
       (A) In general.--If the voluntary dispute resolution 
     program does not, after a reasonable amount of time as 
     determined by the Court, result in agreed-on Operation Rules, 
     the Court shall set a deadline by which any Party or 
     Downstream Water User may submit proposed Operation Rules 
     and, after briefing and hearing evidence, select among the 
     proffered Operation Rule based on the criteria set forth in 
     paragraph (4).
       (B) Implementation of agreed-on operation rules.--Once the 
     Court selects Operation Rules pursuant to subparagraph (A), 
     such Operation Rules shall thereafter control and shall be 
     implemented by the Parties pursuant to the terms directed by 
     the Court.
       (4) Criteria for court selection of operation rules.--
       (A) In general.--The Court shall select the proffered 
     Operation Rules that, if implemented, would be the most 
     effective in--
       (i) regulating the flows in the South Tule River to comply 
     with the terms contained in the 2007 Agreement and the 
     following diversion limits, where the South Tule Independent 
     Ditch Company's point of diversion is the point of 
     measurement, including--

       (I) where the natural flow is less than 3 cubic feet per 
     second (referred to in this clause as ``cfs''), the Tribe has 
     a right to 1 cfs;
       (II) where the natural flow is greater than or equal to 3 
     cfs and less than 5 cfs, the Tribe has a right to 1\1/2\ cfs;
       (III) where the natural flow is greater than or equal to 5 
     cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and
       (IV) where the natural flow is greater than or equal to 10 
     cfs, the Tribe has a right to any amount;

       (ii) minimizing adverse impact on the Parties other than 
     the Tribe; and
       (iii) maintaining the right of the Tribe to the reasonable 
     and economic use of water for domestic and stock purposes on 
     the Reservation.
       (B) Consideration of exhibit e.--In applying the criteria 
     set forth in subparagraph (A), the Court should consider the 
     Operation Rules governing the Phase I Reservoir described in 
     section 3.4.B.(1) of the 2007 Agreement, as set forth in 
     Exhibit E to the 2007 Agreement, which the Parties agreed on 
     based on consideration of those criteria.
       (C) Inconsistency of proposed operation rules with 
     criteria.--
       (i) In general.--The Court shall not approve the 2007 
     Agreement if the Court finds that none of the proffered 
     Operation Rules are consistent with the criteria set forth in 
     subparagraph (A).
       (ii) Alternative operation rules.--If the Court finds that 
     none of the proffered Operation Rules are consistent with the 
     criteria set forth in subparagraph (A), the Court may 
     establish an alternate process to allow the Parties to 
     develop alternate Operation Rules that are consistent with 
     those criteria.

     SEC. 1094. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Nothing in this subtitle waives the sovereign immunity of the 
     United States, except as provided in section 1093(a)(2).
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     subtitle quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Tribe.
       (c) Other Water Rights of United States Not Adversely 
     Affected.--Nothing in this subtitle quantifies or diminishes 
     any other water right held by the United States other than as 
     a Downstream Water User.
       (d) Effect on Current Law.--Nothing in this subtitle 
     affects any provision of law (including regulations) in 
     effect on the day before the date of enactment of this Act 
     with respect to pre-enforcement review of any Federal 
     environmental enforcement action.
       (e) Conflict.--In the event of a conflict between the 2007 
     Agreement and this subtitle, this subtitle shall control.

     SEC. 1095. ANTIDEFICIENCY.

        The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     subtitle, including any obligation or activity under the 2007 
     Agreement if adequate appropriations are not provided by 
     Congress expressly to carry out the purposes of this 
     subtitle.
                                 ______
                                 
  SA 597. Mr. PADILLA 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. __. SUPERCOMPUTING FOR SAFER CHEMICALS (SUPERSAFE) 
                   CONSORTIUM.

       (a) Establishment.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator''), in consultation with the heads of 
     relevant Federal agencies (including the Secretary of Health 
     and Human Services and the Secretary of Energy), shall form a 
     consortium, to be known as the ``Supercomputing for Safer 
     Chemicals (SUPERSAFE) Consortium'' (referred to in this 
     section as the ``Consortium''). The Consortium shall include 
     the National Laboratories of the Department of Energy, 
     academic and other research institutions, and other entities, 
     as determined by the Administrator, to carry out the 
     activities described in subsection (b).
       (2) Inclusion of state agencies.--The Administrator shall 
     allow the head of a relevant State agency to join the 
     Consortium on request of the State agency.
       (b) Consortium Activities.--
       (1) In general.--The Consortium shall use supercomputing, 
     machine learning, and other similar capabilities--
       (A) to establish rapid approaches for large-scale 
     identification of toxic substances and the development of 
     safer alternatives to toxic substances by developing and 
     validating computational toxicology methods based on unique 
     high-performance computing, artificial intelligence, machine 
     learning, and precision measurements;
       (B) to address the need to identify safe chemicals for use 
     in consumer and industrial products and in their manufacture 
     to support the move away from toxic substances and toward 
     safe-by-design alternatives; and
       (C) to make recommendations on how the information produced 
     can be applied in risk assessments and other 
     characterizations for use by the Environmental Protection 
     Agency and other agencies in regulatory decisions, and by 
     industry in identifying toxic and safer chemicals.
       (2) Models.--In carrying out paragraph (1), the 
     Consortium--
       (A) shall use supercomputers and other virtual tools to 
     develop, validate, and run models to predict adverse health 
     effects caused by toxic substances and to identify safe 
     chemicals for use in products and manufacturing; and
       (B) may utilize, as needed, appropriate biological test 
     systems to test and evaluate approaches and improve their 
     predictability and reliability in industrial and regulatory 
     applications.
       (c) Public Results.--The Consortium shall make model 
     predictions, along with supporting documentation, available 
     to the public in an accessible format.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) for fiscal year 2023, $20,000,000;
       (2) for fiscal year 2024, $30,000,000; and
       (3) for each of fiscal years 2025 through 2027, 
     $35,000,000.
                                 ______
                                 
  SA 598. Mr. TESTER (for himself, Mr. Rounds, 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, insert the following:

 DIVISION F--PROTECTING AMERICAN AGRICULTURE FROM FOREIGN ADVERSARIES 
                              ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Protecting American 
     Agriculture from Foreign Adversaries Act of 2023''.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Covered foreign person.--
       (A) In general.--Except as provided by subparagraph (B), 
     the term ``covered foreign person''--
       (i) has the meaning given the term ``a person owned by, 
     controlled by, or subject to the jurisdiction or direction of 
     a foreign adversary'' in section 7.2 of title 15, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to ``foreign 
     adversary'' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       (ii) includes an entity that--

       (I) is registered in or organized under the laws of a 
     covered country;
       (II) has a principal place of business in a covered 
     country; or
       (III) has a subsidiary with a principal place of business 
     in a covered country.

       (B) Exclusions.--The term ``covered person'' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       (2) Covered country.--The term ``covered country'' means 
     any of the following:
       (A) The People's Republic of China.
       (B) The Russian Federation.
       (C) The Islamic Republic of Iran.
       (D) The Democratic People's Republic of Korea.
       (3) FinCEN.--The term ``FinCEN'' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.

[[Page S2715]]

  


            TITLE LXI--IDENTIFICATION OF SHELL CORPORATIONS

     SEC. 6101. MODIFICATION OF FINCEN REPORTING REQUIREMENTS.

       (1) In general.--The Director of FinCEN shall identify each 
     reporting company, as defined in section 5336 of title 31, 
     United States Code, that is owned by a covered foreign 
     person.
       (2) Report.--Not later than two business days after 
     identifying a reporting company under paragraph (1), the 
     Director of FinCEN shall provide to the Committee on Foreign 
     Investment in the United States and the Secretary of 
     Agriculture information on such reporting company.

 TITLE LXII--FOREIGN PURCHASES OF AGRICULTURAL LAND AND AGRIBUSINESSES

     SEC. 6201. INVESTIGATIVE ACTIONS.

       (a) Investigative Actions.--Section 4 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3503) is 
     amended to read as follows:

     ``SEC. 4. INVESTIGATIVE ACTIONS.

       ``(a) In General.--The Secretary shall appoint an employee 
     in the Senior Executive Service (as described in section 3131 
     of title 5, United States Code) of the Department of 
     Agriculture to serve as Chief of Operations of Investigative 
     Actions (referred to in this section as the `Chief of 
     Operations'), who shall hire, appoint, and maintain 
     additional employees to monitor compliance with the 
     provisions of this Act.
       ``(b) Chief of Operations.--The Chief of Operations may 
     serve in such position simultaneously with a concurrent 
     position within the Department of Agriculture.
       ``(c) Security.--The Secretary shall--
       ``(1) provide classified storage, meeting, and other 
     spaces, as necessary, for personnel; and
       ``(2) assist personnel in obtaining security clearances.
       ``(d) Duties.--The Chief of Operations shall--
       ``(1) monitor compliance with this Act;
       ``(2) refer noncompliance with this Act to the Secretary, 
     the Farm Service Agency, and any other appropriate authority;
       ``(3) conduct investigations, in coordination with the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Department of the Treasury, the National Security 
     Council, and State and local law enforcement agencies, on 
     malign efforts--
       ``(A) to steal agricultural knowledge and technology; and
       ``(B) to disrupt the United States agricultural base;
       ``(4) seek to enter into memoranda of agreement and 
     memoranda of understanding with the Federal agencies 
     described in paragraph (3)--
       ``(A) to ensure compliance with this Act; and
       ``(B) to prevent the malign efforts described in that 
     paragraph;
       ``(5) refer to the Committee on Foreign Investment in the 
     United States transactions that--
       ``(A) raise potential national security concerns; and
       ``(B) result in agricultural land acquisition by a foreign 
     person that is a citizen of, or headquartered in, as 
     applicable, a foreign entity of concern; and
       ``(6) publish annual reports that summarize the information 
     contained in every report received by the Secretary under 
     section 2 during the period covered by the report.
       ``(e) Administration.--The Chief of Operations shall report 
     to--
       ``(1) the Secretary; or
       ``(2) if delegated by the Secretary, to the Administrator 
     of the Farm Service Agency.''.
       (b) Definition of Foreign Entity of Concern.--Section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``For purposes of this Act--'' and inserting ``In this 
     Act:'';
       (2) in each of paragraphs (1) through (6)--
       (A) by striking ``the term'' and inserting ``The term''; 
     and
       (B) by inserting a paragraph heading, the text of which 
     comprises the term defined in that paragraph;
       (3) by redesignating paragraphs (2) through (6) as 
     paragraphs (3), (4), (6), (7), and (8), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) Foreign entity of concern.--The term `foreign entity 
     of concern' has the meaning given the term `covered foreign 
     person' in section 6002 of the Protecting American 
     Agriculture from Foreign Adversaries Act of 2023.''; and
       (5) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) Malign effort.--The term `malign effort' means any 
     hostile effort undertaken by, at the direction of, on behalf 
     of, or with the substantial support of the government of a 
     foreign entity of concern.''.
       (c) Reports.--The Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 11. REPORTS.

       ``(a) Initial Report.--Not later than 180 days after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a report that describes the progress of the 
     Secretary in implementing the amendments made by subsections 
     (a) and (b) of section 6201 of the Protecting American 
     Agriculture from Foreign Adversaries Act of 2023.
       ``(b) Report on Tracking Covered Transactions.--Not later 
     than 180 days after the date of enactment of this section, 
     the Secretary shall submit to Congress a report on the 
     feasibility of--
       ``(1) establishing a mechanism for quantifying the threats 
     posed by foreign entities of concern to United States food 
     security, biosecurity, food safety, environmental protection, 
     and national defense; and
       ``(2) building, and submitting to the Committee on Foreign 
     Investment in the United States for further review, a 
     rigorous discovery and review process to review transactions 
     described in section 721(a)(4)(B)(vi) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)(vi)).
       ``(c) Yearly Report.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter for the 
     following 10 years, the Secretary shall submit to Congress a 
     report on the activities of the Secretary pursuant to this 
     Act during the year covered by the report.''.

     SEC. 6202. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL 
                   LAND IN THE UNITED STATES BY PERSONS ASSOCIATED 
                   WITH CERTAIN FOREIGN GOVERNMENTS.

       (a) Definitions.--In this section:
       (1) Agricultural land.--
       (A) In general.--The term ``agricultural land'' has the 
     meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (B) Inclusion.--The term ``agricultural land'' includes 
     land described in section 9(1) of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) that is 
     used for ranching purposes.
       (2) United states.--The term ``United States'' includes any 
     State, territory, or possession of the United States.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary to prohibit the purchase or lease by covered 
     foreign persons of--
       (1) public agricultural land that is owned by the United 
     States and administered by the head of any Federal department 
     or agency, including the Secretary, the Secretary of the 
     Interior, and the Secretary of Defense; or
       (2) private agricultural land located in the United States.
       (c) Implementation.--The President may 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 subsection (b).
       (d) Penalties.--A person that knowingly violates, attempts 
     to violate, conspires to violate, or causes a violation of 
     subsection (b) 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.
       (e) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prohibit or otherwise affect the purchase or lease 
     of public or private agricultural land described in 
     subsection (b) by any person other than a covered foreign 
     person;
       (2) to prohibit or otherwise affect the use of public or 
     private agricultural land described in subsection (b) that is 
     transferred to or acquired by a person other than a covered 
     foreign person from a covered foreign person; or
       (3) to require a covered foreign person that owns or leases 
     public or private agricultural land described in subsection 
     (b) as of the date of enactment of this Act to sell that 
     land.

     SEC. 6203. TRANSPARENCY IN AGRICULTURAL FOREIGN INVESTMENT 
                   DISCLOSURE.

       (a) In General.--Section 7 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended 
     to read as follows:

     ``SEC. 7. PUBLIC DATA SETS.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), the Secretary shall publish in the 
     internet database established under section 773 of division A 
     of that Act human-readable and machine-readable data sets 
     that--
       ``(1) contain all data that the Secretary possesses 
     relating to reporting under this Act from each report 
     submitted to the Secretary under section 2; and
       ``(2) as soon as practicable, but not later than 30 days, 
     after the date of receipt of any report under section 2, 
     shall be updated with the data from that report.
       ``(b) Included Data.--The data sets established under 
     subsection (a) shall include--
       ``(1) a description of--
       ``(A) the purchase price paid for, or any other 
     consideration given for, each interest in agricultural land 
     for which a report is submitted under section 2; and
       ``(B) updated estimated values of each interest in 
     agricultural land described in subparagraph (A), as that 
     information is made available to the Secretary, based on the 
     most recently assessed value of the agricultural land or 
     another comparable method determined by the Secretary; and
       ``(2) with respect to any agricultural land for which a 
     report is submitted under section 2, updated descriptions of 
     each foreign person who holds an interest in at least 1 
     percent of the agricultural land, as that information is made 
     available to the Secretary, categorized as a majority owner 
     or a minority owner that holds an interest in the 
     agricultural land.''.

[[Page S2716]]

       (b) Deadline for Database Establishment.--Section 773 of 
     division A of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), is amended, in the first proviso, by 
     striking ``3 years'' and inserting ``2 years''.
       (c) Definition of Foreign Person.--Section 9(4) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508(4)) (as so redesignated) is amended--
       (1) in subparagraph (C)(ii)(IV), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(E) any person, other than an individual or a government, 
     that issues equity securities that are primarily traded on a 
     foreign securities exchange within--
       ``(i) Iran;
       ``(ii) North Korea;
       ``(iii) the People's Republic of China; or
       ``(iv) the Russian Federation;''.

   TITLE LXIII--COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

     SEC. 6301. CONSIDERATION OF FOOD INSECURITY IN DETERMINATIONS 
                   OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES.

       Section 721(f) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(f)) is amended--
       (1) by redesignating paragraph (11) as paragraph (13);
       (2) by redesignating paragraphs (8) through (10) as 
     paragraphs (9) through (11), respectively;
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) the potential follow-on national security effects of 
     the risks posed by the proposed or pending transaction to 
     United States food security, food safety, biosecurity, 
     environmental protection, or national defense;'';
       (4) in paragraph (11) (as so redesignated), by striking ``; 
     and'' and inserting a semicolon; and
       (5) by inserting after paragraph (11) (as so redesignated) 
     the following new paragraph:
       ``(12) the potential effects of the proposed or pending 
     transaction on the security of the food and agriculture 
     systems of the United States, including any effects on the 
     availability of, access to, or safety and quality of food; 
     and''.

     SEC. 6302. INCLUSION OF SECRETARY OF AGRICULTURE ON THE 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--Section 721(k)(2) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
       (1) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (2) by inserting after subparagraph (G) the following new 
     subparagraph:
       ``(H) The Secretary of Agriculture (nonvoting, ex 
     officio).''.
       (b) Role of Secretary of Agriculture in CFIUS.--Section 
     721(k) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(k)) is amended by adding at the end the following new 
     paragraph:
       ``(8) Role of secretary of agriculture.--The Secretary of 
     Agriculture shall participate in the review by the Committee 
     of any covered transaction described in clause (vi), (vii), 
     or (viii) of subsection (a)(4)(B).''.

     SEC. 6303. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--Section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(iii) any transaction described in clause (vi) or (vii) 
     of subparagraph (B) proposed or pending on or after the date 
     of the enactment of this clause.'';
       (ii) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any other investment, subject to regulations 
     prescribed under subparagraphs (D) and (E), by a foreign 
     person in any unaffiliated United States business that is 
     engaged in agriculture or biotechnology related to 
     agriculture.
       ``(vii) Subject to subparagraphs (C) and (E), the purchase 
     or lease by, or a concession to, a foreign person of private 
     real estate that is--

       ``(I) located in the United States;
       ``(II) used in agriculture; and
       ``(III) more than 320 acres or valued in excess of 
     $5,000,000.

       ``(viii) Subject to subparagraph (C), the purchase or lease 
     by, or a concession to, a covered person (as that term is 
     defined in subsection (r)(3)) of private or public real 
     estate in the United States if--

       ``(I)(aa) the value of the purchase, lease, or concession--

       ``(AA) exceeds $5,000,000; or
       ``(BB) in combination with the value of other such 
     purchases or leases by, or concessions to, the same entity 
     during the preceding 3 years, exceeds $5,000,000; or

       ``(bb) the real estate--

       ``(AA) exceeds 320 acres; or
       ``(BB) in combination with other private or public real 
     estate in the United States purchased or leased by, or for 
     which a concession is provided to, the same entity during the 
     preceding 3 years, exceeds 320 acres; and

       ``(II) the real estate is primarily used for--

       ``(aa) agriculture, including raising of livestock and 
     forestry;
       ``(bb) extraction of fossil fuels, natural gas, purchases 
     or leases of renewable energy sources; or
       ``(cc) extraction of critical precursor materials for 
     biological technology industries, information technology 
     components, or national defense technologies.'';
       (iii) in subparagraph (C)(i), by striking ``subparagraph 
     (B)(ii)'' and inserting ``clause (ii), (vii), or (viii) of 
     subparagraph (B)'';
       (iv) in subparagraph (D)--

       (I) in clause (i), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)'';
       (II) in clause (iii)(I), by striking ``subparagraph 
     (B)(iii)'' and inserting ``clauses (iii) and (vi) of 
     subparagraph (B)'';
       (III) in clause (iv)(I), by striking ``subparagraph 
     (B)(iii)'' each place it appears and inserting ``clauses 
     (iii) and (vi) of subparagraph (B)''; and
       (IV) in clause (v), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)''; 
     and

       (v) in subparagraph (E), by striking ``clauses (ii) and 
     (iii)'' and inserting ``clauses (ii), (iii), (iv), and 
     (vii)''; and
       (B) by adding at the end the following:
       ``(14) Agriculture.--The term `agriculture' has the meaning 
     given such term in section 3 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203).''; and
       (2) by adding at the end the following:
       ``(r) Prohibition With Respect to Agricultural Companies 
     and Real Estate.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, if the Committee, in conducting a review and 
     investigation under this section, determines that a 
     transaction described in clause (i), (vi), or (vii) of 
     subsection (a)(4)(B) would result in control by a covered 
     foreign person of or investment by a covered foreign person 
     in a United States business engaged in agriculture or private 
     real estate used in agriculture, the President shall prohibit 
     such transaction.
       ``(2) Waiver.--The President may waive, on a case-by-case 
     basis, the requirement to prohibit a transaction under 
     paragraph (1), not less than 30 days after the President 
     determines and reports to the relevant committees of 
     jurisdiction that it is vital to the national security 
     interests of the United States to waive such prohibition.
       ``(3) Defined terms.--In this subsection:
       ``(A) Covered person.--
       ``(i) In general.--Except as provided by clause (ii), the 
     term `covered person'--

       ``(I) has the meaning given the term `a person owned by, 
     controlled by, or subject to the jurisdiction or direction of 
     a foreign adversary' in section 7.2 of title 15, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to `foreign 
     adversary' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       ``(II) includes an entity that--

       ``(aa) is registered in or organized under the laws of a 
     covered country;
       ``(bb) has a principal place of business in a covered 
     country; or
       ``(cc) has a subsidiary with a principal place of business 
     in a covered country.
       ``(ii) Exclusions.--The term `covered person' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       ``(B) Covered country.--The term `covered country' means 
     any of the following:
       ``(i) The People's Republic of China.
       ``(ii) The Russian Federation.
       ``(iii) The Islamic Republic of Iran.
       ``(iv) The Democratic People's Republic of Korea.''.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Agriculture shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the risks that foreign purchases of United 
     States businesses engaged in agriculture (as such term is 
     defined in section 3 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203)) pose to the agricultural sector of the 
     United States.
                                 ______
                                 
  SA 599. Mr. SULLIVAN 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 X, add the following:

     SEC. 1025. OVERSEAS MAINTENANCE OF NAVEL VESSELS.

       Section 8680(a) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``A naval vessel'' and 
     inserting ``Except as provided in paragraphs (2) through (4), 
     a naval vessel''; and
       (2) by adding at the end the following:
       ``(4) Notwithstanding paragraph (1), any conventionally-
     powered naval vessel may be

[[Page S2717]]

     overhauled, repaired, or maintained outside of the United 
     States or Guam if a delay of longer than 6 months is expected 
     in servicing such vessel in the United States or Guam and 
     such delay would impair the overall readiness of the fleet. 
     If the Secretary of the Navy denies a request to overhaul, 
     repair, or maintain a conventionally-powered naval vessel 
     outside of the United States or Guam, the Secretary shall 
     submit a report to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives that explains why such denial will not impair 
     fleet readiness.''.
                                 ______
                                 
  SA 600. 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 VII, insert the 
     following:

     SEC. 7__. PROHIBITION OF COVERAGE UNDER TRICARE PROGRAM OF 
                   CERTAIN MEDICAL PROCEDURES FOR CHILDREN THAT 
                   COULD RESULT IN STERILIZATION.

       Section 1079(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(20) Affirming hormone therapy, puberty blockers, and 
     other medical interventions for the treatment of gender 
     dysphoria that could result in sterilization may not be 
     provided to a child under the age of 18.''.
                                 ______
                                 
  SA 601. Mr. LEE (for himself and Mr. Romney) 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, insert the 
     following:

     SEC. 2882. DESIGNATION OF ROBERT W. BISHOP UTAH TEST AND 
                   TRAINING RANGE COMBINED MISSION CONTROL CENTER.

       (a) In General.--The Air Force Utah Test and Training Range 
     Consolidated Mission Control Center shall after the date of 
     the enactment of this Act be known and designated as the 
     ``Robert W. Bishop Utah Test and Training Range Combined 
     Mission Control Center''.
       (b) References.--Any reference in any law, regulation, map, 
     document, paper or other record of the United States to the 
     consolidated mission control center specified in subsection 
     (a) shall be considered to be a reference to the Robert W. 
     Bishop Utah Test and Training Range Combined Mission Control 
     Center.
                                 ______
                                 
  SA 602. Mr. MARKEY 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, insert the 
     following:

     SEC. 1299L. GLOBAL CLIMATE ASSISTANCE FUNDS.

       (a) In General.--The amount authorized to be appropriated 
     for fiscal year 2024 by this Act is the aggregate amount 
     authorized to be appropriated for fiscal year 2024 by this 
     Act minus one percent.
       (b) Allocation.--The allocation of the reduction under 
     subsection (a) shall be derived from the additional 
     $11,000,000,000 above the President's fiscal year 2024 budget 
     request provided by the Senate to the discretionary 
     authorizations within the jurisdiction of the Committee on 
     Armed Services of the Senate, as set forth in the report of 
     the Committee on Armed Services of the Senate accompanying S. 
     2226 of the 118th Congress.
       (c) Use of Funds.--Amounts from the reduction under 
     subsection (a) shall be used by the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of the 
     Treasury, as appropriate, to increase the authorization of 
     appropriations for funds to global climate assistance 
     accounts, programs, organizations, and international 
     financial institutions described in subsection (d) for the 
     following purposes:
       (1) To reduce the risks to United States national security 
     due to climate change, as set forth in the national 
     intelligence estimate of the National Intelligence Council 
     entitled ``Climate Change and International Responses 
     Increasing Challenges to US National Security Through 2040'' 
     (NIC-NIE-2021-10030-A).
       (2) To provide public climate financing to developing 
     countries, with the objective of limiting the increase in 
     global temperature at or below 1.5 degrees Celsius above pre-
     industrial levels.
       (d) Global Climate Assistance Accounts, Programs, 
     Organizations, and International Financial Institutions 
     Described.--The global climate assistance accounts, programs, 
     organizations, and international financial institutions 
     described in this subsection are the following:
       (1) The Green Climate Fund.
       (2) Global Environment Facility.
       (3) Adaptation Programs.
       (4) Sustainable Landscapes.
       (5) Clean Energy Programs.
       (6) Biodiversity Programs.
       (7) The Clean Technology Fund.
       (8) Migration and Refugee Assistance.
       (9) International Disaster Assistance.
       (10) Montreal Protocol Multilateral Fund (MLF).
       (11) The United Nations Framework Convention on Climate 
     Change.
       (12) The Adaptation Fund.
                                 ______
                                 
  SA 603. Mr. MARKEY 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__. STABILITY ACROSS THE TAIWAN STRAIT.

       (a) Short Titles.--This section may be cited as the 
     ``Taiwan Actions Supporting Security by Undertaking Regular 
     Engagements Act'' or the ``Taiwan ASSURE Act''.
       (b) 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 Armed Services of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Armed Services of the House of 
     Representatives.
       (2) China; prc.--The terms ``China'' and ``PRC'' mean the 
     People's Republic of China.
       (3) Taiwan authorities.--The term ``Taiwan authorities'' 
     means officials of the Government of Taiwan.
       (c) Authorization of Appropriations for the Global 
     Cooperation and Training Framework.--There are authorized to 
     be appropriated for the Global Cooperation and Training 
     Framework under the Economic Support Fund authorized under 
     section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2346), $6,000,000 for each of the fiscal years 2024 through 
     2027, which may be expended for trainings and activities that 
     increase Taiwan's economic and international integration.
       (d) Supporting Confidence Building Measures and Stability 
     Dialogues.--
       (1) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, shall submit to the appropriate congressional 
     committees an unclassified report, with a classified annex, 
     that includes--
       (A) a description of all military-to-military dialogues and 
     confidence-building measures between the United States and 
     the PRC during the 10-year period ending on the date of the 
     enactment of this Act;
       (B) a description of bilateral and multilateral diplomatic 
     engagements with the PRC in which cross-Strait issues were 
     substantively discussed during such 10-year period, including 
     Track 1.5 and Track 2 dialogues;
       (C) a description of the efforts in the year preceding the 
     submission of the report to facilitate engagements described 
     in subparagraphs (A) and (B); and
       (D) a description of how and why the engagements described 
     in subparagraphs (A) and (B) have changed in frequency or 
     substance during such 10-year period.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of State, and, as 
     appropriate, to the Department of Defense, $2,000,000 for 
     each of the fiscal years 2024 through 2027, which shall be 
     used to support existing Track 1.5 and Track 2 strategic 
     dialogues facilitated by independent nonprofit organizations 
     or academic institutions in which participants meet to 
     discuss stability cross-Strait stability issues.
                                 ______
                                 
  SA 604. Mrs. GILLIBRAND 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 subtitle G of title X, insert 
     the following:

[[Page S2718]]

  


     SEC. [___]. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING 
                   CORRECTION ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``9/11 
     Responder and Survivor Health Funding Correction Act of 
     2023''.
       (b) Department of Defense, Armed Forces, or Other Federal 
     Worker Responders to the September 11 Attacks at the Pentagon 
     and Shanksville, Pennsylvania.--Title XXXIII of the Public 
     Health Service Act (42 U.S.C. 300mm et seq.) is amended--
       (1) in section 3306 (42 U.S.C. 300mm-5)--
       (A) by redesignating paragraphs (5) through (11) and 
     paragraphs (12) through (17) as paragraphs (6) through (12) 
     and paragraphs (14) through (19), respectively;
       (B) by inserting after paragraph (4) the following:
       ``(5) The term `Federal agency' means an agency, office, or 
     other establishment in the executive, legislative, or 
     judicial branch of the Federal Government.''; and
       (C) by inserting after paragraph (12), as so redesignated, 
     the following:
       ``(13) The term `uniformed services' has the meaning given 
     the term in section 101(a) of title 10, United States 
     Code.''; and
       (2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
       (A) in paragraph (2)(C)(i)--
       (i) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (ii) in subclause (II), by striking ``; and'' and inserting 
     a semicolon; and
       (iii) by adding at the end the following:
       ``(III) was an employee of the Department of Defense or any 
     other Federal agency, worked during the period beginning on 
     September 11, 2001, and ending on September 18, 2001, for a 
     contractor of the Department of Defense or any other Federal 
     agency, or was a member of a regular or reserve component of 
     the uniformed services; and performed rescue, recovery, 
     demolition, debris cleanup, or other related services at the 
     Pentagon site of the terrorist-related aircraft crash of 
     September 11, 2001, during the period beginning on September 
     11, 2001, and ending on the date on which the cleanup of the 
     site was concluded, as determined by the WTC Program 
     Administrator; or
       ``(IV) was an employee of the Department of Defense or any 
     other Federal agency, worked during the period beginning on 
     September 11, 2001, and ending on September 18, 2001, for a 
     contractor of the Department of Defense or any other Federal 
     agency, or was a member of a regular or reserve component of 
     the uniformed services; and performed rescue, recovery, 
     demolition, debris cleanup, or other related services at the 
     Shanksville, Pennsylvania, site of the terrorist-related 
     aircraft crash of September 11, 2001, during the period 
     beginning on September 11, 2001, and ending on the date on 
     which the cleanup of the site was concluded, as determined by 
     the WTC Program Administrator; and''; and
       (B) in paragraph (4)(A)--
       (i) by striking ``(A) In general.--The'' and inserting the 
     following:
       ``(A) Limit.--
       ``(i) In general.--The'';
       (ii) by inserting ``or subclause (III) or (IV) of paragraph 
     (2)(C)(i)'' after ``or (2)(A)(ii)''; and
       (iii) by adding at the end the following:
       ``(ii) Certain responders to the september 11 attacks at 
     the pentagon and shanksville, pennsylvania.--The total number 
     of individuals who may be enrolled under paragraph (3)(A)(ii) 
     based on eligibility criteria described in subclause (III) or 
     (IV) of paragraph (2)(C)(i) shall not exceed 500 at any 
     time.''.
       (c) Flexibility for Certifications Under the World Trade 
     Center Health Program.--
       (1) In general.--Section 3305(a) of the Public Health 
     Service Act (42 U.S.C. 300mm-4(a)) is amended--
       (A) in paragraph (1)(A), by inserting ``subject to 
     paragraph (6),'' before ``for''; and
       (B) by adding at the end the following:
       ``(6) Licensed health care provider flexibility.--
       ``(A) In general.--For purposes of an initial health 
     evaluation described in paragraph (1)(A) (including any such 
     evaluation provided under section 3321(b) or through the 
     nationwide network under section 3313), such evaluation may 
     be conducted by a physician or any other licensed health care 
     provider in a category of health care providers determined by 
     the WTC Program Administrator under subparagraph (B).
       ``(B) Categories of licensed health care providers.--Not 
     later than 180 days after the date of enactment of the 9/11 
     Responder and Survivor Health Funding Correction Act of 2023, 
     the WTC Program Administrator shall issue regulations for the 
     categories of licensed health care providers who, in addition 
     to licensed physicians, may conduct evaluations under 
     subparagraph (A) and make determinations under section 
     3312(b).''.
       (2) Flexibility for wtc responders.--Section 3312(b) of 
     such Act (42 U.S.C. 300mm-22(b)) is amended--
       (A) in paragraph (1), by striking ``physician'' each place 
     it appears and inserting ``physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``physician'' and inserting ``physician or other licensed 
     health care provider in a category determined by the WTC 
     Program Administrator under section 3305(a)(6)(B)'';
       (II) in clause (i), by striking ``physician'' and inserting 
     ``physician or other licensed health care provider''; and
       (III) in clause (ii), by striking ``such physician's 
     determination'' and inserting ``the determination of such 
     physician or other licensed health care provider''; and

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``physician determinations'' and inserting ``determinations 
     by physicians or other licensed health care providers in 
     categories determined by the WTC Program Administrator under 
     section 3305(a)(6)(B)''; and
       (II) in clause (i), by striking ``physician panel'' and 
     inserting ``panel of physicians or other licensed health care 
     providers in categories determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''; and

       (C) in paragraph (5), by striking ``examining physician'' 
     and inserting ``examining physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''.
       (d) Criteria for Credentialing Health Care Providers 
     Participating in the Nationwide Network.--Title XXXIII of the 
     Public Health Service Act (42 U.S.C. 300mm et seq.) is 
     amended--
       (1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--
       (A) in subparagraph (A)--
       (i) by striking clause (iv); and
       (ii) by redesignating clauses (v) and (vi) as clauses (iv) 
     and (v), respectively;
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by 
     striking ``Data Centers'' and inserting ``WTC Program 
     Administrator''.
       (e) Clarifying Calculation of Enrollment.--
       (1) Responders.--Section 3311(a) of such Act (42 U.S.C. 
     300mm-21(a)) is amended by adding at the end the following:
       ``(6) Deceased wtc responders.--An individual known to the 
     WTC Program Administrator to be deceased shall not be 
     included in any count of enrollees under this subsection or 
     section 3351.''.
       (2) Survivors.--Section 3321(a) of such Act (42 U.S.C. 
     300mm-31(a)) is amended by adding at the end the following:
       ``(5) Deceased wtc survivors.--An individual known to the 
     WTC Program Administrator to be deceased shall not be 
     included in any count of certified-eligible survivors under 
     this section or in any count of enrollees under section 
     3351.''.
       (f) Time Period for Adding Health Conditions to List for 
     WTC Responders.--Section 3312(a)(6) of the Public Health 
     Service Act (42 U.S.C. 300mm-22(a)(6)) is amended--
       (1) in subparagraph (B), by striking ``90'' and inserting 
     ``180''; and
       (2) in subparagraph (C), in the second sentence, by 
     striking ``90'' and inserting ``180''.
       (g) Funding for the World Trade Center Health Program.--
       (1) Federal funding.--Section 3351 of the Public Health 
     Service Act (42 U.S.C. 300mm-61) is amended--
       (A) in subsection (a)--
       (i) in paragraph (2)(A)--

       (I) in clause (x), by striking ``and'';
       (II) in clause (xi)--

       (aa) by striking ``subsequent fiscal year through fiscal 
     year 2090'' and inserting ``of fiscal years 2026 through 
     2033''; and
       (bb) by striking ``plus'' and inserting ``and''; and

       (III) by adding at the end the following:

       ``(xii) for each of fiscal years 2034 through 2090--

       ``(I) the amount determined under this subparagraph for the 
     previous fiscal year (plus the sum of any amount expended in 
     the previous fiscal year from the World Trade Center Health 
     Program Special Fund established under section 3353 or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     established under section 3354 and any amount expended from 
     the World Trade Center Health Program Fund established under 
     this section in the previous fiscal year that was carried 
     over from any fiscal year prior to the previous fiscal year 
     including as carried over pursuant to a deposit into such 
     Fund under paragraph (6)) multiplied by 1.05; multiplied by
       ``(II) the ratio of--

       ``(aa) the total number of individuals enrolled in the WTC 
     Program on July 1 of such previous fiscal year; to
       ``(bb) the total number of individuals so enrolled on July 
     1 of the fiscal year prior to such previous fiscal year; 
     plus''; and
       (ii) by adding at the end the following:
       ``(6) Remaining amounts from special fund and pentagon/
     shanksville fund.--Any amounts that remain available, on 
     September 30, 2033, in the World Trade Center Health Program 
     Special Fund under section 3353 or the World Trade Center 
     Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354 
     shall be deposited into the Fund.''; and
       (B) in subsection (c)--
       (i) in paragraph (4)--

       (I) by amending subparagraph (A) to read as follows:

[[Page S2719]]

       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act of 2023;''; and

       (II) in subparagraph (B), by striking ``2017, $15,000,000'' 
     and inserting ``2024, $20,000,000''; and

       (ii) in paragraph (5)--

       (I) by amending subparagraph (A) to read as follows:

       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act of 2023;'';

       (II) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (III) by inserting after subparagraph (A) the following:

       ``(B) for fiscal year 2024, the greater of--
       ``(i) the amount determined for such fiscal year under this 
     paragraph as in effect on the day before the date of 
     enactment of the 9/11 Responder and Survivor Health Funding 
     Correction Act of 2023; or
       ``(ii) $20,000,000; and''.
       (2) Additional funding for the world trade center health 
     program.--Title XXXIII of the Public Health Service Act (42 
     U.S.C. 300mm et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3353. SPECIAL FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Special Fund 
     (referred to in this section as the `Special Fund'), 
     consisting of amounts deposited into the Special Fund under 
     subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2024 $1,784,358,336 for deposit into the Special Fund, which 
     amounts shall remain available in such Fund through fiscal 
     year 2033.
       ``(c) Uses of Funds.--Amounts deposited into the Special 
     Fund under subsection (b) shall be available, without further 
     appropriation and without regard to any spending limitation 
     under section 3351(c), to the WTC Program Administrator as 
     needed at the discretion of such Administrator, for carrying 
     out any provision in this title (including sections 3303 and 
     3341(c)).
       ``(d) Remaining Amounts.--Any amounts that remain in the 
     Special Fund on September 30, 2033, shall be deposited into 
     the World Trade Center Health Program Fund in accordance with 
     section 3351(a)(6) and remain available in accordance with 
     section 3351(a)(5).

     ``SEC. 3354. PENTAGON/SHANKSVILLE FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     (referred to in this section as the `Pentagon/Shanksville 
     Fund'), consisting of amounts deposited into the Pentagon/
     Shanksville Fund under subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2024 $257,000,000 for deposit into the Pentagon/Shanksville 
     Fund, which amounts shall remain available in such Fund 
     through fiscal year 2033.
       ``(c) Uses of Funds.--
       ``(1) In general.--Amounts deposited into the Pentagon/
     Shanksville Fund under subsection (b) shall be available, 
     without further appropriation and without regard to any 
     spending limitation under section 3351(c), to the WTC Program 
     Administrator for the purpose of carrying out section 3312 
     with regard to WTC responders enrolled in the WTC Program 
     based on eligibility criteria described in subclause (III) or 
     (IV) of section 3311(a)(2)(C)(i).
       ``(2) Limitation on other funding.--Notwithstanding 
     sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any 
     other provision in this title, for the period of fiscal years 
     2024 through 2033, no amounts made available under this title 
     other than those amounts appropriated under subsection (b) 
     may be available for the purpose described in paragraph (1).
       ``(d) Remaining Amounts.--Any amounts that remain in the 
     Pentagon/Shanksville Fund on September 30, 2033, shall be 
     deposited into the World Trade Center Health Program Fund in 
     accordance with section 3351(a)(6) and remain available in 
     accordance with section 3351(a)(5).''.
       (3) Conforming amendments.--Title XXXIII of the Public 
     Health Service Act (42 U.S.C. 300mm et seq.) is amended--
       (A) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
     21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' 
     and inserting ``this title'';
       (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
     31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' 
     and inserting ``this title'';
       (C) in section 3331 (42 U.S.C. 300mm-41)--
       (i) in subsection (a), by striking ``the World Trade Center 
     Health Program Fund and the World Trade Center Health Program 
     Supplemental Fund'' and inserting ``(as applicable) the Funds 
     established under sections 3351, 3352, 3353, and 3354''; and
       (ii) in subsection (d)--

       (I) in paragraph (1)(A), by inserting ``or the World Trade 
     Center Health Program Special Fund under section 3353'' after 
     ``section 3351'';
       (II) in paragraph (1)(B), by inserting ``or the World Trade 
     Center Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354'' 
     after ``section 3352''; and
       (III) in paragraph (2), in the flush text following 
     subparagraph (C), by inserting ``or the World Trade Center 
     Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354'' 
     after ``section 3352''; and

       (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (i) in paragraph (1), by striking ``subsection (a)(2)'' and 
     inserting ``paragraph (2) or (6) of subsection (a)'';
       (ii) in paragraph (2), by inserting ``, the World Trade 
     Center Health Program Special Fund under section 3353, or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     under section 3354'' before the period at the end; and
       (iii) in paragraph (3), by inserting ``, the World Trade 
     Center Health Program Special Fund under section 3353, or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     under section 3354'' before the period at the end.
                                 ______
                                 
  SA 605. Mrs. GILLIBRAND (for herself and Mr. Hickenlooper) 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. STUDY ON CIVILIAN EMPLOYEES OF CERTAIN FEDERAL 
                   AGENCIES WHO MAY HAVE BEEN EXPOSED TO BURN PITS 
                   AND OTHER TOXINS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to investigate--
       (1) the approximate number of civilian employees of the 
     intelligence community, the Department of Defense, the 
     Department of State, the Department of Justice (including the 
     Federal Bureau of Investigation), and the Department of the 
     Treasury who were deployed to locations where they may have 
     been exposed to burn pits and other toxins; and
       (2) what kind of documentation those agencies provided to 
     those employees that those employees could use as evidence 
     that they worked in those locations at the relevant times.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study conducted under subsection 
     (a).
                                 ______
                                 
  SA 606. Mr. PETERS (for himself, Ms. Collins, Mr. Carper, Ms. 
Murkowski, Mr. Tester, Mr. Heinrich, Mr. King, Mr. Boozman, Mr. Coons, 
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 end of title X, add the following:

                  Subtitle __--Fire Grants and Safety

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Fire Grants and Safety 
     Act''.

     SEC. __02. REAUTHORIZATION OF THE UNITED STATES FIRE 
                   ADMINISTRATION.

       Section 17(g)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
       (1) in subparagraph (L), by striking ``and'';
       (2) in subparagraph (M)--
       (A) by striking ``for for'' and inserting ``for''; and
       (B) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) $95,000,000 for each of fiscal years 2024 through 
     2030, of which $3,420,000 for each such fiscal year shall be 
     used to carry out section 8(f).''.

     SEC. __03. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS 
                   GRANTS PROGRAM AND THE FIRE PREVENTION AND 
                   SAFETY GRANTS PROGRAM.

       (a) Sunset.--Section 33(r) of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2229(r)) is amended by 
     striking ``2024'' and inserting ``2032''.
       (b) Authorization of Appropriations.--Section 33(q)(1)(B) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229(q)(1)(B)) is amended, in the matter preceding 
     clause (i), by striking ``2023'' and inserting ``2030''.

     SEC. __04. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND 
                   EMERGENCY RESPONSE GRANT PROGRAM.

       (a) Sunset.--Section 34(k) of the Federal Fire Prevention 
     and Control Act of 1974 (15

[[Page S2720]]

     U.S.C. 2229a(k)) is amended by striking ``2024'' and 
     inserting ``2032''.
       (b) Authorization of Appropriations.--Section 34(j)(1)(I) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a(j)(1)(I)) is amended, in the matter preceding 
     clause (i), by striking ``2023'' and inserting ``2030''.

     SEC. __05. GAO AUDIT AND REPORT.

       Not later than 3 years after the date of enactment of this 
     subtitle, the Comptroller General of the United States shall 
     conduct an audit of and issue a publicly available report on 
     barriers that prevent fire departments from accessing Federal 
     funds.

     SEC. __06. LIMITATION ON FIRE GRANT FUNDS.

       Neither the Government of the People's Republic of China, 
     nor any entity or organization operating or incorporated in 
     the People's Republic of China, may be eligible to be a 
     recipient or subrecipient of Federal assistance under any 
     assistance program authorized under subsection (c) or (d) of 
     section 33 or section 34(a) of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2229, 2229a).

     SEC. __07. GAO AUDIT.

       Not later than 3 years after the date of enactment of this 
     subtitle, the Comptroller General of the United States shall 
     conduct an audit of and issue a publicly available report on 
     the United States Fire Administration.
                                 ______
                                 
  SA 607. Mr. BOOKER (for himself and 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 subtitle G of title X, insert 
     the following:

     SEC. __. CURRENTLY ACCEPTED MEDICAL USE WITH SEVERE 
                   RESTRICTIONS.

       (a) Definitions.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended--
       (1) by redesignating paragraph (58) (defining a serious 
     violent felony) as paragraph (59);
       (2) by redesignating the second paragraph (57) (defining a 
     serious drug felony) as paragraph (58); and
       (3) by adding at the end the following:
       ``(60)(A) Subject to subparagraph (B), the term `currently 
     accepted medical use with severe restrictions', with respect 
     to a drug or other substance, includes a drug or other 
     substance that is an active metabolite, moiety, or ingredient 
     (whether in natural or synthetic form) of an investigational 
     new drug for which a waiver is in effect under section 505(i) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(i)) or section 351(a)(3) of the Public Health Service Act 
     (42 U.S.C. 262(a)(3)) and that the Secretary--
       ``(i) designates as a breakthrough therapy under section 
     506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     356(a)); or
       ``(ii) authorizes for expanded access under subsection (b) 
     or (c) of section 561 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360bbb), either alone or as part of a 
     therapeutic protocol, to treat patients with serious or life-
     threatening diseases for which no comparable or satisfactory 
     therapies are available.
       ``(B) A drug or other substance shall not meet the criteria 
     under subparagraph (A) for having a currently accepted 
     medical use with severe restrictions if--
       ``(i) in the case of a drug or other substance described in 
     subparagraph (A)(ii)--
       ``(I) the Secretary places the expanded access or protocol 
     for such drug on clinical hold as described in section 312.42 
     of title 21, Code of Federal Regulations (or any successor 
     regulations);
       ``(II) there is no other investigational new drug 
     containing the drug or other substance for which expanded 
     access has been authorized under section 561(a) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(a)); 
     and
       ``(III) the drug or other substance does not meet the 
     requirements of subparagraph (A)(i); or
       ``(ii) the drug or other substance is approved under 
     section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) or section 351 of the Public Health Service Act 
     (42 U.S.C. 262).''.
       (b) Authority and Criteria for Classification of 
     Substances.--Section 201(j) of the Controlled Substances Act 
     (21 U.S.C. 811(j)) is amended--
       (1) in paragraph (1), by inserting ``a drug designated as a 
     breakthrough therapy under section 506(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), or a drug 
     authorized for expanded access under subsection (b) or (c) of 
     section 561 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 360bbb),'' after ``subsection (f),'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(C) the date on which the Attorney General receives 
     notification from the Secretary of Health and Human Services 
     that the Secretary has designated a drug as a breakthrough 
     therapy under section 506(a) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 356(a)) or authorized a drug for 
     expanded access under subsection (b) or (c) of section 561 of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb); 
     or
       ``(D) the date on which the Attorney General receives any 
     written notification demonstrating that the Secretary, before 
     the date of enactment of this subparagraph, designated a drug 
     as a breakthrough therapy under section 506(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) or authorized 
     a drug for expanded access under subsection (b) or (c) of 
     section 561 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 360bbb).'';
       (3) in paragraph (3), by inserting ``or paragraph (4)'' 
     after ``paragraph (1)''; and
       (4) by adding at the end the following:
       ``(4) With respect to a drug moved from schedule I to 
     schedule II pursuant to paragraph (1) and the expedited 
     procedures described under this subsection, if the drug no 
     longer has a currently accepted medical use with severe 
     restrictions and the Secretary of Health and Human Services 
     recommends that the Attorney General control the drug in 
     schedule I pursuant to subsections (a) and (b), the Attorney 
     General shall, not later than 90 days after receiving written 
     notification from the Secretary, issue an interim final rule 
     controlling the drug in accordance with such subsections and 
     section 202(b) using the procedures described in paragraph 
     (3) of this subsection.''.
                                 ______
                                 
  SA 608. Mr. WARNER 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:

     SEC. 2853. IMPLEMENTATION OF COMPTROLLER GENERAL 
                   RECOMMENDATIONS REGARDING MILITARY HOUSING.

       (a) Basic Allowance for Housing.--The Secretary of Defense 
     shall ensure that the Military Compensation Policy 
     directorate within the Office of the Deputy Assistant 
     Secretary of Defense for Military Personnel Policy, in 
     coordination with each military department, not later than 
     one year after the date of the enactment of this Act, 
     establishes and implements a process for consistently 
     monitoring anchor points, the interpolation table, external 
     alternative data, and any indications of potential bias by 
     using quality information to set rates for basic allowance 
     for housing under section 403 of title 37, United States 
     Code, and ensuring timely remediation of any identified 
     deficiencies.
       (b) Work Order Data for Privatized Military Housing.--The 
     Secretary of Defense shall ensure that the Assistant 
     Secretary of Defense for Sustainment, not later than one year 
     after the date of the enactment of this Act--
       (1) requires the military departments to establish a 
     process to validate data collected by privatized military 
     housing partners to better ensure the reliability and 
     validity of work order data and to allow for more effective 
     use of such data for monitoring and tracking purposes; and
       (2) provides in future reports to Congress additional 
     explanation of such work order data collected and reported, 
     such as explaining the limitations of available survey data, 
     how resident satisfaction was calculated, and reasons for any 
     missing data.
       (c) Finances for Privatized Military Housing Projects.--The 
     Secretary of Defense shall ensure that the Assistant 
     Secretary of Defense for Energy, Installations, and 
     Environment, not later than one year after the date of the 
     enactment of this Act, takes steps to resume issuing required 
     reports to Congress on the financial condition of privatized 
     military housing in a timely manner.
       (d) Privatized Military Housing Defined.--In this section, 
     the term ``privatized military housing'' means military 
     housing provided under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 609. Mr. WARNER 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 XVI, insert the 
     following:

     SEC. 16__. AUTHORITY TO ACCEPT VOLUNTARY AND UNCOMPENSATED 
                   SERVICES FROM CYBERSECURITY EXPERTS.

       (a) Authority.--Section 167b(d) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) The Commander of United States Cyber Command may 
     accept voluntary and uncompensated services from 
     cybersecurity

[[Page S2721]]

     experts, notwithstanding the provisions of section 1342 of 
     title 31, and may delegate such authority to the chiefs of 
     the armed forces.''.
       (b) Technical and Conforming Amendments.--Section 167b of 
     such title, as amended by subsection (a), is further 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``referred to as the 
     `cyber command' '' and inserting ``referred to as `United 
     States Cyber Command' ''; and
       (B) in paragraph (2), by striking ``the Cyber Command'' and 
     inserting ``United States Cyber Command'';
       (2) in subsection (b), by striking ``Cyber Command'' each 
     place it appears and inserting ``United States Cyber 
     Command'';
       (3) in subsections (c) and (d)--
       (A) by striking ``cyber command'' each place it appears and 
     inserting ``United States Cyber Command'';
       (B) by striking ``commander of the'' each place it appears 
     and inserting ``Commander of''; and
       (C) by striking ``commander of such command'' each place it 
     appears and inserting ``Commander of such Command''; and
       (4) in subsection (d)(3)(C), by striking ``of the 
     commander'' and inserting ``of the Commander''.
                                 ______
                                 
  SA 610. Mr. WARNER 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. ___. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES 
                   TRANSITIONING OUT OF ACTIVE DUTY SERVICE.

       (a) Study; Education and Outreach Efforts.--
       (1) Study.--The Secretary of Defense shall, in conjunction 
     with the Secretary of Veterans Affairs, conduct a study to 
     identify the means by which members of the Armed Forces are 
     provided information about the availability of Federal 
     nutrition assistance programs as they transition out of 
     active duty service.
       (2) Education and outreach efforts.--The Secretary of 
     Defense, working with the Secretary of Veterans Affairs, 
     shall increase education and outreach efforts to members of 
     the Armed Forces who are transitioning out of active duty 
     service, particularly those members identified as being at-
     risk for food insecurity, to increase awareness of the 
     availability of Federal nutrition assistance programs and 
     eligibility for those programs.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (A) submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the results of the study 
     conducted under paragraph (1); and
       (B) publish such report on the website of the Department of 
     Defense.
       (b) Working Group.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Secretary of Veterans Affairs and the Secretary of 
     Agriculture, shall establish a working group to address, 
     across the Department of Defense, the Department of Veterans 
     Affairs, and the Department of Agriculture, coordination, 
     data sharing, and evaluation efforts on food insecurity among 
     members of the Armed Forces transitioning out of active duty 
     service (in this subsection referred to as the ``working 
     group'').
       (2) Membership.--The working group be composed of--
       (A) representatives from the Department of Defense, the 
     Department of Veterans Affairs, the Department of 
     Agriculture; and
       (B) other relevant stakeholders as determined by the 
     Secretary of Defense, the Secretary of Veterans Affairs, and 
     the Secretary of Agriculture.
       (3) Report.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the working group shall submit to 
     each congressional committee with jurisdiction over the 
     Department of Defense, the Department of Veterans Affairs, 
     and the Department of Agriculture a report on the 
     coordination, data sharing, and evaluation efforts described 
     in paragraph (1).
       (B) Elements.--The report required by paragraph (1) shall 
     include the following:
       (i) An accounting of the funding each department referred 
     to in subparagraph (A) has obligated toward research relating 
     to food insecurity among members of the Armed Forces or 
     veterans.
       (ii) An outline of methods of comparing programs and 
     sharing best practices for addressing food insecurity by each 
     such department.
       (iii) An outline of--

       (I) the plan each such department has to achieve greater 
     government efficiency and cross-agency coordination, data 
     sharing, and evaluation in addressing food insecurity among 
     members of the Armed Forces; and
       (II) efforts that the departments can undertake to improve 
     coordination to better address food insecurity as it impacts 
     members before, during, and after their active duty service.

       (iv) An identification of--

       (I) any legal, technological, or administrative barriers to 
     increased coordination and data sharing in addressing food 
     insecurity among members of the Armed Forces; and
       (II) any additional authorities needed to increase such 
     coordination and data sharing.

       (v) Any other information the Secretary of Defense, the 
     Secretary of Veterans Affairs, or the Secretary of 
     Agriculture determines to be appropriate.
       (c) Government Accountability Office Study.--The 
     Comptroller General of the United States shall conduct a 
     study to evaluate the feasibility and advisability of 
     expanding eligibility for the basic needs allowance under 
     section 402b of title 37, United States Code, to individuals 
     during the period following the transition of the individuals 
     out of active duty service, up to three months.
                                 ______
                                 
  SA 611. Mr. WARNER 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__. SUBCONTRACTING GOALS FOR MINORITY INSTITUTIONS.

       (a) In General.--Subchapter III of chapter 303 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4127. Subcontracting goals for minority institutions

       ``(a) Establishment.--(1) The Secretary of Defense shall 
     annually establish a department-wide goal for contracts 
     awarded to Department of Defense Federally Funded Research 
     and Development Centers or University Affiliated Research 
     Centers that aims to increase partnerships so as to develop 
     the capacity of minority institutions to address the research 
     and development needs of the Department.
       ``(2) Each department-wide goal established pursuant to 
     paragraph (1) shall provide for achieving the goal through 
     subcontracts with one or more minority institutions, such 
     that a subcontract to a contract described in paragraph (1) 
     shall be for a total percentage amount (to be determined by 
     the Secretary) of the total value of the contract, but not 
     less than 5 percent of the total value of the contract.
       ``(b) Annual Reports.--(1) Not less frequently than once 
     each year, the Secretary shall submit to Congress a report on 
     the goal most recently established under subsection (a).
       ``(2) Each report submitted pursuant to paragraph (1) shall 
     include, for the goal and period covered by the report, the 
     following:
       ``(A) The extent of participation by minority institutions.
       ``(B) Whether the Department of Defense has achieved the 
     goal.
       ``(C) If the Department has failed to achieve the goal, a 
     justification for such failure and a remediation plan.
       ``(c) Definition of Minority Institution.--In this section, 
     the term `minority institution' means--
       ``(1) a part B institution (as such term is defined in 
     section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2))); or
       ``(2) any other institution of higher education (as such 
     term is defined in section 101 of such Act (20 U.S.C. 1001)) 
     at which not less than 50 percent of the total student 
     enrollment consists of students from ethnic groups that are 
     underrepresented in the fields of science and engineering.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 303 of such title is amended by 
     inserting after the item relating to section 4126 the 
     following new item:

``4127. Subcontracting goals for minority institutions.''.
       (c) Effective Date.--The amendments made by paragraph (1) 
     shall--
       (1) take effect on October 1, 2026; and
       (2) apply with respect to funds that are awarded by the 
     Department of Defense on or after such date.
                                 ______
                                 
  SA 612. Mr. WARNER 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 F of title V, add the following:

     SEC. 565. PROMOTION OF CERTAIN FOOD AND NUTRITION ASSISTANCE 
                   PROGRAMS.

       (a) In General.--Each Secretary concerned shall promote, to 
     members of the Armed Forces under the jurisdiction of the 
     Secretary, awareness of food and nutrition assistance 
     programs administered by--

[[Page S2722]]

       (1) the Department of Defense; and
       (2) the Department of Agriculture.
       (b) Reporting.--Not later than one year after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to the appropriate congressional committees a report 
     summarizing activities taken by the Secretary to carry out 
     subsection (a).
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate; and
       (C) the Committee on Agriculture of the House of 
     Representatives.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given that term in section 101 of title 10, 
     United States Code.
                                 ______
                                 
  SA 613. Mr. WARNER 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 IX, add the following:

     SEC. 929. DESIGNATION OF SENIOR OFFICIAL TO COMBAT FOOD 
                   INSECURITY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     be responsible for, and accountable to the Secretary with 
     respect to, combating food insecurity among members of the 
     Armed Forces and their families. The Secretary shall 
     designate the senior official from among individuals who are 
     appointed to a position in the Department by the President, 
     by and with the advice and consent of the Senate.
       (b) Responsibilities.--The senior official designated under 
     subsection (a) shall be responsible for the following:
       (1) Oversight of policy, strategy, and planning for efforts 
     of the Department of Defense to combat food insecurity among 
     members of the Armed Forces and their families.
       (2) Coordinating with other Federal agencies with respect 
     to combating food insecurity.
       (3) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 614. Mr. WARNER 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. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL 
                   EXPERTS TO PROMOTE AND PROTECT NATIONAL 
                   SECURITY INNOVATION BASE.

       (a) Special Immigrant Status.--In accordance with the 
     procedures established under subsection (f)(1), and subject 
     to subsection (c)(1), the Secretary of Homeland Security may 
     provide an alien described in subsection (b) (and the spouse 
     and each child of the alien if accompanying or following to 
     join the alien) with the status of a special immigrant under 
     section 101(a)(27) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)), if the alien--
       (1) submits a classification petition under section 
     204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for lawful 
     permanent residence.
       (b) Aliens Described.--An alien is described in this 
     subsection if--
       (1) the alien--
       (A) is a current or past participant in research funded by 
     the Department of Defense;
       (B) is a current or past employee or contracted employee of 
     the Department of Defense;
       (C) earned a master's, doctoral, or professional degree 
     from an accredited United States institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), or completed a 
     graduate fellowship or graduate medical education at an 
     accredited United States institution of higher education, 
     that entailed research in a field of importance to the 
     national security of the United States, as determined by the 
     Secretary of Defense;
       (D) is a current employee of, or has a documented job offer 
     from, a company that develops new technologies or cutting-
     edge research that contributes to the national security of 
     the United States, as determined by the Secretary of Defense; 
     or
       (E) is a founder or co-founder of a United States-based 
     company that develops new technologies or cutting-edge 
     research that contributes to the national security of the 
     United States, as determined by the Secretary of Defense; and
       (2) the Secretary of Defense issues a written statement to 
     the Secretary of Homeland Security confirming that the alien 
     possesses scientific or technical expertise that will 
     contribute to the national security of the United States.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     may not exceed--
       (A) 10 in each of fiscal years 2024 through 2033; and
       (B) 100 in fiscal year 2034 and each fiscal year 
     thereafter.
       (2) Exclusion from numerical limitation.--Aliens provided 
     special immigrant status under this section shall not be 
     counted against the numerical limitations under sections 
     201(d), 202(a), and 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
       (d) Defense Competition for Scientists and Technical 
     Experts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     and implement a process to select, on a competitive basis 
     from among individuals described in subsection (b), 
     individuals for recommendation to the Secretary of Homeland 
     Security for special immigrant status described in subsection 
     (a).
       (e) Authorities.--In carrying out this section, the 
     Secretary of Defense shall authorize appropriate personnel of 
     the Department of Defense to use all personnel and management 
     authorities available to the Department, including the 
     personnel and management authorities provided to the science 
     and technology reinvention laboratories, the Major Range and 
     Test Facility Base (as defined in section 196(i) of title 10, 
     United States Code), and the Defense Advanced Research 
     Projects Agency.
       (f) Procedures.--Not later than 360 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Defense shall jointly establish policies 
     and procedures implementing the provisions in this section, 
     which shall include procedures for--
       (1) processing of petitions for classification submitted 
     under subsection (a)(1) and applications for an immigrant 
     visa or adjustment of status, as applicable; and
       (2) thorough processing of any required security 
     clearances.
       (g) Fees.--The Secretary of Homeland Security shall 
     establish a fee--
       (1) to be charged and collected to process an application 
     filed under this section; and
       (2) that is set at a level that will ensure recovery of the 
     full costs of such processing and any additional costs 
     associated with the administration of the fees collected.
       (h) Implementation Report Required.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security and the Secretary of Defense 
     shall jointly submit to the appropriate committees of 
     Congress a report that includes--
       (1) a plan for implementing the authorities provided under 
     this section; and
       (2) identification of any additional authorities that may 
     be required to assist the Secretaries in fully implementing 
     this section.
       (i) Program Evaluation and Report.--
       (1) Evaluation.--The Comptroller General of the United 
     States shall conduct an evaluation of the competitive program 
     and special immigrant program described in subsections (a) 
     through (g).
       (2) Report.--Not later than October 1, 2027, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report on the results of the 
     evaluation conducted under paragraph (1).
       (j) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.
       (2) National security innovation base.--The term ``National 
     Security Innovation Base'' means the network of persons and 
     organizations, including Federal agencies, institutions of 
     higher education, federally funded research and development 
     centers, defense industrial base entities, nonprofit 
     organizations, commercial entities, and venture capital firms 
     that are engaged in the military and non-military research, 
     development, funding, and production of innovative 
     technologies that support the national security of the United 
     States.
                                 ______
                                 
  SA 615. Mr. WARNER 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. STUDY ON FEASIBILITY AND ADVISABILITY OF LOAN 
                   FORGIVENESS PROGRAM FOR BEHAVIORAL HEALTH 
                   CLINICIANS OF DEPARTMENT OF DEFENSE.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the feasibility and

[[Page S2723]]

     advisability of conducting a loan forgiveness program for 
     behavioral health clinicians of the Department of Defense as 
     outlined in recommendation 6.3 of the final report issued by 
     the Suicide Prevention and Response Independent Review 
     Committee.
       (b) Elements.--In conducting the study required under 
     subsection (a), the Secretary shall include an assessment 
     of--
       (1) the potential need or demand for a loan forgiveness 
     program for behavioral health clinicians of the Department;
       (2) the costs associated with such a program, including 
     actual loan forgiveness amounts per recipient;
       (3) other programs that could serve as a model for such a 
     program; and
       (4) how the Secretary could best leverage such a program to 
     maximize benefit to the Department.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subsection (a).
                                 ______
                                 
  SA 616. Mr. WARNER 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. PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES AT 
                   RISK OF SUICIDE.

       (a) Program Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense, 
     in consultation with the Director of the Defense Health 
     Agency, shall develop and implement a centralized program to 
     monitor and provide assistance to members of the Armed Forces 
     at risk of suicide who have been recently discharged from 
     health care, as outlined in Recommendation 6.29 of the final 
     report issued by the Suicide Prevention and Response 
     Independent Review Committee.
       (b) Matters to Be Included.--The centralized program 
     required under subsection (a) shall specify the following:
       (1) The individual and agency responsible for conducting 
     follow-up with members of the Armed Forces at risk of 
     suicide.
       (2) The time when initial follow-up will occur.
       (3) The times when subsequent follow-ups will occur.
       (4) The manner in which such members will be contacted.
       (5) The process for documentation of follow-up attempts.
       (6) The procedures for ensuring the safety of the member if 
     the member is unreachable.
       (7) The processes for military medical treatment facilities 
     to link mortality data to health care delivery data--
       (A) to better identify settings and patients at higher risk 
     of suicide;
       (B) to further inform local suicide prevention strategies 
     for targeted high-risk groups; and
       (C) to ensure compliance with reporting and investigating 
     suicides occurring within 72 hours of discharge from a 
     hospital.
       (c) Members of the Armed Forces at Risk of Suicide 
     Defined.--In this section, the term ``members of the Armed 
     Forces at risk of suicide'' includes members of the Armed 
     Forces who have attempted suicide and members of the Armed 
     Forces who have been discharged as patients and who have been 
     clinically assessed as benefitting from follow-up support 
     related to suicide prevention.
                                 ______
                                 
  SA 617. Mr. WARNER 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__. REVIEW OF ARTIFICIAL INTELLIGENCE INVESTMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) review the current investment into applications of 
     artificial intelligence to the platforms, processes, and 
     operations of the Department of Defense; and
       (2) categorize the types of artificial intelligence 
     investments by categories including but not limited to the 
     following:
       (A) Automation.
       (B) Machine learning.
       (C) Autonomy.
       (D) Robotics.
       (E) Deep learning and neural network.
       (F) Natural language processing.
       (b) Report to Congress.--Not later than 120 days after the 
     completion of the review and categorization required by 
     subsection (a), the Secretary of Defense shall submit to the 
     congressional defense committees a report on--
       (1) the findings of the Secretary with respect to the 
     review and any action taken or proposed to be taken by the 
     Secretary to address such findings; and
       (2) an evaluation of how the findings of the Secretary 
     align with stated strategies of the Department of Defense 
     with regard to artificial intelligence and performance 
     objectives established in section 226 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 
     U.S.C. 4001 note).
                                 ______
                                 
  SA 618. Mr. WARNER (for himself and Mr. Cornyn) 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. __. ELIGIBILITY OF INDIA FOR FOREIGN MILITARY SALES AND 
                   EXPORT STATUS UNDER ARMS EXPORT CONTROL ACT.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 
     21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 
     36(c)(5), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 
     ``India,'' before ``or New Zealand'' each place it appears;
       (2) in section 3(b)(2), by inserting ``the Government of 
     India,'' before ``or the Government of New Zealand''; and
       (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting 
     ``India,'' before ``or Israel'' each place it appears.
                                 ______
                                 
  SA 619. Ms. CORTEZ MASTO 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 E of title VIII, add the following:

     SEC. 866. MODIFICATION TO PROCUREMENT REQUIREMENTS RELATING 
                   TO RARE EARTH ELEMENTS AND STRATEGIC AND 
                   CRITICAL MATERIALS.

       (a) Modification Regarding Advanced Batteries in 
     Disclosures Concerning Rare Earth Elements and Strategic and 
     Critical Materials by Contractors of Department of Defense.--
     Section 857 of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263; 
     136 Stat. 2727; 10 U.S.C. 4811 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A)--
       (i) by striking ``permanent magnet'' and inserting 
     ``permanent magnet, or an advanced battery or advanced 
     battery component (as those terms are defined, respectively, 
     in section 40207(a) of the Infrastructure Investment and Jobs 
     Act (42 U.S.C. 18741(a))),''; and
       (ii) by striking ``of the magnet'' and inserting ``of the 
     magnet, the advanced battery, or the advanced battery 
     component (as applicable)''; and
       (B) in paragraph (2), by amending to read as follows:
       ``(2) Elements.--A disclosure under paragraph (1) with 
     respect to a system described in that paragraph shall 
     include--
       ``(A) if the system includes a permanent magnet, an 
     identification of the country or countries in which--
       ``(i) any rare earth elements and strategic and critical 
     materials used in the magnet were mined;
       ``(ii) such elements and materials were refined into 
     oxides;
       ``(iii) such elements and materials were made into metals 
     and alloys; and
       ``(iv) the magnet was sintered or bonded and magnetized; 
     and
       ``(B) if the system includes an advanced battery or an 
     advanced battery component, an identification of the country 
     or countries in which--
       ``(i) any strategic and critical materials that are covered 
     minerals used in the battery or component were mined;
       ``(ii) any strategic and critical materials that are 
     covered minerals used in the battery or component were 
     refined, processed, or reprocessed;
       ``(iii) any strategic and critical materials that are 
     covered minerals and that were manufactured into the battery 
     or component; and
       ``(iv) the battery cell, module, and pack of the battery or 
     component were manufactured and assembled.''; and
       (2) by amending subsection (d) to read as follows:
       ``(d) Definitions.--In this section:
       ``(1) The term `strategic and critical materials' means 
     materials designated as strategic and critical under section 
     3(a) of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98b(a)).
       ``(2) The term `covered minerals' means lithium, nickel, 
     cobalt, manganese, and graphite.''.

[[Page S2724]]

       (b) Technical Amendments.--Subsection (a) of such section 
     857 is further amended--
       (1) in paragraph (3), by striking ``provides the system'' 
     and inserting ``provides the system as described in paragraph 
     (1)''; and
       (2) in paragraph (4)(C), by striking ``a senior acquisition 
     executive'' and inserting ``a service acquisition 
     executive''.
                                 ______
                                 
  SA 620. Mr. WICKER (for himself, Mr. Cardin, 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 appropriate place in title XII, insert the 
     following:

          Subtitle __--Holding Russian Mercenaries Accountable

     SECTION 12_1. SHORT TITLES.

       This subtitle may be cited as the ``Holding Accountable 
     Russian Mercenaries Act'' or the ``HARM Act''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) The Secretary of State's designation of an entity as a 
     foreign terrorist organization results from a determination 
     that--
       (A) the entity is foreign and engages in terrorism or 
     terrorist activity; and
       (B) the terrorist activity threatens the security of the 
     United States or its nationals.
       (2) The activities of the Wagner Group and affiliated 
     entities of Russian national Yevgeniy Prigozhin pose a threat 
     to the national interests and national security of the United 
     States and allies and partners of the United States, 
     including with respect to Russia's war on Ukraine, which 
     President Biden declared, on March 2, 2022, ``pose[s] an 
     unusual and extraordinary threat to the national security and 
     foreign policy of the United States''.
       (3) On June 20, 2017, the Department of the Treasury's 
     Office of Foreign Assets Control designated the Wagner Group 
     and its military leader, Dmitry Utkin, pursuant to Executive 
     Order 13660 (50 U.S.C. 1701 note; relating to blocking 
     property of certain persons contributing to the situation in 
     Ukraine) ``for being responsible for or complicit in, or 
     having engaged in, directly or indirectly, actions or 
     policies that threaten the peace, security, stability, 
     sovereignty or territorial integrity of Ukraine''.
       (4) On September 20, 2018, the Department of State added 
     Yevgeniy Prigozhin and his affiliated entities, including the 
     Wagner Group, to the list of persons identified as part of, 
     or operating for or on behalf of, the defense or intelligence 
     sectors of the Government of the Russian Federation under 
     section 231 of the Countering America's Adversaries Through 
     Sanctions Act (22 U.S.C. 9525).
       (5) On January 20, 2023, a White House spokesperson 
     announced that the Department of the Treasury will designate 
     the Wagner Group as a significant transnational criminal 
     organization pursuant to Executive Order 13581 (50 U.S.C. 
     1701 note; relating to blocking property of transnational 
     criminal organizations), consistent with the authority 
     granted to the President under section 203(a) of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702).
       (6) The Wagner Group, a self-described private actor that 
     undertakes military action and subversive operations at the 
     behest of the Government of the Russian Federation, is a 
     ``terrorist group'' that engages in ``terrorism'' (as defined 
     in section 140(d) of the Foreign Relations Authorization Act, 
     Fiscal Year 1988 and 1989 (22 U.S.C. 2656f(d))), which is 
     ``premeditated, politically motivated violence perpetrated 
     against noncombatant targets by subnational groups or 
     clandestine agents''.
       (7) The Wagner Group and its affiliated entities have 
     committed, or are credibly accused of committing, terrorist 
     activity (as defined in section 212(a)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B))), 
     through their involvement in--
       (A) the massacres, rape, and torture of civilians in Bucha, 
     Ukraine, in March 2022;
       (B) the massacres in Moura, Mali, in March 2022;
       (C) the massacres of migrant workers and civilians in 
     mining regions along the Sudan- Central African Republic 
     border in 2022;
       (D) the murder of Russian journalists in the Central 
     African Republic in June 2018 as well as threats against 
     United States journalists investigating such incident;
       (E) the kidnapping of children in the Central African 
     Republic in 2022 to work in mines;
       (F) the rape and sex trafficking of women and children in 
     the Central African Republic between 2018 and 2022;
       (G) the sabotage and lethal suppression of civilian 
     protestors in Sudan in 2019;
       (H) the use of nerve agents against Libya's Government of 
     National Accord and deployment of illegal land mines and 
     booby-traps in civilian areas of Tripoli between 2019 and 
     2020;
       (I) the torture and execution of a Syrian national in June 
     2017;
       (J) efforts to assassinate Ukrainian President Volodymyr 
     Zelensky in March 2022; and
       (K) the receipt of weapons shipments initially reported in 
     December 2022 from the Democratic People's Republic of Korea, 
     which the Secretary of State had designated a state sponsor 
     of terrorism on November 20, 2017.

     SEC. 12_3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Russian-based mercenary Wagner Group meets the 
     criteria for designation by the Secretary of State as a 
     foreign terrorist organization under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a)); and
       (2) the Secretary of State should designate the Wagner 
     Group as a foreign terrorist organization under such section 
     219(a).

     SEC. 12_4. DESIGNATION OF THE MERCENARY WAGNER GROUP AS A 
                   FOREIGN TERRORIST ORGANIZATION.

       (a) In General.--Upon the date of the enactment of this 
     Act, the Secretary of State shall designate the Wagner Group 
     as a foreign terrorist organization in accordance with 
     section 219(a) of the Immigration and Nationality Act (8 
     U.S.C. 1189(a)).
       (b) Application.--The designation required under subsection 
     (a) shall equally apply to any affiliated and successor 
     entities to the Wagner Group undertaking malign activities 
     against the United States and its allies and partners, 
     including activities taking place in Ukraine, Africa, and the 
     Middle East.
       (c) Waiver.--The President may waive the application of 
     sanctions under this section if the President determines and 
     reports to the appropriate congressional committees that such 
     a waiver is in the national security interest of the United 
     States.
       (d) Annual Report.--Not later than 1 year 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 international 
     activities of the Russian-based mercenary Wagner Group.
       (e) Defined Term.--In this subtitle, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Foreign Relations of the Senate;
       (3) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (4) the Committee on Financial Services of the House of 
     Representatives;
       (5) the Committee on Foreign Affairs of the House of 
     Representatives;
       (6) the Committee on the Judiciary of the House of 
     Representatives; and
       (7) the Committee on Armed Services of the House of 
     Representatives.

     SEC. 12_5. TASK FORCE ON COUNTERING RUSSIAN MALIGN ACTORS AND 
                   MERCENARY PROXIES.

       (a) Establishment.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     establish a task force on countering the Russian mercenary 
     groups and their proxies (referred to in this section as the 
     ``Task Force'').
       (2) Russian mercenary groups and their proxies defined.--In 
     this section, the term ``Russian mercenary groups and their 
     proxies'' means--
       (A) mercenary proxy groups, such as Wagner PMC (and any 
     relevant successors that engage in similar conduct), PMC 
     Patriot, Andreyevsky Krest PMC, PMC Convoy, Akhmat PMC, Moran 
     Security Group, and RSB Group;
       (B) any organization or network that is directly involved 
     in planning and carrying out influence operations in the 
     United States or in any country that is an ally or partner of 
     the United States; and
       (C) any overt or covert financial, procurement, or 
     logistics network directly involved in supporting the actors 
     or activities described in subparagraphs (A) or (B).
       (b) Objectives.--The objectives of the Task Force shall be 
     to--
       (1) identify individuals and entities linked to Russian 
     mercenary groups and their proxies that are responsible for, 
     or complicit in, transnational criminal activities and 
     atrocities in Africa;
       (2) degrade the operational capabilities of Russian 
     mercenary groups and their proxies worldwide;
       (3) disrupt and degrade the financial, procurement, and 
     logistics networks that sustain Russian mercenary groups and 
     their proxies and networks;
       (4) deny Russian mercenary groups and their proxies the use 
     of third-country safe havens or bases of operations that can 
     be used to project influence or support their operations 
     globally;
       (5) coordinate diplomatic activities in countries in which 
     the Wagner Group poses a national security threat;
       (6) engage with allies and partners of the United States to 
     carry out the objectives described in paragraphs (1) through 
     (5); and
       (7) make recommendations for sanctions, including regarding 
     designations and any additional sanctions authorities that 
     may be needed.
       (c) Composition.--
       (1) Leadership.--The Task Force shall be led by the Deputy 
     Secretary of State or another senior official of the 
     Department of State who has been designated by the Secretary 
     of State to lead the Task Force.
       (2) Department of state representatives.--Members of the 
     Task Force shall include representatives of--

[[Page S2725]]

       (A) relevant regional or functional bureaus of the 
     Department of State;
       (B) the Global Engagement Center;
       (C) the Office of Sanctions Coordination;
       (D) the Bureau of Cyberspace and Digital Policy; and
       (E) other offices and bureaus of the Department of State 
     that the Secretary of State determines should be represented 
     on the Task Force.
       (3) Other federal departments and agencies.--Members of the 
     Task Force shall also include representatives of--
       (A) the Department of Defense;
       (B) the Department of the Treasury;
       (C) the intelligence community (as defined in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003);
       (D) the Department of Justice; and
       (E) any other relevant Federal department or agency.
       (d) Report.--Not later than 90 days after establishment of 
     the Task Force, and annually thereafter for the following 3 
     years, the Secretary of State shall submit to the appropriate 
     congressional committees a report containing--
       (1) a summary of the Task Force's efforts to counter 
     Russian mercenary groups and their proxies during the 
     preceding year;
       (2) a description of the Task Force's diplomatic efforts to 
     carry out the objectives described in subsection (b), 
     including--
       (A) diplomatic demarches;
       (B) bilateral engagements;
       (C) coordination of multilateral initiatives with allies 
     and partners; and
       (D) any other relevant diplomatic activities;
       (3) a description of financial, cyber, military, or 
     intelligence tools or authorities used to carry out the 
     objectives described in subsection (b), including the cyber 
     capabilities authorized to be shared under section 398 of 
     title 10, United States Code;
       (4) a description of any information operations or public 
     diplomacy efforts associated with any of the activities 
     described in paragraphs (1) through (3); and
       (5) a description of the coordination and synchronization 
     of efforts among the Department of State, the Department of 
     the Treasury, the Office of the Director of National 
     Intelligence, Department of Defense, and any other relevant 
     Federal agencies, to counter Russian mercenary groups and 
     their proxies in affected countries.

     SEC. 12_6. ENHANCED DIPLOMATIC EFFORTS AND INCREASING 
                   PERSONNEL TO COUNTER THE ACTIVITIES OF THE 
                   WAGNER GROUP AND OTHER RUSSIAN MILITARY 
                   COMPANIES.

       (a) Plan to Enhance Diplomatic Efforts.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of State shall develop and submit to the 
     appropriate congressional committees a plan for enhancing 
     diplomatic efforts with governments and regional 
     organizations to counter the Wagner Group, any relevant 
     successors to the Wagner Group that engage in similar 
     conduct, and other Russian mercenary groups and their 
     proxies. Such plan shall include recommendations for 
     increasing the number of personnel at certain United States 
     diplomatic missions to ensure that relevant embassies have 
     the personnel to focus on the activities, policies, and 
     investments of Russian mercenary groups and their proxies.
       (b) Additional Staffing Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a staffing plan to the appropriate congressional 
     committees for key diplomatic posts in Africa (including 
     north Africa) to increase monitoring and reporting on the 
     activities of the Wagner Group, any relevant successors to 
     the Wagner Group that engage in similar conduct, and other 
     Russian mercenary groups and their proxies. Such plan shall 
     identify new incentives for filling positions that are hard 
     to staff.
       (2) Financial and human resources.--The Secretary of State 
     shall prioritize efforts to ensure that United States 
     diplomatic missions in countries in which the Wagner Group 
     poses a national security threat have sufficient financial 
     and human resources to engage in effective public diplomacy 
     to counter the influence of the Wagner Group and other 
     Russian mercenary proxy groups.
       (c) Branding and Marking United States Foreign 
     Assistance.--The Secretary of State, the Administrator of the 
     United States Agency for International Development, and the 
     heads of other relevant Federal departments and agencies 
     should--
       (1) prescribe the use of the United States flag to 
     identify, consistent with section 641 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2401), all foreign 
     assistance provided by the United States to countries in 
     which the Wagner Group poses a national security threat;
       (2) limit the use of branding and marking waivers, as 
     appropriate, for humanitarian assistance provided by the 
     United States to such countries; and
       (3) only use branding and marking waivers on a case-by-case 
     basis for non-humanitarian programs administered by the 
     Department of State, the United States Agency for 
     International Development, or another Federal department or 
     agency administering programs in such countries.
       (d) Efforts to Limit Benefits From Illicit Extraction and 
     Trade in Natural Resources.--The Secretary of State, in 
     coordination with the heads of other relevant Federal 
     departments and agencies, shall engage in diplomatic efforts 
     to limit the ability of the Wagner Group, any successor to 
     the Wagner Group that engages in similar conduct, and other 
     Russian mercenary proxy groups to engage in, or materially 
     benefit from, the smuggling and illicit extraction, refining, 
     and trade of gold and other natural resources, including by 
     encouraging--
       (1) the harmonization of tax regimes;
       (2) the adoption of due diligence and international 
     standards for conflict-free and responsible sourcing of 
     natural resources; and
       (3) the formalization of artisanal mining sectors.

     SEC. 12_7. STRATEGY TO COUNTER THE WAGNER GROUP.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with relevant Federal agencies, shall develop 
     and submit to the appropriate congressional committees a 
     strategy to deter and counter the global activities of the 
     Wagner Group and any successor to the Wagner Group that 
     engages in similar conduct.
       (b) Elements.--The strategy required under subsection (a) 
     shall include the following elements:
       (1) Regional and country-specific approaches to countering 
     the influence and activities of the Wagner Group and any 
     successor that engages in similar conduct in Africa, Europe, 
     the Middle East, and Latin America, including efforts to 
     counter recruitment by or on behalf of the Wagner Group and 
     any successor to the Wagner Group that engages in similar 
     conduct.
       (2) A comprehensive campaign, conducted in partnership with 
     the Global Engagement Center, designed to--
       (A) expose the activities of the Wagner Group and any 
     successor to the Wagner Group that engages in similar 
     conduct; and
       (B) counter the propaganda and disinformation and 
     misinformation operations of the Wagner Group.
       (3) Examples of past efforts to accomplish the objectives 
     described in subparagraphs (A) and (B) of paragraph (2) and a 
     list of the tools that have been used for disinformation 
     purposes.
       (4) A plan to utilize other tools available to the United 
     States Government to degrade the operations of the Wagner 
     Group and any successor to the Wagner Group that engages in 
     similar conduct.
       (5) An analysis of policy and programmatic limitations, 
     gaps, and resource requirements to effectively counter the 
     Russian Federation's malign influence and activities in 
     Africa, Latin America, the Caribbean, the Middle East, Asia, 
     and other regions, as appropriate.
       (6) Recommendations for any additional authorities or 
     resources needed to more effectively degrade operations and 
     influence of the Wagner Group, any successor to the Wagner 
     Group that engages in similar conduct, and similar groups.
       (c) Form.--The strategy required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 12_8. INFLUENCING INTERNATIONAL FINANCIAL INSTITUTIONS 
                   TO CONSIDER WAGNER GROUP MINING CONCESSIONS 
                   WHEN CONSIDERING LOANS AND DEVELOPMENT 
                   FINANCING PROJECTS.

       (a) Consideration by International Monetary Fund of Mining 
     Concessions With Affiliated Entities of the Wagner Group.--
     The Secretary of State, in consultation with the Secretary of 
     the Treasury, shall advise the United States Executive 
     Director of the International Monetary Fund to use the voice 
     and vote of the United States to ensure that the 
     International Monetary Fund, when considering a loan to a 
     country, considers whether the potential recipient of such 
     loan has provided mining concessions or direct budgetary 
     support to the Wagner Group or entities affiliated with the 
     Wagner Group.
       (b) Consideration by Export-Import Bank of the United 
     States of Mining Projects.--The Secretary of State, in 
     consultation with the Secretary of Treasury, shall advise the 
     United States Chair and Director of the Board of Governors of 
     the Export-Import Bank of the United States to use the voice 
     and vote of the United States to ensure that the Export-
     Import Bank, when considering development financing projects, 
     reviews whether the potential recipient has provided mining 
     concessions or direct budgetary support to the Wagner Group 
     or entities affiliated with the Wagner Group.

     SEC. 12_9. INFORMATION SHARING ON HIGH-VALUE WAGNER GROUP 
                   TARGETS.

       The Secretary of State is authorized to take appropriate 
     steps to share information regarding high-value Wagner Group 
     targets with like-minded foreign government partners, which 
     could include full names and biometric data of individual 
     targets, if available and relevant to determining visa 
     restrictions.
                                 ______
                                 
  SA 621. Mr. WICKER (for himself, Mr. Scott of South Carolina, and Ms. 
Ernst) 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

[[Page S2726]]

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. ESTABLISHING A COORDINATOR FOR COUNTERING MEXICO'S 
                   CRIMINAL CARTELS.

       (a) Sense of the Senate.-- It is the sense of the Senate 
     that--
       (1) countering Mexico's criminal cartels must be a top 
     national security priority of the United States; and
       (2) resources from across the United States Government must 
     be leveraged to end the devastation that those organizations 
     have inflicted on the people of the United States.
       (b) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, the Attorney General, and the 
     Secretary of the Treasury, shall designate an existing 
     official within the executive branch to serve as senior-level 
     coordinator to coordinate, in conjunction with other relevant 
     agencies, all defense, diplomatic, intelligence, financial, 
     and legal efforts to counter the drug- and human-trafficking 
     activities of Mexico's criminal cartels.
       (c) Retention of Authority.--The designation of a 
     coordinator under subsection (b) shall not deprive any agency 
     of any authority to independently perform functions of that 
     agency.
       (d) Quarterly Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through January 31, 2029, the coordinator designated under 
     subsection (b) shall submit to the appropriate committees of 
     Congress a detailed report on the following:
       (A) Efforts taken during the previous quarter to bolster 
     defense cooperation with the Government of Mexico against 
     Mexico's criminal cartels, and any other activities of the 
     Department of Defense with respect to countering the cartels, 
     including in cooperation with the Government of Mexico or 
     interagency partners.
       (B) Diplomatic efforts, including numbers of demarches and 
     meetings, taken during the previous quarter to highlight and 
     counter the human rights abuses of Mexico's criminal cartels, 
     including human trafficking, sex trafficking, other 
     exploitation of migrants, endangerment of children, and other 
     abuses.
       (C) Diplomatic efforts taken during the previous quarter to 
     improve cooperation with the Government of Mexico in 
     countering Mexico's criminal cartels, and a detailed list and 
     assessment of any actions that the Government of Mexico has 
     taken during the previous quarter to counter the cartels.
       (D) Diplomatic efforts taken during the previous quarter to 
     improve cooperation with partners and allies in countering 
     Mexico's criminal cartels.
       (E) Efforts taken during the previous quarter to bolster 
     the screening process at ports of entry to prevent members 
     and associates of Mexico's criminal cartels, and individuals 
     who are working for the cartels, from entering or trafficking 
     drugs, humans, and contraband into the United States.
       (F) Efforts taken during the previous quarter to encourage 
     the Government of Mexico to improve its screening process 
     along its own ports of entry in order to prevent illicit 
     cash, weapons, and contraband that is destined for Mexico's 
     criminal cartels from entering Mexico.
       (G) Efforts taken during the previous quarter to 
     investigate and prosecute members and associates of Mexico's 
     criminal cartels, including members and associates operating 
     from within the United States.
       (H) Efforts taken during the previous quarter to encourage 
     the Government of Mexico to increase its investigation and 
     prosecution of leaders, members, and associates of Mexcio's 
     criminal cartels within Mexico.
       (I) Efforts taken during the previous quarter to initiate 
     or improve the sharing of intelligence with allies and 
     partners, including the Government of Mexico, for the purpose 
     of countering Mexico's criminal cartels.
       (J) Efforts taken during the previous quarter to impose 
     sanctions with respect to--
       (i) leaders, members, and associates of Mexico's criminal 
     cartels; and
       (ii) any companies, banks, or other institutions that 
     facilitate the cartels' human-trafficking, drug-trafficking, 
     and other criminal enterprises.
       (K) The total number of personnel and resources in the 
     Department of Defense, the Department of State, the 
     Department of Homeland Security, the Department of Justice, 
     and the Department of the Treasury focused on countering 
     Mexico's criminal cartels.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, the 
     Committee on Homeland Security and Governmental Affairs, and 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, the 
     Committee on Homeland Security, and the Committee on 
     Financial Services of the House of Representatives.
       (2) Mexico's criminal cartels.--The term ``Mexico's 
     criminal cartels'' means the following:
       (A) Criminal organizations the operations of which include 
     human-trafficking, drug-trafficking, and other types of 
     smuggling operations across the southwest border of the 
     United States and take place largely within Mexico, including 
     the following:
       (i) The Sinaloa Cartel.
       (ii) The Jalisco New Generation Cartel.
       (iii) The Gulf Cartel.
       (iv) The Los Zetas Cartel.
       (v) The Northeast Cartel.
       (vi) The Juarez Cartel.
       (vii) The Tijuana Cartel.
       (viii) The Beltran-Leyva Cartel.
       (ix) The La Familia Michoacana, also known as the Knights 
     Templar Cartel.
       (x) Las Moicas.
       (xi) La Empresa Nueva.
       (xii) MS-13.
       (xiii) The Medellin Cartel.
       (B) Any successor organization to an organization described 
     in subparagraph (A).
                                 ______
                                 
  SA 622. 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, 2026''.
                                 ______
                                 
  SA 623. 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 appropriate place, insert the following:

     SEC. ___. FIGHTING POST-TRAUMATIC STRESS DISORDER.

       (a) Findings.--Congress finds the following:
       (1) Public safety officers serve their communities with 
     bravery and distinction in order to keep their communities 
     safe.
       (2) Public safety officers, including police officers, 
     firefighters, emergency medical technicians, and 911 
     dispatchers, are on the front lines of dealing with 
     situations that are stressful, graphic, harrowing, and life-
     threatening.
       (3) The work of public safety officers puts them at risk 
     for developing post-traumatic stress disorder and acute 
     stress disorder.
       (4) It is estimated that 30 percent of public safety 
     officers develop behavioral health conditions at some point 
     in their lifetimes, including depression and post-traumatic 
     stress disorder, in comparison to 20 percent of the general 
     population that develops such conditions.
       (5) Victims of post-traumatic stress disorder and acute 
     stress disorder are at a higher risk of dying by suicide.
       (6) Firefighters have been reported to have higher suicide 
     attempt and ideation rates than the general population.
       (7) It is estimated that between 125 and 300 police 
     officers die by suicide every year.
       (8) In 2019, pursuant to section 2(b) of the Law 
     Enforcement Mental Health and Wellness Act of 2017 (Public 
     Law 115-113; 131 Stat. 2276), the Director of the Office of 
     Community Oriented Policing Services of the Department of 
     Justice developed a report (referred to in this section as 
     the ``LEMHWA report'') that expressed that many law 
     enforcement agencies do not have the capacity or local access 
     to the mental health professionals necessary for treating 
     their law enforcement officers.
       (9) The LEMHWA report recommended methods for establishing 
     remote access or regional mental health check programs at the 
     State or Federal level.
       (10) Individual police and fire departments generally do 
     not have the resources to employ full-time mental health 
     experts who are able to treat public safety officers with 
     state-of-the-art techniques for the purpose of treating job-
     related post-traumatic stress disorder and acute stress 
     disorder.
       (b) Programming for Post-traumatic Stress Disorder.--
       (1) Definitions.--In this subsection:
       (A) Public safety officer.--The term ``public safety 
     officer''--
       (i) has the meaning given the term in section 1204 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10284); and
       (ii) includes Tribal public safety officers.

[[Page S2727]]

       (B) Public safety telecommunicator.--The term ``public 
     safety telecommunicator'' means an individual who--
       (i) operates telephone, radio, or other communication 
     systems to receive and communicate requests for emergency 
     assistance at 911 public safety answering points and 
     emergency operations centers;
       (ii) takes information from the public and other sources 
     relating to crimes, threats, disturbances, acts of terrorism, 
     fires, medical emergencies, and other public safety matters; 
     and
       (iii) coordinates and provides information to law 
     enforcement and emergency response personnel.
       (2) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Attorney General, acting through 
     the Director of the Office of Community Oriented Policing 
     Services of the Department of Justice, shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a report on--
       (A) not fewer than 1 proposed program, if the Attorney 
     General determines it appropriate and feasible to do so, to 
     be administered by the Department of Justice for making 
     state-of-the-art treatments or preventative care available to 
     public safety officers and public safety telecommunicators 
     with regard to job-related post-traumatic stress disorder or 
     acute stress disorder by providing public safety officers and 
     public safety telecommunicators access to evidence-based 
     trauma-informed care, peer support, counselor services, and 
     family supports for the purpose of treating or preventing 
     post-traumatic stress disorder or acute stress disorder;
       (B) a draft of any necessary grant conditions required to 
     ensure that confidentiality is afforded to public safety 
     officers on account of seeking the care or services described 
     in subparagraph (A) under the proposed program;
       (C) how each proposed program described in subparagraph (A) 
     could be most efficiently administered throughout the United 
     States at the State, Tribal, territorial, and local levels, 
     taking into account in-person and telehealth capabilities;
       (D) a draft of legislative language necessary to authorize 
     each proposed program described in subparagraph (A); and
       (E) an estimate of the amount of annual appropriations 
     necessary for administering each proposed program described 
     in subparagraph (A).
       (3) Development.--In developing the report required under 
     paragraph (2), the Attorney General shall consult relevant 
     stakeholders, including--
       (A) Federal, State, Tribal, territorial, and local agencies 
     employing public safety officers and public safety 
     telecommunicators; and
       (B) non-governmental organizations, international 
     organizations, academies, or other entities, including 
     organizations that support the interests of public safety 
     officers and public safety telecommunicators and the 
     interests of family members of public safety officers and 
     public safety telecommunicators.
                                 ______
                                 
  SA 624. 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. PREVENTING CHILD SEX ABUSE.

       (a) Short Title.--This section may be cited as the 
     ``Preventing Child Sex Abuse Act of 2023''.
       (b) Sense of Congress.--The sense of Congress is the 
     following:
       (1) The safety of children should be a top priority for 
     public officials and communities in the United States.
       (2) According to the Rape, Abuse & Incest National Network, 
     an individual in the United States is sexually assaulted 
     every 68 seconds. And every 9 minutes, that victim is a 
     child. Meanwhile, only 25 out of every 1,000 perpetrators 
     will end up in prison.
       (3) The effects of child sexual abuse can be long-lasting 
     and affect the victim's mental health.
       (4) Victims are more likely than non-victims to experience 
     the following mental health challenges:
       (A) Victims are about 4 times more likely to develop 
     symptoms of drug abuse.
       (B) Victims are about 4 times more likely to experience 
     post-traumatic stress disorder as adults.
       (C) Victims are about 3 times more likely to experience a 
     major depressive episode as adults.
       (5) The criminal justice system should and has acted as an 
     important line of defense to protect children and hold 
     perpetrators accountable.
       (6) However, the horrific crimes perpetuated by Larry 
     Nassar demonstrate firsthand the loopholes that still exist 
     in the criminal justice system. While Larry Nassar was found 
     guilty of several State-level offenses, he was not charged 
     federally for his illicit sexual contact with minors, despite 
     crossing State and international borders to commit this 
     conduct.
       (7) The Department of Justice has also identified a growing 
     trend of Americans who use charitable or missionary work in a 
     foreign country as a cover for sexual abuse of children.
       (8) It is the intent of Congress to prohibit Americans from 
     engaging in sexual abuse or exploitation of minors under the 
     guise of work, including volunteer work, with an organization 
     that affects interstate or foreign commerce, such as an 
     international charity.
       (9) Federal law does not require that an abuser's intention 
     to engage in sexual abuse be a primary, significant, 
     dominant, or motivating purpose of the travel.
       (10) Child sexual abuse does not require physical contact 
     between the abuser and the child. This is especially true as 
     perpetrators turn increasingly to internet platforms, online 
     chat rooms, and webcams to commit child sexual abuse.
       (11) However, a decision of the United States Court of 
     Appeals for the Seventh Circuit found the use of a webcam to 
     engage in sexually provocative activity with a minor did not 
     qualify as ``sexual activity''.
       (12) Congress can address this issue by amending the 
     definition of the term ``sexual activity'' to clarify that it 
     does not require interpersonal, physical contact.
       (13) It is the duty of Congress to provide clearer guidance 
     to ensure that those who commit crimes against children are 
     prosecuted to the fullest extent of the law.
       (c) Interstate Child Sexual Abuse.--Section 2423 of title 
     18, United States Code, is amended--
       (1) in subsection (b), by striking ``with a motivating 
     purpose of engaging in any illicit sexual conduct with 
     another person'' and inserting ``with intent to engage in any 
     illicit sexual conduct with another person'';
       (2) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (i), respectively;
       (3) in subsection (e), as so redesignated, by striking 
     ``with a motivating purpose of engaging in any illicit sexual 
     conduct'' and inserting ``with intent to engage in any 
     illicit sexual conduct''; and
       (4) by inserting after subsection (g), as so redesignated, 
     the following:
       ``(h) Rule of Construction.--As used in this section, the 
     term `intent' shall be construed as any intention to engage 
     in illicit sexual conduct at the time of the travel.''.
       (d) Abuse Under the Guise of Charity.--Section 2423 of 
     title 18, United States Code, as amended by subsection (c) of 
     this section, is amended--
       (1) by inserting after subsection (c) the following:
       ``(d) Illicit Sexual Conduct in Connection With Certain 
     Organizations.--Any citizen of the United States or alien 
     admitted for permanent residence who--
       ``(1) is an officer, director, employee, or agent of an 
     organization that affects interstate or foreign commerce;
       ``(2) makes use of the mails or any means or 
     instrumentality of interstate or foreign commerce through the 
     connection or affiliation of the person with such 
     organization; and
       ``(3) commits an act in furtherance of illicit sexual 
     conduct through the connection or affiliation of the person 
     with such organization, shall be fined under this title, 
     imprisoned for not more than 30 years, or both.'';
       (2) in subsection (f), as so redesignated, by striking ``or 
     (d)'' and inserting ``(d), or (e)''; and
       (3) in subsection (i), as so redesignated, by striking 
     ``(f)(2)'' and inserting ``(g)(2)''.
       (e) Sexual Activity With Minors.--Section 2427 of title 18, 
     United States Code, is amended by inserting ``does not 
     require interpersonal physical contact, and'' before 
     ``includes''.
                                 ______
                                 
  SA 625. 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 appropriate place in subtitle G of title X of 
     division A, insert the following:

     SEC. __. ADMINISTRATIVE FALSE CLAIMS.

       (a) Short Title.--This section may be cited as the 
     ``Administrative False Claims Act of 2023''.
       (b) Change in Short Title.--
       (1) In general.--Subtitle B of title VI of the Omnibus 
     Budget Reconciliation Act of 1986 (Public Law 99-509; 100 
     Stat. 1934) is amended--
       (A) in the subtitle heading, by striking ``Program Fraud 
     Civil Remedies'' and inserting ``Administrative False 
     Claims''; and
       (B) in section 6101 (31 U.S.C. 3801 note), by striking 
     ``Program Fraud Civil Remedies Act of 1986'' and inserting 
     ``Administrative False Claims Act''.
       (2) References.--Any reference to the Program Fraud Civil 
     Remedies Act of 1986 in any provision of law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed a reference to the Administrative False 
     Claims Act.
       (c) Reverse False Claims.--Chapter 38 of title 31, United 
     States Code, is amended--
       (1) in section 3801(a)(3), by amending subparagraph (C) to 
     read as follows:

[[Page S2728]]

       ``(C) made to an authority which has the effect of 
     concealing or improperly avoiding or decreasing an obligation 
     to pay or transmit property, services, or money to the 
     authority,''; and
       (2) in section 3802(a)(3)--
       (A) by striking ``An assessment'' and inserting ``(A) 
     Except as provided in subparagraph (B), an assessment''; and
       (B) by adding at the end the following:
       ``(B) In the case of a claim described in section 
     3801(a)(3)(C), an assessment shall not be made under the 
     second sentence of paragraph (1) in an amount that is more 
     than double the value of the property, services, or money 
     that was wrongfully withheld from the authority.''.
       (d) Increasing Dollar Amount of Claims.--Section 3803(c) of 
     title 31, United States Code, is amended--
       (1) in paragraph (1), by striking ``$150,000'' each place 
     that term appears and inserting ``$1,000,000''; and
       (2) by adding at the end the following:
       ``(3) Adjustment for Inflation.--The maximum amount in 
     paragraph (1) shall be adjusted for inflation in the same 
     manner and to the same extent as civil monetary penalties 
     under the Federal Civil Penalties Inflation Adjustment Act 
     (28 U.S.C. 2461 note).''.
       (e) Recovery of Costs.--Section 3806(g)(1) of title 31, 
     United States Code, is amended to read as follows:
       ``(1)(A) Except as provided in paragraph (2)--
       ``(i) any amount collected under this chapter shall be 
     credited first to reimburse the authority or other Federal 
     entity that expended costs in support of the investigation or 
     prosecution of the action, including any court or hearing 
     costs; and
       ``(ii) amounts reimbursed under clause (i) shall--
       ``(I) be deposited in--
       ``(aa) the appropriations account of the authority or other 
     Federal entity from which the costs described in subparagraph 
     (A) were obligated;
       ``(bb) a similar appropriations account of the authority or 
     other Federal entity; or
       ``(cc) if the authority or other Federal entity expended 
     nonappropriated funds, another appropriate account; and
       ``(II) remain available until expended.
       ``(B) Any amount remaining after reimbursements described 
     in subparagraph (A) shall be deposited as miscellaneous 
     receipts in the Treasury of the United States.''.
       (f) Semiannual Reporting.--Section 405(c) of title 5, 
     United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) information relating to cases under chapter 38 of 
     title 31, including--
       ``(A) the number of reports submitted by investigating 
     officials to reviewing officials under section 3803(a)(1) of 
     such title;
       ``(B) actions taken in response to reports described in 
     subparagraph (A), which shall include statistical tables 
     showing--
       ``(i) pending cases;
       ``(ii) resolved cases;
       ``(iii) the average length of time to resolve each case;
       ``(iv) the number of final agency decisions that were 
     appealed to a district court of the United States or a higher 
     court; and
       ``(v) if the total number of cases in a report is greater 
     than 2--

       ``(I) the number of cases that were settled; and
       ``(II) the total penalty or assessment amount recovered in 
     each case, including through a settlement or compromise; and

       ``(C) instances in which the reviewing official declined to 
     proceed on a case reported by an investigating official; 
     and''.
       (g) Increasing Efficiency of DOJ Processing.--Section 
     3803(j) of title 31, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The reviewing''; and
       (2) by adding at the end the following:
       ``(2) A reviewing official shall notify the Attorney 
     General in writing not later than 30 days before entering 
     into any agreement to compromise or settle allegations of 
     liability under section 3802 and before the date on which the 
     reviewing official is permitted to refer allegations of 
     liability to a presiding officer under subsection (b).''.
       (h) Revision of Definition of Hearing Officials.--
       (1) In general.--Chapter 38 of title 31, United States 
     Code, is amended--
       (A) in section 3801(a)(7)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B)(vii), by adding ``or'' at the end; 
     and
       (iii) by adding at the end the following:
       ``(C) a member of the board of contract appeals pursuant to 
     section 7105 of title 41, if the authority does not employ an 
     available presiding officer under subparagraph (A);''; and
       (B) in section 3803(d)(2)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B)--

       (I) by striking ``the presiding'' and inserting ``(i) in 
     the case of a referral to a presiding officer described in 
     subparagraph (A) or (B) of section 3801(a)(7), the 
     presiding'';
       (II) in clause (i), as so designated, by striking the 
     period at the end and inserting ``; or''; and
       (III) by adding at the end the following:

       ``(ii) in the case of a referral to a presiding officer 
     described in subparagraph (C) of section 3801(a)(7)--
       ``(I) the reviewing official shall submit a copy of the 
     notice required by under paragraph (1) and of the response of 
     the person receiving such notice requesting a hearing--

       ``(aa) to the board of contract appeals that has 
     jurisdiction over matters arising from the agency of the 
     reviewing official pursuant to section 7105(e)(1) of title 
     41; or
       ``(bb) if the Chair of the board of contract appeals 
     declines to accept the referral, to any other board of 
     contract appeals; and

       ``(II) the reviewing official shall simultaneously mail, by 
     registered or certified mail, or shall deliver, notice to the 
     person alleged to be liable under section 3802 that the 
     referral has been made to an agency board of contract appeals 
     with an explanation as to where the person may obtain the 
     relevant rules of procedure promulgated by the board; and''; 
     and
       (iii) by adding at the end the following:
       ``(C) in the case of a hearing conducted by a presiding 
     officer described in subparagraph (C) of section 3801(a)(7)--
       ``(i) the presiding officer shall conduct the hearing 
     according to the rules and procedures promulgated by the 
     board of contract appeals; and
       ``(ii) the hearing shall not be subject to the provisions 
     in subsection (g)(2), (h), or (i).''.
       (2) Agency boards.--Section 7105(e) of title 41, United 
     States Code, is amended--
       (A) in paragraph (1), by adding at the end the following:
       ``(E) Administrative false claims act.--
       ``(i) In general.--The boards described in subparagraphs 
     (B), (C), and (D) shall have jurisdiction to hear any case 
     referred to a board of contract appeals under section 3803(d) 
     of title 31.
       ``(ii) Declining referral.--If the Chair of a board 
     described in subparagraph (B), (C), or (D) determines that 
     accepting a case under clause (i) would prevent adequate 
     consideration of other cases being handled by the board, the 
     Chair may decline to accept the referral.''; and
       (B) in paragraph (2), by inserting ``or, in the event that 
     a case is filed under chapter 38 of title 31, any relief that 
     would be available to a litigant under that chapter'' before 
     the period at the end.
       (3) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, each authority head, as defined in 
     section 3801 of title 31, United States Code, and each board 
     of contract appeals of a board described in subparagraph (B), 
     (C), or (D) of section 7105(e) of title 41, United States 
     Code, shall amend procedures regarding proceedings as 
     necessary to implement the amendments made by this 
     subsection.
       (i) Revision of Limitations.--Section 3808 of title 31, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) A notice to the person alleged to be liable with 
     respect to a claim or statement shall be mailed or delivered 
     in accordance with section 3803(d)(1) not later than the 
     later of--
       ``(1) 6 years after the date on which the violation of 
     section 3802 is committed; or
       ``(2) 3 years after the date on which facts material to the 
     action are known or reasonably should have been known by the 
     authority head, but in no event more than 10 years after the 
     date on which the violation is committed.''.
       (j) Definitions.--Section 3801 of title 31, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(10) `material' has the meaning given the term in section 
     3729(b) of this title; and
       ``(11) `obligation' has the meaning given the term in 
     section 3729(b) of this title.''; and
       (2) by adding at the end the following:
       ``(d) For purposes of subsection (a)(10), materiality shall 
     be determined in the same manner as under section 3729 of 
     this title.''.
       (k) Promulgation of Regulations.--Not later than 180 days 
     after the date of enactment of this Act, each authority head, 
     as defined in section 3801 of title 31, United States Code, 
     shall--
       (1) promulgate regulations and procedures to carry out this 
     section and the amendments made by this section; and
       (2) review and update existing regulations and procedures 
     of the authority to ensure compliance with this section and 
     the amendments made by this section.
                                 ______
                                 
  SA 626. 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 appropriate place, insert the following:

     SECTION 1. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

        Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended--
       (1) by redesignating paragraph (58) as paragraph (59);

[[Page S2729]]

       (2) by redesignating the second paragraph designated as 
     paragraph (57) (relating to the definition of ``serious drug 
     felony'') as paragraph (58); and
       (3) by moving paragraphs (57), (58) (as so redesignated), 
     and (59) (as so redesignated) 2 ems to the left.
                                 ______
                                 
  SA 627. 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. DISCLOSING FOREIGN INFLUENCE IN LOBBYING.

       (a) Short Title.--This section may be cited as the 
     ``Disclosing Foreign Influence in Lobbying Act''.
       (b) Clarification of Contents of Registration.--Section 
     4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1603(b)) is amended--
       (1) in paragraph (6), by striking ``and'' at the end; and
       (2) in paragraph (7), by striking ``the offense.'' and 
     inserting the following: ``the offense; and
       ``(8) notwithstanding paragraph (4), the name and address 
     of each government of a foreign country (including any agency 
     or subdivision of a government of a foreign country, such as 
     a regional or municipal unit of government) and foreign 
     political party, other than the client, that participates in 
     the direction, planning, supervision, or control of any 
     lobbying activities of the registrant.''.
                                 ______
                                 
  SA 628. Mr. KENNEDY (for himself, Mr. Scott of Florida, Mr. Grassley, 
and Mr. Cramer) 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 __--Independent and Objective Oversight of Ukrainian 
                               Assistance

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Independent and 
     Objective Oversight of Ukrainian Assistance Act''.

     SEC. 12_2. PURPOSES.

       The purposes of this subtitle are--
       (1) to provide for the independent and objective conduct 
     and supervision of audits and investigations relating to the 
     programs and operations funded with amounts appropriated or 
     otherwise made available to Ukraine for military, economic, 
     and humanitarian aid;
       (2) to provide for the independent and objective leadership 
     and coordination of, and recommendations concerning, policies 
     designed--
       (A) to promote economic efficiency and effectiveness in the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) to prevent and detect waste, fraud, and abuse in such 
     programs and operations; and
       (3) to provide for an independent and objective means of 
     keeping the Secretary of State, the Secretary of Defense, and 
     the heads of other relevant Federal agencies fully and 
     currently informed about--
       (A) problems and deficiencies relating to the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) the necessity for, and the progress toward 
     implementing, corrective action related to such programs.

     SEC. 12_3. DEFINITIONS.

       In this subtitle:
       (1) Amounts appropriated or otherwise made available for 
     the military, economic, and humanitarian aid to ukraine.--The 
     term ``amounts appropriated or otherwise made available for 
     the military, economic, and humanitarian aid for Ukraine'' 
     means amounts appropriated or otherwise made available for 
     any fiscal year--
       (A) for the Ukraine Security Assistance Initiative;
       (B) for Foreign Military Financing funding for Ukraine;
       (C) to the Department of State under the heading 
     ``nonproliferation, anti-terrorism, demining and related 
     programs''; and
       (D) under titles III and VI of the Ukraine Supplemental 
     Appropriations Act (division N of Public Law 117-103)
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on Appropriations of the House of 
     Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (H) the Committee on Oversight and Reform of the House of 
     Representatives.
       (3) Office.--The term ``Office'' means the Office of the 
     Special Inspector General for Ukrainian Military, Economic, 
     and Humanitarian Aid established under section 12_4(a).
       (4) Special inspector general.--The term ``Special 
     Inspector General'' means the Special Inspector General for 
     Ukrainian Military, Economic, and Humanitarian Aid appointed 
     pursuant to section 12_4(b).

     SEC. 12_4. ESTABLISHMENT OF OFFICE OF THE SPECIAL INSPECTOR 
                   GENERAL FOR UKRAINIAN MILITARY, ECONOMIC, AND 
                   HUMANITARIAN AID.

       (a) In General.--There is hereby established the Office of 
     the Special Inspector General for Ukrainian Military, 
     Economic, and Humanitarian Aid to carry out the purposes set 
     forth in section 12_2.
       (b) Appointment of Special Inspector General.--The head of 
     the Office shall be the Special Inspector General for 
     Ukrainian Military, Economic, and Humanitarian Aid, who shall 
     be appointed by the President. The first Special Inspector 
     General shall be appointed not later than 30 days after the 
     date of the enactment of this Act.
       (c) Qualifications.--The appointment of the Special 
     Inspector General shall be made solely on the basis of 
     integrity and demonstrated ability in accounting, auditing, 
     financial analysis, law, management analysis, public 
     administration, or investigations.
       (d) Compensation.--The annual rate of basic pay of the 
     Special Inspector General shall be the annual rate of basic 
     pay provided for positions at level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (e) Prohibition on Political Activities.--For purposes of 
     section 7324 of title 5, United States Code, the Special 
     Inspector General is not an employee who determines policies 
     to be pursued by the United States in the nationwide 
     administration of Federal law.
       (f) Removal.--The Special Inspector General shall be 
     removable from office in accordance with section 103(b) of 
     the Inspector General Act of 1978 (5 U.S.C. App.).

     SEC. 12_5. ASSISTANT INSPECTORS GENERAL.

       The Special Inspector General, in accordance with 
     applicable laws and regulations governing the civil service, 
     shall appoint--
       (1) an Assistant Inspector General for Auditing, who shall 
     supervise the performance of auditing activities relating to 
     programs and operations supported by amounts appropriated or 
     otherwise made available for military, economic, and 
     humanitarian aid to Ukraine; and
       (2) an Assistant Inspector General for Investigations, who 
     shall supervise the performance of investigative activities 
     relating to the programs and operations described in 
     paragraph (1).

     SEC. 12_6. SUPERVISION.

       (a) In General.--Except as provided in subsection (b), the 
     Special Inspector General shall report directly to, and be 
     under the general supervision of, the Secretary of State and 
     the Secretary of Defense.
       (b) Independence to Conduct Investigations and Audits.--No 
     officer of the Department of Defense, the Department of 
     State, the United States Agency for International 
     Development, or any other relevant Federal agency may prevent 
     or prohibit the Special Inspector General from--
       (1) initiating, carrying out, or completing any audit or 
     investigation related to amounts appropriated or otherwise 
     made available for the military, economic, and humanitarian 
     aid to Ukraine; or
       (2) issuing any subpoena during the course of any such 
     audit or investigation.

     SEC. 12_7. DUTIES.

       (a) Oversight of Military, Economic, and Humanitarian Aid 
     to Ukraine Provided After February 24, 2022.--The Special 
     Inspector General shall conduct, supervise, and coordinate 
     audits and investigations of the treatment, handling, and 
     expenditure of amounts appropriated or otherwise made 
     available for military, economic, and humanitarian aid to 
     Ukraine, and of the programs, operations, and contracts 
     carried out utilizing such funds, including--
       (1) the oversight and accounting of the obligation and 
     expenditure of such funds;
       (2) the monitoring and review of reconstruction activities 
     funded by such funds;
       (3) the monitoring and review of contracts funded by such 
     funds;
       (4) the monitoring and review of the transfer of such funds 
     and associated information between and among departments, 
     agencies, and entities of the United States and private and 
     nongovernmental entities;
       (5) the maintenance of records regarding the use of such 
     funds to facilitate future audits and investigations of the 
     use of such funds;
       (6) the monitoring and review of the effectiveness of 
     United States coordination with the Government of Ukraine, 
     major recipients of Ukrainian refugees, partners in the 
     region, and other donor countries;
       (7) the investigation of overpayments (such as duplicate 
     payments or duplicate billing) and any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities; and
       (8) the referral of reports compiled as a result of such 
     investigations, as necessary, to

[[Page S2730]]

     the Department of Justice to ensure further investigations, 
     prosecutions, recovery of funds, or other remedies.
       (b) Other Duties Related to Oversight.--The Special 
     Inspector General shall establish, maintain, and oversee such 
     systems, procedures, and controls as the Special Inspector 
     General considers appropriate to discharge the duties 
     described in subsection (a).
       (c) Consultation.--The Special Inspector General shall 
     consult with the appropriate congressional committees before 
     engaging in auditing activities outside of Ukraine.
       (d) Duties and Responsibilities Under Inspector General Act 
     of 1978.--In addition to the duties specified in subsections 
     (a) and (b), the Special Inspector General shall have the 
     duties and responsibilities of inspectors general under the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (e) Coordination of Efforts.--In carrying out the duties, 
     responsibilities, and authorities of the Special Inspector 
     General under this subtitle, the Special Inspector General 
     shall coordinate with, and receive cooperation from--
       (1) the Inspector General of the Department of Defense;
       (2) the Inspector General of the Department of State;
       (3) the Inspector General of the United States Agency for 
     International Development; and
       (4) the Inspector General of any other relevant Federal 
     agency.

     SEC. 12_8. POWERS AND AUTHORITIES.

       (a) Authorities Under Chapter 4 of Part I of Title 5, 
     United States Code.--
       (1) In general.--Except as provided in paragraph (2), in 
     carrying out the duties specified in section 12_7, the 
     Special Inspector General shall have the authorities provided 
     under section 406 of title 5, United States Code.
       (2) Limitation.--The Special Inspector General is not 
     authorized to audit or investigate the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
       (b) Audit Standards.--The Special Inspector General shall 
     carry out the duties specified in section 107(a) in 
     accordance with the standards and guidelines set forth in 
     section 404(b)(1) of title 5, United States Code.
       (c) Expedited Hiring Authority.--
       (1) In general.--Subject to paragraph (2), the Special 
     Inspector General may exercise any authority provided to the 
     head of a temporary organization under section 3161 of title 
     5, United States Code, without regard to whether the Office 
     qualifies as a temporary organization under subsection (a) of 
     that section.
       (2) Limitations.--With respect to the exercise of authority 
     under subsection (b) of section 3161 of title 5, United 
     States Code, as authorized under paragraph (1)--
       (A) the Special Inspector General may not make any 
     appointment under that subsection on or after the later of--
       (i) the date that is 180 days after the date of the 
     enactment of this Act; or
       (ii) the date that is 180 days after the date on which the 
     Special Inspector General is confirmed by the Senate;
       (B) paragraph (2) of that subsection (relating to periods 
     of appointments) shall not apply; and
       (C) no period of an appointment made under that subsection 
     may extend after the date on which the Office terminates 
     pursuant to section 12_3.
       (3) Reemployment of annuitants.--
       (A) In general.--Subject to subparagraph (B), if an 
     annuitant receiving an annuity from the Civil Service 
     Retirement and Disability Fund becomes employed in a position 
     in the Office--
       (i) the annuity of that annuitant shall continue; and
       (ii) such reemployed annuitant shall not be considered to 
     be an employee for the purposes of chapter 83 or 84 of title 
     5, United States Code.
       (B) Limitations.--Subparagraph (A) shall apply to--
       (i) not more than 25 employees of the Office at any 
     particular time, as designated by the Special Inspector 
     General; and
       (ii) pay periods beginning after the date of enactment of 
     this Act.

     SEC. 12_9. PERSONNEL, FACILITIES, AND OTHER RESOURCES.

       (a) Personnel.--The Special Inspector General may select, 
     appoint, and employ such officers and employees as may be 
     necessary for carrying out the duties of the Special 
     Inspector General, subject to the provisions of--
       (1) chapter 33 of title 5, United States Code, governing 
     appointments in the competitive service; and
       (2) chapter 51 and subchapter III of chapter 53 of such 
     title, relating to classification and General Schedule pay 
     rates.
       (b) Employment of Experts and Consultants.--The Special 
     Inspector General may obtain the services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule under section 5332 of such title.
       (c) Contracting Authority.--To the extent and in such 
     amounts as may be provided in advance by appropriations Acts, 
     the Special Inspector General may--
       (1) enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons; and
       (2) make such payments as may be necessary to carry out the 
     duties of the Special Inspector General.
       (d) Resources.--The Secretary of State or the Secretary of 
     Defense, as appropriate, shall provide the Special Inspector 
     General with--
       (1) appropriate and adequate office space at appropriate 
     locations of the Department of State or the Department of 
     Defense, as appropriate, in Ukraine or in European partner 
     countries;
       (2) such equipment, office supplies, and communications 
     facilities and services as may be necessary for the operation 
     of such offices; and
       (3) necessary maintenance services for such offices and the 
     equipment and facilities located in such offices.
       (e) Assistance From Federal Agencies.--
       (1) In general.--Upon request of the Special Inspector 
     General for information or assistance from any department, 
     agency, or other entity of the Federal Government, the head 
     of such entity shall, to the extent practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Special Inspector General or an 
     authorized designee.
       (2) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Special Inspector General is, 
     in the judgment of the Special Inspector General, 
     unreasonably refused or not provided, the Special Inspector 
     General shall immediately report the circumstances to--
       (A) the Secretary of State or the Secretary of Defense, as 
     appropriate; and
       (B) the appropriate congressional committees.

     SEC. 12_0. REPORTS.

       (a) Quarterly Reports.--Not later than 30 days after the 
     end of each quarter of each fiscal year, the Special 
     Inspector General shall submit a report to the appropriate 
     congressional committees, the Secretary of State, and the 
     Secretary of Defense that--
       (1) summarizes, for the applicable quarter, and to the 
     extent possible, for the period from the end of such quarter 
     to the date on which the report is submitted, the activities 
     during such period of the Special Inspector General and the 
     activities under programs and operations funded with amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (2) includes, for applicable quarter, a detailed statement 
     of all obligations, expenditures, and revenues associated 
     with military, economic, and humanitarian activities in 
     Ukraine, including--
       (A) obligations and expenditures of appropriated funds;
       (B) a project-by-project and program-by-program accounting 
     of the costs incurred to date for military, economic, and 
     humanitarian aid to Ukraine, including an estimate of the 
     costs to be incurred by the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, and other relevant Federal 
     agencies to complete each project and each program;
       (C) revenues attributable to, or consisting of, funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by any Federal department or 
     agency and any obligations or expenditures of such revenues;
       (D) revenues attributable to, or consisting of, foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by any Federal department or agency and any 
     obligations or expenditures of such revenues;
       (E) operating expenses of entities receiving amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (F) for any contract, grant, agreement, or other funding 
     mechanism described in subsection (b)--
       (i) the dollar amount of the contract, grant, agreement, or 
     other funding mechanism;
       (ii) a brief discussion of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       (iii) a discussion of how the Federal department or agency 
     involved in the contract, grant, agreement, or other funding 
     mechanism identified, and solicited offers from, potential 
     individuals or entities to perform the contract, grant, 
     agreement, or other funding mechanism, including a list of 
     the potential individuals or entities that were issued 
     solicitations for the offers; and
       (iv) the justification and approval documents on which the 
     determination to use procedures other than procedures that 
     provide for full and open competition was based.
       (b) Covered Contracts, Grants, Agreements, and Funding 
     Mechanisms.--A contract, grant, agreement, or other funding 
     mechanism described in this subsection is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by any Federal department or agency that involves the 
     use of amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid to Ukraine with 
     any public or private sector entity--
       (1) to build or rebuild the physical infrastructure of 
     Ukraine;
       (2) to establish or reestablish a political or societal 
     institution of Ukraine;
       (3) to provide products or services to the people of 
     Ukraine; or
       (4) to provide security assistance to Ukraine.

[[Page S2731]]

       (c) Public Availability.--The Special Inspector General 
     shall publish each report submitted pursuant to subsection 
     (a) on a publicly available internet website in English, 
     Ukrainian, and Russian.
       (d) Form.--Each report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex if the Special Inspector General determines 
     that a classified annex is necessary.
       (e) Submission of Comments to Congress.--During the 30-day 
     period beginning on the date a report is received pursuant to 
     subsection (a), the Secretary of State and the Secretary of 
     Defense may submit comments to the appropriate congressional 
     committees, in unclassified form, regarding any matters 
     covered by the report that the Secretary of State or the 
     Secretary of Defense considers appropriate. Such comments may 
     include a classified annex if the Secretary of State or the 
     Secretary of Defense considers such annex to be necessary.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to authorize the public disclosure of information 
     that is--
       (1) specifically prohibited from disclosure by any other 
     provision of law;
       (2) specifically required by Executive order to be 
     protected from disclosure in the interest of defense or 
     national security or in the conduct of foreign affairs; or
       (3) a part of an ongoing criminal investigation.

     SEC. 12_1. TRANSPARENCY.

       (a) Report.--Except as provided in subsection (c), not 
     later than 60 days after receiving a report pursuant to 
     section 12_0(a), the Secretary of State and the Secretary of 
     Defense shall jointly make copies of the report available to 
     the public upon request and at a reasonable cost.
       (b) Comments.--Except as provided in subsection (c), not 
     later than 60 days after submitting comments pursuant to 
     section 12_0(e), the Secretary of State and the Secretary of 
     Defense shall jointly make copies of such comments available 
     to the public upon request and at a reasonable cost.
       (c) Waiver.--
       (1) Authority.--The President may waive the requirement 
     under subsection (a) or (b) with respect to availability to 
     the public of any element in a report submitted pursuant to 
     section 12_0(a) or any comments submitted pursuant to section 
     12_0(e) if the President determines that such waiver is 
     justified for national security reasons.
       (2) Notice of waiver.--The President shall publish a notice 
     of each waiver made under paragraph (1) in the Federal 
     Register not later than the date of the submission to the 
     appropriate congressional committees of a report required 
     under section 110(a) or any comments submitted pursuant to 
     section 12_0(e). Each such report and comments shall specify 
     whether a waiver was made pursuant to paragraph (1) and which 
     elements in the report or the comments were affected by such 
     waiver.

     SEC. 12_2. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     $20,000,000 for fiscal year 2024 to carry out this subtitle.
       (b) Rescission.--Of the amount appropriated under the 
     heading ``assistance for europe, eurasia, and central asia'' 
     in title III of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2023 (division K of 
     Public Law 117-328), $20,000,000 is rescinded.

     SEC. 12_3. TERMINATION.

       (a) In General.--The Office shall terminate on the day that 
     is 180 days after the date on which amounts appropriated or 
     otherwise made available for the reconstruction of Ukraine 
     that are unexpended are less than $250,000,000.
       (b) Final Report.--Before the termination date referred to 
     in subsection (a), the Special Inspector General shall 
     prepare and submit to the appropriate congressional 
     committees a final forensic audit report on programs and 
     operations funded with amounts appropriated or otherwise made 
     available for the military, economic, and humanitarian aid to 
     Ukraine.
                                 ______
                                 
  SA 629. 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--INDIAN AFFAIRS

           TITLE XLI--URBAN INDIAN ORGANIZATION CONFER POLICY

     SEC. 6101. URBAN INDIAN ORGANIZATION CONFER POLICY.

        Section 514 of the Indian Health Care Improvement Act (25 
     U.S.C. 1660d) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Requirement.--The Secretary shall ensure that the 
     Service and the other agencies and offices of the Department 
     confer, to the maximum extent practicable, with urban Indian 
     organizations in carrying out--
       ``(1) this Act; and
       ``(2) other provisions of law relating to Indian health 
     care.''.

           TITLE XLII--NATIVE AMERICAN TOURISM GRANT PROGRAMS

     SEC. 6201. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       The Native American Tourism and Improving Visitor 
     Experience Act (25 U.S.C. 4351 et seq.) is amended--
       (1) by redesignating section 6 (25 U.S.C. 4355) as section 
     7; and
       (2) by inserting after section 5 (25 U.S.C. 4354) the 
     following:

     ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       ``(a) Bureau of Indian Affairs Program.--The Director of 
     the Bureau of Indian Affairs may make grants to and enter 
     into agreements with Indian tribes and tribal organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(b) Office of Native Hawaiian Relations.--The Director of 
     the Office of Native Hawaiian Relations may make grants to 
     and enter into agreements with Native Hawaiian organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(c) Other Federal Agencies.--The heads of other Federal 
     agencies, including the Secretaries of Commerce, 
     Transportation, Agriculture, Health and Human Services, and 
     Labor, may make grants under this authority to and enter into 
     agreements with Indian tribes, tribal organizations, and 
     Native Hawaiian organizations to carry out the purposes of 
     this Act, as described in section 2.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $35,000,000 for 
     the period of fiscal years 2024 through 2028.''.

  TITLE XLIII--TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION 
                                INDIANS

     SEC. 6301. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF 
                   MISSION INDIANS.

       (a) Transfer and Administration.--
       (1) Transfer of lands into trust.--If, not later than 180 
     days after the date of the enactment of this Act, the Tribe 
     transfers title to the land referred to in subsection (b) to 
     the United States, the Secretary, not later than 180 days 
     after such transfer, shall take that land into trust for the 
     benefit of the Tribe.
       (2) Administration.--The land transferred under paragraph 
     (1) shall be part of the Pala Indian Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe.
       (b) Land Description.--The land referred to in subsection 
     (a)(1) is the approximately 721.12 acres of land located in 
     San Diego County, California, generally depicted as ``Gregory 
     Canyon Property Boundary'' on the map titled ``Pala Gregory 
     Canyon Property Boundary and Parcels''.
       (c) Rules of Construction.--Nothing in this title shall--
       (1) enlarge, impair, or otherwise affect any right or claim 
     of the Tribe to any land or interest in land that is in 
     existence before the date of the enactment of this Act;
       (2) affect any water right of the Tribe in existence before 
     the date of the enactment of this Act; or
       (3) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act.
       (d) Restricted Use of Transferred Lands.--The Tribe may not 
     conduct, on the land taken into trust for the Tribe pursuant 
     to this title, gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) under any Federal law, including the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) and regulations 
     promulgated by the Secretary or the National Indian Gaming 
     Commission under that Act.
       (e) Definitions.--For the purposes of this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribe.--The term ``Tribe'' means the Pala Band of 
     Mission Indians.

  TITLE XLIV--MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS 
                              INDIAN LAND

     SEC. 6401. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY 
                   ACROSS INDIAN LAND.

       (a) Extension of Tribal Lease Period.--The first section of 
     the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 
     U.S.C. 415) (commonly known as the ``Long-Term Leasing 
     Act''), is amended--
       (1) by striking ``That (a)'' and all that follows through 
     the end of subsection (a) and inserting the following:

     ``SECTION 1. LEASES OF RESTRICTED LAND.

       ``(a) Authorized Purposes; Term; Approval by Secretary.--
       ``(1) In general.--Any restricted Indian lands, regardless 
     of whether that land is tribally or individually owned, may 
     be leased by the Indian owner of the land, with the approval 
     of the Secretary, for--
       ``(A) a public, religious, educational, recreational, 
     residential, business, or grazing purposes; or
       ``(B) a farming purpose that requires the making of a 
     substantial investment in the improvement of the land for the 
     production of 1 or more specialized crops as determined by 
     the Secretary.
       ``(2) Inclusions.--A lease under paragraph (1) may include 
     the development or use of natural resources in connection 
     with operations under that lease.
       ``(3) Term.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a lease under paragraph (1)

[[Page S2732]]

     shall be for a term of not more than 99 years, including any 
     renewals.
       ``(B) Exception for grazing purposes.--A lease under 
     paragraph (1) for grazing purposes may be for a term of not 
     more than 10 years, including any renewals.
       ``(4) Requirement.--Each lease and renewal under this 
     subsection shall be made in accordance with such terms and 
     regulations as may be prescribed by the Secretary.
       ``(5) Conditions for approval.--Before the approval of any 
     lease or renewal of an existing lease pursuant to this 
     subsection, the Secretary shall determine that adequate 
     consideration has been given to--
       ``(A) relationship between the use of the leased lands and 
     the use of neighboring land;
       ``(B) the height, quality, and safety of any structures or 
     other facilities to be constructed on the leased land;
       ``(C) the availability of police and fire protection and 
     other services on the leased land;
       ``(D) the availability of judicial forums for all criminal 
     and civil causes of action arising on the leased land; and
       ``(E) the effects on the environment of the uses to which 
     the leased lands will be subject.'';
       (2) in subsection (b)--
       (A) by striking ``(b) Any lease'' and inserting the 
     following:
       ``(b) Exception for Secretary Approval.--Any lease'';
       (B) by striking ``of the Interior'' each place it appears; 
     and
       (C) by striking ``clause (3)'' and inserting ``paragraph'';
       (3) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (a), respectively, and moving 
     the subsections so as to appear in alphabetical order; and
       (4) by striking ``subsection (a)'' each place it appears 
     and inserting ``subsection (b)''.
       (b) Technical Correction.--Section 2 of the Act of August 
     9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly 
     known as the ``Long-Term Leasing Act''), is amended by 
     inserting ``of the Interior'' after ``Secretary'' each place 
     it appears.
       (c) Modification of Rights-of-Way Across Indian Land.--The 
     first section of the Act of February 5, 1948 (62 Stat. 17, 
     chapter 45; 25 U.S.C. 323), is amended--
       (1) by striking ``That the Secretary of the Interior be, 
     and he is empowered to'' and inserting the following:

     ``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN 
                   LAND.

       ``(a) Rights-of-Way.--Except as provided in subsection (b), 
     the Secretary of the Interior may''; and
       (2) by adding at the end the following:
       ``(b) Exception.--A right-of-way granted by an Indian tribe 
     for the purposes authorized under this section shall not 
     require the approval of the Secretary of the Interior, 
     subject to the condition that--
       ``(1) the right-of-way approval process by the Indian tribe 
     substantially complies with subsection (h) of the first 
     section of the Act of August 9, 1955 (69 Stat. 539, chapter 
     615; 25 U.S.C. 415(h)); or
       ``(2) the Indian tribe has tribal regulations approved by 
     the Secretary of the Interior under that subsection.''.

    TITLE XLV--KEWEENAW BAY INDIAN COMMUNITY LAND CLAIMS SETTLEMENT

     SEC. 6501. FINDINGS.

       Congress finds that--
       (1) the Keweenaw Bay Indian Community is a federally 
     recognized Indian Tribe residing on the L'Anse Indian 
     Reservation in Baraga County in the Upper Peninsula of the 
     State of Michigan;
       (2) the Community is a successor in interest to the Treaty 
     with the Chippewa Indians of the Mississippi and Lake 
     Superior, made and concluded at La Pointe of Lake Superior 
     October 4, 1842 (7 Stat. 591) (referred to in this section as 
     the ``1842 Treaty''), which, among other things, guaranteed 
     the usufructuary rights of the Community over a large area of 
     land that was ceded to the United States, until such time 
     that those usufructuary rights were properly and legally 
     extinguished;
       (3) the Community is also a successor in interest to the 
     Treaty with the Chippewa Indians of Lake Superior and the 
     Mississippi, made and concluded at La Pointe September 30, 
     1854 (10 Stat. 1109) (referred to in this section as the 
     ``1854 Treaty'');
       (4) article 2, paragraph 1 of the 1854 Treaty created the 
     L'Anse Indian Reservation as a permanent reservation;
       (5) pursuant to article 13 of the 1854 Treaty, the 1854 
     Treaty became ``obligatory on the contracting parties'' when 
     ratified by the President and the Senate on January 10, 1855;
       (6) in 1850, Congress enacted the Act of September 28, 1850 
     (commonly known and referred to in this section as the 
     ``Swamp Land Act'') (9 Stat. 519, chapter 84), which 
     authorized the State of Arkansas and other States, including 
     the State of Michigan, to ``construct the necessary levees 
     and drains to reclaim'' certain unsold ``swamp and overflowed 
     lands, made unfit thereby for cultivation'' and stating that 
     those lands ``shall remain unsold at the passage of this act 
     . . . .'';
       (7) following enactment of the Swamp Land Act, the State 
     claimed thousands of acres of swamp land in the State 
     pursuant to that Act;
       (8) between 1893 and 1937, the General Land Office patented 
     2,743 acres of land to the State that were located within the 
     exterior boundaries of the Reservation (referred to in this 
     section as ``Reservation Swamp Lands'');
       (9) the right of the Community to use and occupy the unsold 
     land within the Reservation had not been extinguished when 
     the United States patented the Reservation Swamp Lands to the 
     State;
       (10) in 1852, Congress enacted the Act of August 26, 1852 
     (10 Stat. 35, chapter 92) (referred to in this section as the 
     ``Canal Land Act''), to facilitate the building of the Sault 
     Ste. Marie Canal at the Falls of the St. Mary's River, to 
     connect Lake Superior to Lake Huron;
       (11) pursuant to the Canal Land Act, the United States 
     granted the State the right to select 750,000 acres of unsold 
     public land within the State to defray the cost of 
     construction of the Sault Ste. Marie Canal;
       (12) the State identified and selected, among other land, a 
     minimum of 1,333.25 and up to 2,720 acres within the exterior 
     boundaries of the Reservation (referred to in this section as 
     the ``Reservation Canal Lands'');
       (13) the Department of the Interior approved the land 
     selections of the State, including the Reservation Canal 
     Lands, after ratification of the 1854 Treaty;
       (14) the Secretary noted that the approval described in 
     paragraph (13) was ``subject to any valid interfering 
     rights'';
       (15) the 1854 Treaty set apart from the public domain all 
     unsold land within the Reservation to the Community as of 
     September 30, 1854, which preceded the date on which the 
     State established legally effective title to the Reservation 
     Canal Lands;
       (16) the Community made claims to the Department of the 
     Interior with respect to the Reservation Swamp Lands and the 
     Reservation Canal Lands, providing legal analysis and 
     ethnohistorical support for those claims;
       (17) in December 2021, the Department of the Interior 
     stated that ``We have carefully reviewed pertinent documents, 
     including the Tribe's expert reports, and have determined 
     that the Tribe's claims to the Swamp Lands and Canal Lands 
     have merit'';
       (18) the United States, through the actions of the General 
     Land Office, deprived the Community of the exclusive use and 
     occupancy of the Reservation Swamp Lands and the Reservation 
     Canal Lands within the Reservation, without just compensation 
     as required under the Takings Clause of the Fifth Amendment 
     to the Constitution of the United States;
       (19) the loss of the Reservation Swamp Lands and the 
     Reservation Canal Lands without just compensation has--
       (A) impacted the exercise by the Community of cultural, 
     religious, and subsistence rights on the land;
       (B) caused a harmful disconnect between the Community and 
     its land;
       (C) impacted the ability of the Community to fully exercise 
     its economy within the Reservation; and
       (D) had a negative economic impact on the development of 
     the economy of the Community;
       (20) certain non-Indian individuals, entities, and local 
     governments occupy land within the boundaries of the 
     Reservation--
       (A) acquired ownership interests in the Reservation Swamp 
     Lands and the Reservation Canal Lands in good faith; and
       (B) have an interest in possessing clear title to that 
     land;
       (21) this title allows the United States--
       (A) to secure a fair and equitable settlement of past 
     inequities suffered by the Community as a result of the 
     actions of the United States that caused the taking of the 
     Reservation Swamp Lands and the Reservation Canal Lands 
     without just compensation; and
       (B) to ensure protection of the ownership of the 
     Reservation Swamp Lands and the Reservation Canal Lands by 
     non-Indian occupants of the Reservation, through the 
     settlement of the claims of the Community to that land, and 
     through that action, the relief of any clouds on title;
       (22) a settlement will allow the Community to receive just 
     compensation and the local landowners to obtain clear title 
     to land, without long and protracted litigation that would be 
     both costly and detrimental to all involved; and
       (23) this title achieves both justice for the Community and 
     security for current landowners through a restorative and 
     non-confrontational process.

     SEC. 6502. PURPOSES.

       The purposes of this title are--
       (1) to acknowledge the uncompensated taking by the Federal 
     Government of the Reservation Swamp Lands and the Reservation 
     Canal Lands;
       (2) to provide compensation to the Community for the 
     uncompensated taking of the Reservation Swamp Lands and the 
     Reservation Canal Lands by the Federal Government;
       (3) to extinguish all claims by the Community to the 
     Reservation Swamp Lands and the Reservation Canal Lands and 
     to confirm the ownership by the current landowners of the 
     Reservation Swamp Lands and the Reservation Canal Lands, who 
     obtained that land in good faith;
       (4) to extinguish all potential claims by the Community 
     against the United States, the State, and current landowners 
     concerning title to, use of, or occupancy of the Reservation 
     Swamp Lands and the Reservation Canal Lands; and
       (5) to authorize the Secretary--
       (A) to compensate the Community; and
       (B) to take any other action necessary to carry out this 
     title.

     SEC. 6503. DEFINITIONS.

       In this title:

[[Page S2733]]

       (1) Community.--The term ``Community'' means the Keweenaw 
     Bay Indian Community.
       (2) County.--The term ``County'' means Baraga County, 
     Michigan.
       (3) Reservation.--The term ``Reservation'' means the L'Anse 
     Indian Reservation, located in--
       (A) T. 51 N., R. 33 W.;
       (B) T. 51 N., R. 32 W.;
       (C) T. 50 N., R. 33 W., E\1/2\;
       (D) T. 50 N., R. 32 W., W\1/2\; and
       (E) that portion of T. 51 N., R. 31 W. lying west of Huron 
     Bay.
       (4) Reservation canal lands.--The term ``Reservation Canal 
     Lands'' means the 1,333.25 to 2,720 acres of Community land 
     located within the exterior boundaries of the Reservation 
     that the Federal Government conveyed to the State pursuant to 
     the Act of August 26, 1852 (10 Stat. 35, chapter 92).
       (5) Reservation swamp lands.--The term ``Reservation Swamp 
     Lands'' means the 2,743 acres of land located within the 
     exterior boundaries of the Reservation that the Federal 
     Government conveyed to the State between 1893 and 1937 
     pursuant to the Act of September 28, 1850 (commonly known as 
     the ``Swamp Land Act'') (sections 2479 through 2481 of the 
     Revised Statutes (43 U.S.C. 982 through 984)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of Michigan.

     SEC. 6504. PAYMENTS.

       (a) Transfer of Funds.--As soon as practicable after the 
     date on which the amount authorized to be appropriated under 
     subsection (c) is made available to the Secretary, the 
     Secretary shall transfer $33,900,000 to the Community.
       (b) Use of Funds.--
       (1) In general.--Subject to paragraph (2), the Community 
     may use the amount received under subsection (a) for any 
     lawful purpose, including--
       (A) governmental services;
       (B) economic development;
       (C) natural resources protection; and
       (D) land acquisition.
       (2) Restriction on use of funds.--The community may not use 
     the amount received under subsection (a) to acquire land for 
     gaming purposes.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out subsection 
     (a) $33,900,000 for fiscal year 2024, to remain available 
     until expended.

     SEC. 6505. EXTINGUISHMENT OF CLAIMS.

       (a) In General.--Effective on the date on which the 
     Community receives the payment under section 6504(a), all 
     claims of the Community to the Reservation Swamp Lands and 
     the Reservation Canal Lands owned by persons or entities 
     other than the Community are extinguished.
       (b) Clear Title.--Effective on the date on which the 
     Community receives the payment under section 6504(a), the 
     title of all current owners to the Reservation Swamp Lands 
     and the Reservation Canal Lands is cleared of all preexisting 
     rights held by the Community and any of the members of the 
     Community.

     SEC. 6506. EFFECT.

       Nothing in this title authorizes--
       (1) the Secretary to take land into trust for the benefit 
     of the Community for gaming purposes; or
       (2) the Community to use land acquired using amounts 
     received under this title for gaming purposes.

TITLE XLVI--LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE PUYALLUP 
                   TRIBE OF THE PUYALLUP RESERVATION

     SEC. 6601. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE 
                   PUYALLUP TRIBE OF THE PUYALLUP RESERVATION.

       (a) In General.--The approximately 17.264 acres of land 
     owned in fee by the Puyallup Tribe of the Puyallup 
     Reservation in Pierce County, Washington, and described in 
     subsection (b) is hereby taken into trust by the United 
     States for the benefit of the Puyallup Tribe of the Puyallup 
     Reservation.
       (b) Land Descriptions.--
       (1) Parcel 1.--Lots 1 to 4, inclusive, Block 85, Map of 
     Tacoma Tidelands, as surveyed and platted by the Board of 
     Appraisers of Tide and Shore Lands for Pierce County, 
     according to Plat filed for record on September 14, 1895, in 
     the Office of the County Auditor, in Tacoma, Pierce County, 
     Washington.
       (2) Parcel 2.--Lots 5 to 9, inclusive, Block 85, Map of 
     Tacoma Tidelands, as surveyed and platted by the Board of 
     Appraisers of Tide and Shore Lands for Pierce County, 
     according to Plat filed for record on September 14, 1895, in 
     the Office of the County Auditor, in Tacoma, Pierce County, 
     Washington.
       (3) Parcel 3.--Parcel A of City of Tacoma Boundary Line 
     Adjustment MPD2011-40000166230, recorded October 12, 2011, 
     under Pierce County Auditor Recording No. 201110125009, as 
     corrected by Affidavit of Minor Correction of Map Recorded 
     September 25, 2012, under Pierce County Auditor Recording No. 
     201209250440.
       (c) Administration.--Land taken into trust under subsection 
     (a) shall be--
       (1) part of the Reservation of the Puyallup Tribe of the 
     Puyallup Reservation; and
       (2) administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for the benefit of an Indian Tribe.
       (d) Environmental Liability.--Notwithstanding any other 
     provision of law, the United States shall not be liable for 
     any environmental contamination that occurred on the land 
     described in subsection (b) on or before the date on which 
     that land is taken into trust under subsection (a).
       (e) Gaming Prohibited.--Land taken into trust under 
     subsection (a) shall not be used for any class II gaming or 
     class III gaming under the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) (as those terms are defined in section 4 
     of that Act (25 U.S.C. 2703)).

  TITLE XLVII--SHOSHONE-PAIUTE TRIBES OF THE DUCK VALLEY RESERVATION 
                        WATER RIGHTS SETTLEMENT

     SEC. 6701. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON 
                   DEVELOPMENT FUND.

       Section 10807(b)(3) of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
       (1) by striking ``There is'' and inserting the following:
       ``(A) In general.--There is''; and
       (2) by adding at the end the following:
       ``(B) Adjusted interest payments.--
       ``(i) In general.--There is authorized to be appropriated 
     to the Secretary for deposit into the Development Fund 
     $5,124,902.12.
       ``(ii) Cost indexing.--All amounts made available to carry 
     out clause (i) shall, on deposit into the Development Fund, 
     be adjusted to reflect changes since January 25, 2016, in the 
     Consumer Price Index for All Urban Consumers West Urban 
     50,000 to 1,500,000 published by the Bureau of Labor 
     Statistics.''.

 TITLE XLVIII--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION 
                             ACT AMENDMENTS

     SEC. 6801. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
                   PREVENTION ACT AMENDMENTS.

       The Indian Child Protection and Family Violence Prevention 
     Act (25 U.S.C. 3202 et seq.) is amended as follows:
       (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to 
     read as follows:
       ``(A) in any case in which--
       ``(i)(I) a child is dead or exhibits evidence of skin 
     bruising, bleeding, malnutrition, failure to thrive, burns, 
     fracture of any bone, subdural hematoma, soft tissue 
     swelling; and
       ``(II) such condition is not justifiably explained or may 
     not be the product of an accidental occurrence; or
       ``(ii) a child is subjected to sexual assault, sexual 
     molestation, sexual exploitation, sexual contact, or 
     prostitution; and''.
       (2) In section 409 (25 U.S.C. 3208)--
       (A) in subsection (a)--
       (i) by striking ``The Secretary of Health and Human 
     Services, acting through the Service and in cooperation with 
     the Bureau'' and inserting ``The Service, in cooperation with 
     the Bureau''; and
       (ii) by striking ``sexual abuse'' and inserting ``abuse or 
     neglect'';
       (B) in subsection (b) through the end of the section, by 
     striking ``Secretary of Health and Human Services'' each 
     place it appears and inserting ``Service'';
       (C) in subsection (b)(1), by inserting after ``Any Indian 
     tribe or intertribal consortium'' the following: ``, on its 
     own or in partnership with an urban Indian organization,'';
       (D) in subsections (b)(2)(B) and (d), by striking ``such 
     Secretary'' each place it appears and inserting ``the 
     Service'';
       (E) by amending subsection (c) to read as follows:
       ``(c) Culturally Appropriate Treatment.--In awarding grants 
     under this section, the Service shall encourage the use of 
     culturally appropriate treatment services and programs that 
     respond to the unique cultural values, customs, and 
     traditions of applicant Indian Tribes.'';
       (F) in subsection (d)(2), by striking ``the Secretary'' and 
     inserting ``the Service'';
       (G) by redesignating subsection (e) as subsection (f); and
       (H) by inserting after subsection (d) the following:
       ``(e) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Service shall submit a report to Congress on the award of 
     grants under this section. The report shall contain--
       ``(1) a description of treatment and services for which 
     grantees have used funds awarded under this section; and
       ``(2) any other information that the Service requires.''.
       (3) In section 410 (25 U.S.C. 3209)--
       (A) in the heading--
       (i) by inserting ``national'' before ``indian''; and
       (ii) by striking ``centers'' and inserting ``center'';
       (B) by amending subsections (a) and (b) to read as follows:
       ``(a) Establishment.--Not later than 1 year after the date 
     of the enactment of the Native American Child Protection Act, 
     the Secretary shall establish a National Indian Child 
     Resource and Family Services Center.
       ``(b) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Secretary of the Interior, acting through the Bureau of 
     Indian Affairs, shall submit a report to Congress on the 
     status of the National Indian Child Resource and Family 
     Services Center.'';

[[Page S2734]]

       (C) in subsection (c)--
       (i) by striking ``Each'' and inserting ``The''; and
       (ii) by striking ``multidisciplinary'';
       (D) in subsection (d)--
       (i) in the text before paragraph (1), by striking ``Each'' 
     and inserting ``The'';
       (ii) in paragraph (1), by striking ``and inter-tribal 
     consortia'' and inserting ``inter-tribal consortia, and urban 
     Indian organizations'';
       (iii) in paragraph (2), by inserting ``urban Indian 
     organizations,'' after ``tribal organizations,'';
       (iv) in paragraph (3)--

       (I) by inserting ``and technical assistance'' after 
     training; and
       (II) by striking ``and to tribal organizations'' and 
     inserting ``, Tribal organizations, and urban Indian 
     organizations'';

       (v) in paragraph (4)--

       (I) by inserting ``, State,'' after ``Federal''; and
       (II) by striking ``and tribal'' and inserting ``Tribal, and 
     urban Indian''; and

       (vi) by amending paragraph (5) to read as follows:
       ``(5) develop model intergovernmental agreements between 
     Tribes and States, and other materials that provide examples 
     of how Federal, State, and Tribal governments can develop 
     effective relationships and provide for maximum cooperation 
     in the furtherance of prevention, investigation, treatment, 
     and prosecution of incidents of family violence and child 
     abuse and child neglect involving Indian children and 
     families.'';
       (E) in subsection (e)--
       (i) in the heading, by striking ``Multidisciplinary Team'' 
     and inserting ``Team'';
       (ii) in the text before paragraph (1), by striking ``Each 
     multidisciplinary'' and inserting ``The''; and
       (F) by amending subsections (f) and (g) to read as follows:
       ``(f) Center Advisory Board.--The Secretary shall establish 
     an advisory board to advise and assist the National Indian 
     Child Resource and Family Services Center in carrying out its 
     activities under this section. The advisory board shall 
     consist of 12 members appointed by the Secretary from Indian 
     Tribes, Tribal organizations, and urban Indian organizations 
     with expertise in child abuse and child neglect. Members 
     shall serve without compensation, but may be reimbursed for 
     travel and other expenses while carrying out the duties of 
     the board. The advisory board shall assist the Center in 
     coordinating programs, identifying training and technical 
     assistance materials, and developing intergovernmental 
     agreements relating to family violence, child abuse, and 
     child neglect.
       ``(g) Application of Indian Self-determination Act to the 
     Center.--The National Indian Child Resource and Family 
     Services Center shall be subject to the provisions of the 
     Indian Self-Determination Act. The Secretary may also 
     contract for the operation of the Center with a nonprofit 
     Indian organization governed by an Indian-controlled board of 
     directors that have substantial experience in child abuse, 
     child neglect, and family violence involving Indian children 
     and families.''.
       (4) In section 411 (25 U.S.C. 3210)--
       (A) in subsection (d)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``abuse and child 
     neglect'' and inserting ``abuse, neglect, or both'';
       (II) in subparagraph (B), by striking ``and'' at the end; 
     and
       (III) by inserting after subparagraph (C), the following:

       ``(D) development of agreements between Tribes, States, or 
     private agencies on the coordination of child abuse and 
     neglect prevention, investigation, and treatment services;
       ``(E) child protective services operational costs including 
     transportation, risk and protective factors assessments, 
     family engagement and kinship navigator services, and 
     relative searches, criminal background checks for prospective 
     placements, and home studies; and
       ``(F) development of a Tribal child protection or 
     multidisciplinary team to assist in the prevention and 
     investigation of child abuse and neglect;'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in culturally 
     appropriate ways'' after ``incidents of family violence''; 
     and
       (II) in subparagraph (C), by inserting ``that may include 
     culturally appropriate programs'' after ``training 
     programs''; and

       (iii) in paragraph (3)--

       (I) in subparagraph (A), by inserting ``and neglect'' after 
     ``abuse''; and
       (II) in subparagraph (B), by striking ``cases, to the 
     extent practicable,'' and inserting ``and neglect cases'';

       (B) in subsection (f)--
       (i) in paragraph (2), by striking ``develop, in 
     consultation with Indian tribes, appropriate caseload 
     standards and staffing requirements which are comparable to 
     standards developed by the National Association of Social 
     Work, the Child Welfare League of America and other 
     professional associations in the field of social work and 
     child welfare'' and inserting ``develop, not later than one 
     year after the date of the enactment of the Native American 
     Child Protection Act, in consultation with Indian Tribes, 
     appropriate caseload standards and staffing requirements'';
       (ii) in paragraph (3)(D), by striking ``sexual abuse'' and 
     inserting ``abuse and neglect, high incidence of family 
     violence'';
       (iii) by amending paragraph (4) to read as follows:
       ``(4) The formula established pursuant to this subsection 
     shall provide funding necessary to support not less than one 
     child protective services or family violence caseworker, 
     including fringe benefits and support costs, for each Indian 
     Tribe.''; and
       (iv) in paragraph (5), by striking ``tribes'' and inserting 
     ``Indian Tribes''; and
       (C) by amending subsection (g) to read as follows:
       ``(g) Report.--Not later than 2 years after the date of the 
     enactment of the Native American Child Protection Act, the 
     Secretary of the Interior, acting through the Bureau of 
     Indian Affairs, shall submit a report to Congress on the 
     award of grants under this section. The report shall 
     contain--
       ``(1) a description of treatment and services for which 
     grantees have used funds awarded under this section; and
       ``(2) any other information that the Secretary of the 
     Interior requires.''.
                                 ______
                                 
  SA 630. Mr. FETTERMAN (for himself and Ms. Ernst) 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 D of title XXXI, 
     insert the following:

     SEC. 31____. PROHIBITION ON CERTAIN EXPORTS.

       (a) In General.--The Energy Policy and Conservation Act is 
     amended by inserting after section 163 (42 U.S.C. 6243) the 
     following:

     ``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.

       ``(a) In General.--The Secretary shall prohibit the export 
     or sale of petroleum products drawn down from the Strategic 
     Petroleum Reserve, under any provision of law, to--
       ``(1) the People's Republic of China;
       ``(2) the Democratic People's Republic of Korea;
       ``(3) the Russian Federation;
       ``(4) the Islamic Republic of Iran;
       ``(5) any other country the government of which is subject 
     to sanctions imposed by the United States; and
       ``(6) any entity owned, controlled, or influenced by--
       ``(A) a country referred to in any of paragraphs (1) 
     through (5); or
       ``(B) the Chinese Communist Party.
       ``(b) Waiver.--The Secretary may issue a waiver of the 
     prohibition described in subsection (a) if the Secretary 
     certifies that any export or sale authorized pursuant to the 
     waiver is in the national security interests of the United 
     States.
       ``(c) Rule.--Not later than 60 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024, the Secretary shall issue a rule to carry 
     out his section.''.
       (b) Conforming Amendments.--
       (1) Drawdown and sale of petroleum products.--Section 
     161(a) of the Energy Policy and Conservation Act (42 U.S.C. 
     6241(a)) is amended by inserting ``and section 164'' before 
     the period at the end.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy and Conservation Act is amended by inserting 
     after the item relating to section 163 the following:

``Sec. 164. Prohibition on certain exports.''.
                                 ______
                                 
  SA 631. Mr. FETTERMAN 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 A of title VII, insert 
     the following:

     SEC. 7___. SENSE OF CONGRESS ON ACCESS TO MENTAL HEALTH 
                   SERVICES THROUGH TRICARE.

       It is the sense of Congress that the Defense Health Agency 
     should take all necessary steps to ensure members of the 
     National Guard and their families have timely access to 
     mental and behavioral health care services through the 
     TRICARE program.
                                 ______
                                 
  SA 632. Mr. MARKEY 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 820.

[[Page S2735]]

  

                                 ______
                                 
  SA 633. Mr. PETERS (for himself and 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 end of subtitle G of title X, add the following:

     SEC. 1083. REPORT ON NATIONAL SECURITY THREAT ASSOCIATED WITH 
                   CHINESE AUTONOMOUS GROUND VEHICLES OPERATING IN 
                   THE UNITED STATES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report that includes an assessment of the 
     following:
       (1) The threats to the national security of the United 
     States associated with autonomous ground vehicles 
     manufactured in the People's Republic of China that are--
       (A) operating in the United States, especially those 
     vehicles with access to or operating in the vicinity of 
     installations of the Department of Defense or other sensitive 
     United States Government facilities; and
       (B) potentially sharing geospatial and other data with the 
     Chinese Communist Party.
       (2) The type of data that can be collected by such 
     vehicles.
       (3) The dual-use implications of autonomous ground vehicle 
     technologies and their enabling factors.
       (4) How the Chinese Communist Party or the People's 
     Liberation Army could potentially use the data it collects in 
     the United States from such vehicles to support its military 
     operational planning.
       (5) How continued restraints on manufacturing of autonomous 
     ground vehicles in the United States that limit the ability 
     of United States companies to compete with technology 
     developed and manufactured in, and controlled by, the 
     People's Republic of China could exacerbate any such threats 
     to the national security of the United States.
                                 ______
                                 
  SA 634. Mr. MARKEY 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__. COUNTERING SAUDI ARABIA'S PURSUIT OF WEAPONS OF 
                   MASS DESTRUCTION.

       (a) Short Titles.--This section may be cited as the 
     ``Stopping Activities Underpinning Development In Weapons of 
     Mass Destruction Act'' or the ``SAUDI WMD Act''.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Foreign person.--The term ``foreign person'' means--
       (A) a natural person that is an alien;
       (B) a corporation, business association, partnership, 
     society, trust, or any other nongovernmental entity, 
     organization, or group, that is organized under the laws of a 
     foreign country or has its principal place of business in a 
     foreign country;
       (C) any foreign governmental entity operating as a business 
     enterprise; and
       (D) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (B) or (C).
       (3) MTCR.--The term ``MTCR'' means the Missile Technology 
     Control Regime, which was formed in 1987 by the G-7 
     industrialized countries and has since expanded to 35 member 
     countries, including any ``MTCR adherent'' country that, 
     pursuant to an international understanding to which the 
     United States is a party, controls MTCR equipment or 
     technology in accordance with the criteria and standards set 
     forth in the MTCR.
       (4) Saudi arabia.--The term ``Saudi Arabia'' means the 
     Kingdom of Saudi Arabia.
       (c) Determination of Possible MTCR Transfers to Saudi 
     Arabia.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a written determination 
     and any documentation to support such determination 
     detailing--
       (A) whether any foreign person knowingly exported, 
     transferred, or engaged in trade with Saudi Arabia of any 
     item designated under Category I of the MTCR Annex in the 
     previous 5 fiscal years; and
       (B) the sanctions the President has imposed or intends to 
     impose pursuant to section 11B(b) of the Export 
     Administration Act of 1979 (50 U.S.C. 4612(b)) against any 
     foreign person who knowingly engaged in the export, transfer, 
     or trade of an item referred to in paragraph (1).
       (2) Waiver.--Notwithstanding paragraphs (3) through (7) of 
     section 11B(b) of the Export Administration Act of 1979 (50 
     U.S.C. 4612(b)), the President may waive the application of 
     sanctions under such subsection with respect to Saudi Arabia 
     only if the President certifies that Saudi Arabia is 
     verifiably determined to no longer possess any item 
     designated under Category I of the MTCR Annex received in the 
     previous 5 fiscal years.
       (3) Form of report.--The determination required under 
     paragraph (1) shall be submitted in unclassified form, with a 
     classified annex.
       (d) Reporting Requirements Relating to Applications for 
     Authorization to Develop or Produce Special Nuclear Material 
     Outside the United States.--Section 57 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2077) is amended by adding at the end 
     the following:
       ``(f) Reporting Requirements.--
       ``(1) Quarterly reports.--
       ``(A) In general.--Not later than 90 days after the date of 
     the enactment of the SAUDI WMD Act, and every 90 days 
     thereafter, the Secretary of Energy shall submit to the 
     appropriate committees of Congress (as defined in section 
     12__(b) of such Act) a report that describes each 
     authorization involving the Kingdom of Saudi Arabia issued by 
     the Secretary pursuant to subsection (b)(2) during the 90-day 
     period immediately preceding the submission of such report.
       ``(B) Elements.--Each report required under subparagraph 
     (A) shall include--
       ``(i) a summary of each application for an authorization 
     under subsection (b)(2) during the 90-day period immediately 
     preceding the submission of such report, including--

       ``(I) whether the application was accepted or rejected; and
       ``(II) the intended purpose for which the applicant sought 
     the authorization; and

       ``(ii) an annex containing--

       ``(I) each application submitted to the Secretary during 
     such 90-day period; and
       ``(II) each report submitted to the Secretary pursuant to 
     section 810.12 of title 10, Code of Federal Regulations (or 
     any similar regulation or ruling) during such period.

       ``(C) Additional material in initial report.--The first 
     report required to be submitted under subparagraph (A) shall 
     include the matters required under subparagraph (B) for the 
     period beginning on March 25, 2015, and ending on the date of 
     the enactment of the SAUDI WMD Act.
       ``(D) Review by secretary of state.--The Secretary shall 
     submit each report required under this paragraph to the 
     Secretary of State for approval before submitting the report 
     to the chairmen and ranking members of the congressional 
     committees listed under subparagraph (A).
       ``(E) Form.--Each report required under this paragraph 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(2) Submission to congress of applications and certain 
     reports.--Not later than 10 days after receiving from the 
     chairman or ranking member of any of the congressional 
     committees listed in paragraph (1)(A) a request for an 
     application for an authorization under subsection (b)(2) that 
     is pending or has been approved by the Secretary or a report 
     submitted pursuant to section 810.12 of title 10, Code of 
     Federal Regulations (or any corresponding similar regulation 
     or ruling), as the case may be, the Secretary of Energy shall 
     submit to the chairman or ranking member submitting such 
     request, application, or report.''.
                                 ______
                                 
  SA 635. Mr. KING (for himself and Ms. Collins) 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. PUBLICATION OF RULE FOR WAIVER ON LIMITATION OF 
                   PAYMENTS TO STATE HOMES FOR DOMICILIARY CARE 
                   PROVIDED TO VETERANS.

       (a) Proposed Rule.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall prescribe and publish in the Federal Register a 
     proposed rule implementing the requirement under section 
     3007(a) of the Johnny Isakson and David P. Roe, M.D. Veterans 
     Health Care and Benefits Improvement Act of 2020 (Public Law 
     116-315; 38 U.S.C. 1741 note).
       (b) Final Rule.--Not later than 180 days after the 
     publication of the initial rule required under subsection 
     (a), or the date that is 260 days after the date of the 
     enactment of this Act, whichever occurs first, the Secretary 
     shall prescribe and publish in the Federal Register a final 
     rule implementing the requirement specified in such 
     subsection.
       (c) Retroactive Payments.--In prescribing the proposed rule 
     under subsection

[[Page S2736]]

     (a) and the final rule under subsection (b), the Secretary 
     shall ensure that the authority of the Secretary to provide 
     payments to State homes (as defined in section 101(19) of 
     title 38, United States Code) pursuant to any such rule is 
     retroactive to January 5, 2021.
                                 ______
                                 
  SA 636. 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. ___. PERMANENT AUTHORIZATION OF UNDETECTABLE FIREARMS 
                   ACT OF 1988.

       Section 2(f) of the Undetectable Firearms Act of 1988 (18 
     U.S.C. 922 note; Public Law 100-649) is amended--
       (1) by striking ``Effective Date and Sunset Provision'' and 
     all that follows through ``This Act and the amendments'' and 
     inserting the following: ``Effective Date.--This Act and the 
     amendments''; and
       (2) by striking paragraph (2).
                                 ______
                                 
  SA 637. 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, insert the following:

           DIVISION _____--VIEQUES RECOVERY AND REDEVELOPMENT

     SEC. ___01. SHORT TITLE.

       This division may be cited as the ``Vieques Recovery and 
     Redevelopment Act''.

     SEC. ___02. FINDINGS.

       The Congress finds the following:
       (1) Vieques is an island municipality of Puerto Rico, 
     measuring approximately 21 miles long by 4 miles wide, and 
     located approximately 8 miles east of the main island of 
     Puerto Rico.
       (2) Prior to Hurricane Maria, residents of Vieques were 
     served by an urgent medical care facility, the Susana Centeno 
     Family Health Center, and residents had to travel off-island 
     to obtain medical services, including most types of emergency 
     care because the facility did not have the basic use of x-ray 
     machines, CT machines, EKG machines, ultrasounds, or PET 
     scans.
       (3) The predominant means of transporting passengers and 
     goods between Vieques and the main island of Puerto Rico is 
     by ferry boat service, and over the years, the efficiency of 
     this service has frequently been disrupted, unreliable, and 
     difficult for cancer patients to endure to receive treatment. 
     Each trip to Ceiba, Puerto Rico, for the cancer patient is an 
     additional out-of-pocket expense ranging from $120 to $200.
       (4) The United States Military maintained a presence on the 
     eastern and western portions of Vieques for close to 60 
     years, and used parts of the island as a training range 
     during those years, dropping over 80 million tons of ordnance 
     and other weaponry available to the United States military 
     since World War II.
       (5) The unintended, unknown, and unavoidable consequences 
     of these exercises were to expose Americans living on the 
     islands to the residue of that weaponry which includes heavy 
     metals and many other chemicals now known to harm human 
     health.
       (6) According to Government and independent documentation, 
     the island of Vieques has high levels of heavy metals and has 
     been exposed to chemical weapons and toxic chemicals. Since 
     the military activity in Vieques, island residents have 
     suffered from the health impacts from long-term exposure to 
     environmental contamination as a result of 62 years of 
     military operations, and have experienced higher rates of 
     certain diseases among residents, including cancer, 
     cirrhosis, hypertension, diabetes, heavy metal diseases, 
     along with many unnamed and uncategorized illnesses. These 
     toxic residues have caused the American residents of Vieques 
     to develop illnesses due to ongoing exposure.
       (7) In 2017, Vieques was hit by Hurricane Maria, an 
     unusually destructive storm that devastated Puerto Rico and 
     intensified the existing humanitarian crisis on the island by 
     destroying existing medical facilities.
       (8) The medical systems in place prior to Hurricane Maria 
     were unable to properly handle the health crisis that existed 
     due to the toxic residue left on the island by the military's 
     activities.
       (9) After Maria, the medical facility was closed due to 
     damage and continues to be unable to perform even the few 
     basic services that it did provide. Vieques needs a medical 
     facility that can treat and address the critical and urgent 
     need to get life-saving medical services to its residents. 
     Due to legal restrictions, the Federal Emergency Management 
     Agency (in this division referred to as ``FEMA'') is unable 
     to provide a hospital where its capabilities exceed the 
     abilities of the facility that existed prior to Maria; 
     therefore Vieques needs assistance to build a facility to 
     manage the vast health needs of its residents.
       (10) Every American has benefitted from the sacrifices of 
     those Americans who have lived and are living on Vieques and 
     it is our intent to acknowledge that sacrifice and to treat 
     those Americans with the same respect and appreciation that 
     other Americans enjoy.
       (11) In 2012, the residents of Vieques were denied the 
     ability to address their needs in Court due to sovereign 
     immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD 
     (D.P.R.). However, the United States Court of Appeals for the 
     First Circuit referred the issue to Congress and urged it to 
     address the humanitarian crisis. This bill attempts to 
     satisfy that request such that Americans living on Vieques 
     have a remedy for the suffering they have endured.

     SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES 
                   FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES, 
                   PUERTO RICO.

       (a) In General.--An individual claimant who has resided on 
     the island of Vieques, Puerto Rico, for not less than 5 years 
     before the date of enactment of this Act and files a claim 
     for compensation under this section with the Special Master, 
     appointed pursuant to subsection (c), shall be awarded 
     monetary compensation as described in subsection (b) if--
       (1) the Special Master determines that the claimant is or 
     was a resident or an immediate heir (as determined by the 
     laws of Puerto Rico) of a deceased claimant on the island of 
     Vieques, Puerto Rico, during or after the United States 
     Government used the island of Vieques, Puerto Rico, for 
     military readiness;
       (2) the claimant previously filed a lawsuit or an 
     administrative claim, or files a claim not later than 180 
     days after the date of the enactment of this Act against the 
     United States Government for personal injury, including 
     illness or death arising from use by the United States 
     Government of the island of Vieques for military readiness; 
     and
       (3) the claimant produces evidence to the Special Master, 
     including in response to a request for additional information 
     by the Special Master, including a medical professional 
     certification, confirming the disease or illness of the 
     claimant, sufficient to show that a causal relationship 
     exists between the claimant's chronic, life-threatening, or 
     physical disease or illness limited to cancer, hypertension, 
     cirrhosis, kidney disease, diabetes, or a heavy metal 
     poisoning and the United States Government's use of the 
     island of Vieques, Puerto Rico, for military readiness, or 
     that a causal relationship is at least as likely as not, 
     which may include a declaration stating the years the 
     claimant lived on Vieques and the disease or illness with 
     which the claimant has been diagnosed.
       (b) Amounts of Award.--
       (1) In general.--A claimant who meets the requirements of 
     subsection (a) shall be awarded compensation as follows:
       (A) $50,000 for 1 disease described in subsection (a)(3).
       (B) $80,000 for 2 diseases described in subsection (a)(3).
       (C) $110,000 for 3 or more diseases described in subsection 
     (a)(3).
       (2) Increase in award.--In the case that an individual 
     receiving an award under paragraph (1) of this subsection 
     contracts another disease under subsection (a)(3) and files a 
     new claim with the Special Master for an additional award not 
     later than 10 years after the date of the enactment of this 
     Act, the Special Master may award the individual an amount 
     that is equal to the difference between--
       (A) the amount that the individual would have been eligible 
     to receive had the disease been contracted before the 
     individual filed an initial claim under subsection (a); and
       (B) the amount received by the individual pursuant to 
     paragraph (1).
       (3) Deceased claimants.--In the case of an individual who 
     dies before making a claim under this section or a claimant 
     who dies before receiving an award under this section, any 
     immediate heir to the individual or claimant, as determined 
     by the laws of Puerto Rico, shall be eligible for one of the 
     following awards:
       (A) Compensation in accordance with paragraph (1), divided 
     among any such heir.
       (B) Compensation based on the age of the deceased if the 
     claimant produces evidence sufficient to conclude that a 
     causal relationship exists between the United States Military 
     activity and the death of the individual or that a causal 
     relationship is as likely as not as follows:
       (i) In the case of an individual or claimant who dies 
     before attaining 20 years of age, $110,000, divided among any 
     such heir.
       (ii) In the case of an individual or claimant who dies 
     before attaining 40 years of age, $80,000, divided among any 
     such heir.
       (iii) In the case of an individual or claimant who dies 
     before attaining 60 years of age, $50,000, divided among any 
     such heir.
       (c) Appointment of Special Master.--
       (1) In general.--The Attorney General shall appoint a 
     Special Master not later than 90 days after the date of the 
     enactment of this Act to consider claims by individuals and 
     the municipality.
       (2) Qualifications.--The Attorney General shall consider 
     the following in choosing the Special Master:

[[Page S2737]]

       (A) The individual's experience in the processing of 
     victims' claims in relation to foreign or domestic 
     governments.
       (B) The individual's balance of experience in representing 
     the interests of the United States and individual claimants.
       (C) The individual's experience in matters of national 
     security.
       (D) The individual's demonstrated abilities in 
     investigation and fact findings in complex factual matters.
       (E) Any experience the individual has had advising the 
     United States Government.
       (d) Award Amounts Related to Claims by the Municipality of 
     Vieques.--
       (1) Award.--The Special Master, in exchange for its 
     administrative claims, shall provide the following as 
     compensation to the Municipality of Vieques:
       (A) Staff.--The Special Master shall provide medical staff, 
     and other resources necessary to build and operate a level 
     three trauma center (in this section, referred to as 
     ``medical facility'') with a cancer center and renal dialysis 
     unit and its equipment. The medical facility shall be able to 
     treat life-threatening, chronic, heavy metal, and physical 
     and mental diseases. The medical facility shall be able to 
     provide basic x-ray, EKG, internal medicine expertise, 
     medical coordination personnel and case managers, ultrasound, 
     and resources necessary to screen claimants described in 
     subsection (a) who are receiving treatment for the diseases 
     or illnesses described in paragraph (3) of that subsection 
     for cancer and the other prevailing health problems.
       (B) Operations.--The Special Master shall fund the 
     operations of the medical facility to provide medical care 
     for pediatric and adult patients who reside on the island of 
     Vieques, allowing the patients to be referred for tertiary 
     and quaternary health care facilities when necessary, and 
     providing the transportation and medical costs when traveling 
     off the island of Vieques.
       (C) Interim services.--Before the medical facility on the 
     island of Vieques is operational, the Special Master shall 
     provide to claimants described in subsection (a) who are 
     receiving treatment for the diseases or illnesses described 
     in paragraph (3) of that subsection--
       (i) urgent health care air transport to hospitals on the 
     mainland of Puerto Rico from the island of Vieques;
       (ii) medical coordination personnel and case managers;
       (iii) telemedicine communication abilities; and
       (iv) any other services that are necessary to alleviate the 
     health crisis on the island of Vieques.
       (D) Screening.--The Special Master shall make available, at 
     no cost to the patient, medical screening for cancer, 
     cirrhosis, diabetes, and heavy metal contamination on the 
     island of Vieques.
       (E) Academic partner.--The Special Master shall appoint an 
     academic partner, with appropriate experience and an 
     established relationship with the Municipality of Vieques, 
     that shall--
       (i) lead a research and outreach endeavor on behalf of the 
     Municipality of Vieques;
       (ii) select the appropriate scientific expertise and 
     administer defined studies, conducting testing and evaluation 
     of the soils, seas, plant and animal food sources, and the 
     health of residents; and
       (iii) determine and implement the most efficient and 
     effective way to reduce the environmental toxins to a level 
     sufficient to return the soils, seas, food sources, and 
     health circumstances to a level that reduces the diseases on 
     the island of Vieques to the average in the United States.
       (F) Duties.--The Special Master shall provide amounts 
     necessary for the academic partner and medical coordinator to 
     carry out the duties described in subparagraphs (A) through 
     (D).
       (G) Procurement.--The Special Master shall provide amounts 
     necessary to compensate the Municipality of Vieques for--
       (i) contractual procurement obligations and additional 
     expenses incurred by the municipality as a result of the 
     enactment of this section and settlement of its claim; and
       (ii) any other damages and costs to be incurred by the 
     municipality, if the Special Master determines that it is 
     necessary to carry out the purpose of this section.
       (H) Power source.--The Special Master shall determine the 
     best source of producing independent power on the island of 
     Vieques that is hurricane resilient and can effectively 
     sustain the needs of the island and shall authorize such 
     construction as an award to the Municipality of Vieques.
       (2) Source.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts awarded under this division shall be made from 
     amounts appropriated under section 1304 of title 31, United 
     States Code, commonly known as the ``Judgment Fund'', as if 
     claims were adjudicated by a United States District Court 
     under section 1346(b) of title 28, United States Code.
       (B) Limitation.--Total amounts awarded under this division 
     shall not exceed $1,000,000,000.
       (3) Determination and payment of claims.--
       (A) Establishment of filing procedures.--The Attorney 
     General shall establish procedures whereby individuals and 
     the municipality may submit claims for payments under this 
     section to the Special Master.
       (B) Determination of claims.--The Special Master shall, in 
     accordance with this subsection, determine whether each claim 
     meets the requirements of this section. Claims filed by 
     residents of the island of Vieques that have been disposed of 
     by a court under chapter 171 of title 28, United States Code, 
     shall be treated as if such claims are currently filed.
       (e) Action on Claims.--The Special Master shall make a 
     determination on any claim filed under the procedures 
     established under this section not later than 150 days after 
     the date on which the claim is filed.
       (f) Payment in Full Settlement of Claims by Individuals and 
     the Municipality of Vieques Against the United States.--The 
     acceptance by an individual or the Municipality of Vieques of 
     a payment of an award under this section shall--
       (1) be final and conclusive;
       (2) be deemed to be in full satisfaction of all claims 
     under chapter 171 of title 28, United States Code; and
       (3) constitute a complete release by the individual or 
     municipality of such claim against the United States and 
     against any employee of the United States acting in the scope 
     of employment who is involved in the matter giving rise to 
     the claim.
       (g) Certification of Treatment of Payments Under Other 
     Laws.--Amounts paid to an individual under this section--
       (1) shall be treated for purposes of the laws of the United 
     States as damages for human suffering; and
       (2) may not be included as income or resources for purposes 
     of determining eligibility to receive benefits described in 
     section 3803(c)(2)(C) of title 31, United States Code, or the 
     amount of such benefits.
       (h) Limitation on Claims.--A claim to which this section 
     applies shall be barred unless the claim is filed within 15 
     years after the date of the enactment of this Act.
       (i) Attorney's Fees.--Notwithstanding any contract, a 
     representative of an individual may not receive, for services 
     rendered in connection with a claim of the individual under 
     this division, more than 20 percent of a payment made under 
     this division.
                                 ______
                                 
  SA 638. Mr. MENENDEZ (for himself, Ms. Murkowski, Mr. Tester, Mrs. 
Fischer, Mr. Brown, and Ms. Klobuchar) 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. __. REAUTHORIZATION OF VOLUNTARY REGISTRY FOR 
                   FIREFIGHTER CANCER INCIDENCE.

       Section 2(h) of the Firefighter Cancer Registry Act of 2018 
     (42 U.S.C. 280e-5(h)) is amended by striking ``$2,500,000 for 
     each of the fiscal years 2018 through 2022'' and inserting 
     ``$5,500,000 for each of fiscal years 2024 through 2028''.
                                 ______
                                 
  SA 639. Mr. MENENDEZ (for himself, Mr. Tillis, Ms. Cortez Masto, Mr. 
Young, Mr. Braun, and Mr. Marshall) 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. ___. MODIFICATION OF PROHIBITION.

       Section 211 of the Department of Commerce and Related 
     Agencies Appropriations Act, 1999 (as contained in section 
     101(b) of division A of Public Law 105-277; 112 Stat. 2681-
     88) is amended--
       (1) in subsection (a)(2)--
       (A) by inserting ``or entity of the executive branch'' 
     after ``U.S. court'';
       (B) by striking ``by a designated national''; and
       (C) by inserting before the period at the end the 
     following: ``that was used in connection with a business or 
     assets that were confiscated unless the original owner of the 
     mark, trade name, or commercial name, or the bona fide 
     successor-in-interest has expressly consented'';
       (2) in subsection (b)--
       (A) by inserting ``or entity of the executive branch'' 
     after ``U.S. court''; and
       (B) by striking ``by a designated national or its 
     successor-in-interest'';
       (3) by redesignating subsection (d) as subsection (e);
       (4) by inserting after subsection (c) the following:
       ``(d) Subsections (a)(2) and (b) of this section shall 
     apply only if the person or entity asserting the rights knew 
     or had reason to know at the time when the person or entity 
     acquired the rights asserted that the mark, trade name, or 
     commercial name was the

[[Page S2738]]

     same as or substantially similar to a mark, trade name, or 
     commercial name that was used in connection with a business 
     or assets that were confiscated.''; and
       (5) in subsection (e), as so redesignated, by striking ``In 
     this section:'' and all that follows through ``(2) The term'' 
     and inserting the following: ``In this section, the term''.
                                 ______
                                 
  SA 640. Mr. MENENDEZ (for himself, Mr. Graham, Mr. Fetterman, Mr. 
Blumenthal, Mr. Booker, and Mrs. Feinstein) 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. __. PROHIBITION ON SLAUGHTER OF EQUINES FOR HUMAN 
                   CONSUMPTION.

       Section 12515 of the Agriculture Improvement Act of 2018 (7 
     U.S.C. 2160) is amended--
       (1) in the section heading, by striking ``dogs and cats'' 
     and inserting ``dogs, cats, and equines''; and
       (2) in subsection (a), by striking ``a dog or cat'' each 
     place it appears and inserting ``a dog, cat, or equine''.
                                 ______
                                 
  SA 641. Mr. MENENDEZ (for himself and Mr. Cramer) 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. _____. PAYMENT CHOICE.

       (a) Sense of Congress.--It is the sense of Congress that 
     United States currency should be treated as legal tender 
     throughout the United States, and that every consumer should 
     have the right to use cash as payment at retail businesses 
     that accept in-person payments.
       (b) Retail Businesses Prohibited From Refusing Cash 
     Payments.--
       (1) In general.--Subchapter I of chapter 51 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5104. Retail businesses prohibited from refusing cash 
       payments

       ``(a) In General.--Any person engaged in the business of 
     selling or offering goods or services at retail to the public 
     who accepts in-person payments at a physical location 
     (including a person accepting payments for telephone, mail, 
     or internet-based transactions who is accepting in-person 
     payments at a physical location)--
       ``(1) shall accept cash as a form of payment for sales made 
     at such physical location in amounts up to and including $500 
     per transaction; and
       ``(2) may not charge cash-paying customers a higher price 
     compared to the price charged to customers not paying with 
     cash.
       ``(b) Exceptions.--
       ``(1) In general.--Subsection (a) shall not apply to a 
     person if--
       ``(A) the person is unable to accept cash because of--
       ``(i) a sale system failure that temporarily prevents the 
     processing of cash payments; or
       ``(ii) temporarily having insufficient cash on hand to make 
     change; or
       ``(B)(i) the person provides customers with a device that 
     converts cash into prepaid cards on the premises;
       ``(ii) there is no fee for the use of the device;
       ``(iii) the device does not require a minimum deposit of 
     more than one dollar;
       ``(iv) any funds placed onto a prepaid card using the 
     device do not expire, except as permitted under paragraph 
     (2);
       ``(v) the device does not collect any personal identifying 
     information from the customer; and
       ``(vi) there is no fee to use the prepaid card that the 
     device produces.
       ``(2) Inactivity.--A person seeking exception from 
     subsection (a) may charge an inactivity fee in association 
     with a card offered by such person if--
       ``(A) there has been no activity with respect to the card 
     during the 12-month period ending on the date on which the 
     inactivity fee is imposed;
       ``(B) not more than 1 inactivity fee is imposed in any 1-
     month period; and
       ``(C) it is clearly and conspicuously stated, on the face 
     of the mechanism that issues the card and on the card--
       ``(i) that an inactivity fee or charge may be imposed;
       ``(ii) the frequency at which such inactivity fee may be 
     imposed; and
       ``(iii) the amount of such inactivity fee.
       ``(c) Right to Not Accept Large Bills.--
       ``(1) In general.--Notwithstanding subsection (a), for the 
     5-year period beginning on the date of enactment of this 
     section, this section shall not require a person to accept 
     cash payments in $50 bills or any larger bill.
       ``(2) Rulemaking.--
       ``(A) In general.--The Secretary shall issue a rule on the 
     date that is 5 years after the date of the enactment of this 
     section with respect to any bill denominations a person is 
     not required to accept.
       ``(B) Requirement.--When issuing a rule under subparagraph 
     (A), the Secretary shall require persons to accept $1, $5, 
     $10 and $20 bills.
       ``(d) Enforcement.--
       ``(1) Preventative relief.--
       ``(A) In general.--Whenever any person has engaged, or 
     there are reasonable grounds to believe that any person is 
     about to engage, in any act or practice prohibited by this 
     section, any customer or prospective customer of such person 
     aggrieved by such violation or threatened violation may 
     deliver to the retailer, or cause to be so delivered by 
     certified mail, with proof of delivery, a notice describing, 
     in reasonable detail, the conduct or events constituting the 
     violation or threatened violation, and giving notice that, 
     unless such conduct is corrected or cured within 45 days 
     after the date of delivery of such notice, a civil action for 
     preventative relief, including an application for a permanent 
     or temporary injunction, restraining order, or other 
     appropriate such relief, which may include a civil penalty 
     under paragraph (2), may be brought against such person.
       ``(B) No violation.--If, within the 45-day period under 
     subparagraph (A), the retailer establishes to the reasonable 
     satisfaction of the customer, in a response provided in 
     writing to the customer, that no violation occurred as 
     alleged, or certifies that the violation alleged has been 
     corrected or cured, and provides reasonable assurance that no 
     such violation will be permitted to occur, no further 
     proceedings under this section shall be undertaken.
       ``(C) Failure to respond.--If a retailer, having received a 
     notice described in subparagraph (A), fails to respond in 
     accordance with that subparagraph, or responds but fails to 
     reasonably establish that the violation alleged did not occur 
     or has been corrected or cured, the aggrieved customer may 
     file a civil action against the retailer seeking relief under 
     this subsection, and shall attach to the complaint in such 
     action copies of the notice given to the retailer and any 
     response from the retailer.
       ``(2) Damages and civil penalties.--Any person who violates 
     this section shall--
       ``(A) be liable for actual damages, and, if actual damages 
     are less than $250, liquidated damages of $250; and
       ``(B) a civil penalty of not more than $500 for a first 
     offense and not more than $1,500 for a second or subsequent 
     offense.
       ``(3) Jurisdiction.--An action under this section may be 
     brought in any United States district court, or in any other 
     court of competent jurisdiction.
       ``(4) Intervention of attorney general.--Upon timely 
     application, a court may, in its discretion, permit the 
     Attorney General to intervene in a civil action brought under 
     this subsection, if the Attorney General certifies that the 
     action is of general public importance.
       ``(5) Authority to appoint court-paid attorney.--Upon 
     application by an individual and in such circumstances as the 
     court may determine just, the court may appoint an attorney 
     for such individual and may authorize the commencement of a 
     civil action under this subsection without the payment of 
     fees, costs, or security.
       ``(6) Attorney's fees.--In any action commenced pursuant to 
     this section, the court, in its discretion, may allow the 
     prevailing party, other than the United States, a reasonable 
     attorney's fee, not to exceed $3,000, as part of the costs, 
     and the United States shall be liable for costs the same as a 
     private person.
       ``(7) Requirements in certain states and local areas.--In 
     the case of an alleged act or practice prohibited by this 
     section which occurs in a State, or political subdivision of 
     a State, which has a State or local law prohibiting such act 
     or practice and establishing or authorizing a State or local 
     authority to grant or seek relief from such act or practice 
     or to institute criminal proceedings with respect thereto 
     upon receiving notice thereof, no civil action may be brought 
     hereunder before the expiration of 30 days after written 
     notice of such alleged act or practice has been given to the 
     appropriate State or local authority by registered mail or in 
     person, provided that the court may stay proceedings in such 
     civil action pending the termination of State or local 
     enforcement proceedings.
       ``(e) Greater Protection Under State Law.--This section 
     shall not preempt any law of a State, the District of 
     Columbia, a Tribal government, or a territory of the United 
     States if the protections that such law affords to consumers 
     are greater than the protections provided under this section.
       ``(f) Rulemaking.--The Secretary shall issue such rules as 
     the Secretary determines are necessary to implement this 
     section, which may prescribe additional exceptions to the 
     application of the requirements described in subsection (a).
       ``(g) Annual Reports on the Geographic Distribution of 
     Automated Teller Machines Owned by Federally Insured 
     Depository Institutions.--Beginning on the date that is 1 
     year after the date of enactment of this section, and 
     annually thereafter, the Federal Deposit Insurance 
     Corporation, with

[[Page S2739]]

     respect to depository institutions insured by the 
     Corporation, and the National Credit Union Administration, 
     with respect to credit unions insured by the National Credit 
     Union Share Insurance Fund, shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report that provides--
       ``(1) the number of automated teller machines owned and in 
     service by each institution insured by such agency;
       ``(2) the location of each such automated teller machine 
     that is installed at a fixed site; and
       ``(3) the approximate geographic range or radius within 
     which mobile automated teller machines owned by any such 
     institution are deployed.''.
       (c) Technical and Conforming Amendment.--The table of 
     contents for chapter 51 of title 31, United States Code, is 
     amended by inserting after the item relating to section 5103 
     the following:

``5104. Retail businesses prohibited from refusing cash payments.''.
                                 ______
                                 
  SA 642. Mr. MENENDEZ (for himself and Mr. Kaine) 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 F of title V, insert the following:

     SEC. 565. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION 
                   ACTIVITY SCHOOLS TO MAINTAIN MAXIMUM STUDENT-
                   TO-TEACHER RATIOS.

       Section 589B(c) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 134 Stat. 3659) is amended by striking ``2023-2024 
     academic year'' and inserting ``2029-2030 academic year''.
                                 ______
                                 
  SA 643. 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 X, insert the following:

     SEC. 10__. PAYMENT OF VA EDUCATIONAL ASSISTANCE VIA 
                   ELECTRONIC FUND TRANSFER TO A FOREIGN 
                   INSTITUTION OF HIGHER EDUCATION.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall update the 
     payment system of the Department of Veterans Affairs to allow 
     for electronic fund transfer of educational assistance, 
     administered by the Secretary, to a foreign institution of 
     higher education that--
       (1) provides an approved course of education to an eligible 
     recipient of such assistance; and
       (2) does not have--
       (A) an employer identification number; or
       (B) an account with a domestic bank.
                                 ______
                                 
  SA 644. 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 and strategic partnerships 
     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 legislation must be enacted 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 645. Ms. DUCKWORTH 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. ___. EXCLUSION OF BASIC ALLOWANCE FOR HOUSING FROM 
                   INCOME.

       Section 5(d) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2014(d)) is amended--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19)(B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(20) a basic allowance for housing paid to a member of a 
     uniformed service under section 403 of title 37, United 
     States Code.''.
                                 ______
                                 
  SA 646. Mr. ROUNDS (for himself, Mr. Lujan, Mr. Padilla, Mr. King, 
Ms. Warren, Mr. Hickenlooper, Mr. Lankford, Ms. Cortez Masto, Mr. 
Cramer, Mr. Scott of Florida, Mr. Ossoff, Ms. Rosen, Ms. Klobuchar, Mr. 
Cornyn, Mr. Heinrich, Mr. Thune, Ms. Sinema, Ms. Smith, 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 subtitle G of title X, insert 
     the following:

[[Page S2740]]

  


     SEC. 10__. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
                   CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, 
                   INCORPORATED.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1503 the 
     following:

    ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED

``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.

     ``Sec. 150401 Organization

       ``The National American Indian Veterans, Incorporated, a 
     nonprofit corporation organized in the United States 
     (referred to in this chapter as the `corporation'), is a 
     federally chartered corporation.

     ``Sec. 150402. Purposes

       ``The purposes of the corporation are those stated in the 
     articles of incorporation, constitution, and bylaws of the 
     corporation, and include a commitment--
       ``(1) to uphold and defend the Constitution of the United 
     States while respecting the sovereignty of the American 
     Indian Nations;
       ``(2) to unite under one body all American Indian veterans 
     who served in the Armed Forces of United States;
       ``(3) to be an advocate on behalf of all American Indian 
     veterans without regard to whether they served during times 
     of peace, conflict, or war;
       ``(4) to promote social welfare (including educational, 
     economic, social, physical, and cultural values and 
     traditional healing) in the United States by encouraging the 
     growth and development, readjustment, self-respect, self-
     confidence, contributions, and self-identity of American 
     Indian veterans;
       ``(5) to serve as an advocate for the needs of American 
     Indian veterans and their families and survivors in their 
     dealings with all Federal and State government agencies;
       ``(6) to promote, support, and utilize research, on a 
     nonpartisan basis, pertaining to the relationship between 
     American Indian veterans and American society; and
       ``(7) to provide technical assistance to the Bureau of 
     Indian Affairs regional areas that are not served by any 
     veterans committee or organization or program by--
       ``(A) providing outreach service to Indian Tribes in need; 
     and
       ``(B) training and educating Tribal Veterans Service 
     Officers for Indian Tribes in need.

     ``Sec. 150403. Membership

       ``Subject to section 150406, eligibility for membership in 
     the corporation, and the rights and privileges of members, 
     shall be as provided in the constitution and bylaws of the 
     corporation.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406, the board of directors of the 
     corporation, and the responsibilities of the board, shall be 
     as provided in the constitution and bylaws of the corporation 
     and in conformity with the laws under which the corporation 
     is incorporated.

     ``Sec. 150405. Officers

       ``Subject to section 150406, the officers of the 
     corporation, and the election of such officers, shall be as 
     provided in the constitution and bylaws of the corporation 
     and in conformity with the laws of the jurisdiction under 
     which the corporation is incorporated.

     ``Sec. 150406. Nondiscrimination

       ``In establishing the conditions of membership in the 
     corporation, and in determining the requirements for serving 
     on the board of directors or as an officer of the 
     corporation, the corporation may not discriminate on the 
     basis of race, color, religion, sex, national origin, 
     handicap, or age.

     ``Sec. 150407. Powers

       ``The corporation shall have only those powers granted the 
     corporation through its articles of incorporation, 
     constitution, and bylaws, which shall conform to the laws of 
     the jurisdiction under which the corporation is incorporated.

     ``Sec. 150408. Exclusive right to name, seals, emblems, and 
       badges

       ``(a) In General.--The corporation shall have the sole and 
     exclusive right to use the names `National American Indian 
     Veterans, Incorporated' and `National American Indian 
     Veterans', and such seals, emblems, and badges as the 
     corporation may lawfully adopt.
       ``(b) Effect.--Nothing in this section interferes or 
     conflicts with any established or vested rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--The corporation may not--
       ``(1) issue any shares of stock; or
       ``(2) declare or pay any dividends.
       ``(b) Distribution of Income or Assets.--
       ``(1) In general.--The income or assets of the corporation 
     may not--
       ``(A) inure to any person who is a member, officer, or 
     director of the corporation; or
       ``(B) be distributed to any such person during the life of 
     the charter granted by this chapter.
       ``(2) Effect.--Nothing in this subsection prevents the 
     payment of reasonable compensation to the officers of the 
     corporation, or reimbursement for actual and necessary 
     expenses, in amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make any loan to any 
     officer, director, member, or employee of the corporation.
       ``(d) No Federal Endorsement.--The corporation may not 
     claim congressional approval or Federal Government authority 
     by virtue of the charter granted by this chapter for any of 
     the activities of the corporation.

     ``Sec. 150410. Duty to maintain tax-exempt status

       ``The corporation shall maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986.

     ``Sec. 150411. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete books and records of accounts;
       ``(2) minutes of any proceeding of the corporation 
     involving any of member of the corporation, the board of 
     directors, or any committee having authority under the board 
     of directors; and
       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of all members of the corporation 
     having the right to vote.
       ``(b) Inspection.--
       ``(1) In general.--All books and records of the corporation 
     may be inspected by any member having the right to vote, or 
     by any agent or attorney of such a member, for any proper 
     purpose, at any reasonable time.
       ``(2) Effect.--Nothing in this section contravenes--
       ``(A) the laws of the jurisdiction under which the 
     corporation is incorporated; or
       ``(B) the laws of those jurisdictions within the United 
     States and its territories within which the corporation 
     carries out activities in furtherance of the purposes of the 
     corporation.

     ``Sec. 150412. Service of process

       ``With respect to service of process, the corporation shall 
     comply with the laws of--
       ``(1) the jurisdiction under which the corporation is 
     incorporated; and
       ``(2) those jurisdictions within the United States and its 
     territories within which the corporation carries out 
     activities in furtherance of the purposes of the corporation.

     ``Sec. 150413. Liability for acts of officers and agents

       ``The corporation shall be liable for the acts of the 
     officers and agents of the corporation acting within the 
     scope of their authority.

     ``Sec. 150414. Failure to comply with requirements

       ``If the corporation fails to comply with any of the 
     requirements of this chapter, including the requirement under 
     section 150410 to maintain its status as an organization 
     exempt from taxation, the charter granted by this chapter 
     shall expire.

     ``Sec. 150415. Annual report

       ``(a) In General.--The corporation shall submit to Congress 
     an annual report describing the activities of the corporation 
     during the preceding fiscal year.
       ``(b) Submittal Date.--Each annual report under this 
     section shall be submitted at the same time as the report of 
     the audit of the corporation required by section 10101(b).
       ``(c) Report Not Public Document.--No annual report under 
     this section shall be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     II of title 36, United States Code, is amended by inserting 
     after the item relating to chapter 1503 the following:


 
 
 
``1504. National American Indian Veterans, Incorporated.....   150401''.
 

                                 ______
                                 
  SA 647. Mr. SULLIVAN (for himself, Ms. Murkowski, 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 appropriate place, insert the following:

     SEC. __. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) CONTRACTS 
                   WITH THE DEPARTMENT OF DEFENSE.

       Section 8(a)(11) of the Small Business Act (15 U.S.C. 
     637(a)(11)) is amended--
       (1) by inserting ``(A)'' before ``To the maximum''; and
       (2) by adding at the end the following:
       ``(B) Subparagraph (A) shall not apply with respect to a 
     contract entered into under this subsection with the 
     Department of Defense.''.
                                 ______
                                 
  SA 648. Mr. SULLIVAN (for himself, Ms. Murkowski, and Ms. Hirono) 
submitted an amendment intended to be

[[Page S2741]]

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. __. ELIMINATION OF REQUIREMENT RELATING TO AWARD OF 
                   CONSTRUCTION SUBCONTRACTS WITHIN COUNTY OR 
                   STATE OF PERFORMANCE.

       Paragraph (11) of section 8(a) of the Small Business Act 
     (15 U.S.C. 637(a)) is repealed.
                                 ______
                                 
  SA 649. Mr. RUBIO 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. DETERMINATION ON WHETHER TO EXTEND CERTAIN 
                   PRIVILEGES, EXEMPTIONS, AND IMMUNITIES TO THE 
                   HONG KONG ECONOMIC AND TRADE OFFICES IN THE 
                   UNITED STATES.

       (a) Determination Required.--Not later than 30 days after 
     the date of the enactment of this Act, and thereafter as part 
     of each certification required by the Secretary of State 
     under section 205(a)(1)(A) of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5725(a)(1)(A)), the Secretary 
     of State shall, as part of such certification, include a 
     separate determination that--
       (1) the Hong Kong Economic and Trade Offices--
       (A) merit extension and application of the privileges, 
     exemptions, and immunities specified in subsection (b); or
       (B) no longer merit extension and application of the 
     privileges, exemptions, and immunities specified in 
     subsection (b); and
       (2) a detailed report justifying that determination, which 
     may include considerations related to United States national 
     security interests.
       (b) Privileges, Exemptions, and Immunities Specified.--The 
     privileges, exemptions, and immunities specified in this 
     subsection are the privileges, exemptions, and immunities 
     extended and applied to the Hong Kong Economic and Trade 
     Offices under section 1 of the Act entitled ``An Act to 
     extend certain privileges, exemptions, and immunities to Hong 
     Kong Economic and Trade Offices'', approved June 27, 1997 (22 
     U.S.C. 288k).
       (c) Effect of Determination.--
       (1) Termination.--If the Secretary of State determines 
     under subsection (a)(1)(B) that the Hong Kong Economic and 
     Trade Offices no longer merit extension and application of 
     the privileges, exemptions, and immunities specified in 
     subsection (b), the Hong Kong Economic and Trade Offices 
     shall terminate operations not later than 180 days after the 
     date on which that determination is delivered to the 
     appropriate congressional committees, as part of the 
     certification required under section 205(a)(1)(A) of the 
     United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5725(a)(1)(A)).
       (2) Continued operations.--If the Secretary of State 
     determines under subsection (a)(1)(A) that the Hong Kong 
     Economic and Trade Offices merit extension and application of 
     the privileges, exemptions, and immunities specified in 
     subsection (b), the Hong Kong Economic and Trade Offices may 
     continue operations for the one-year period following the 
     date of the certification that includes that determination or 
     until the next certification required under section 
     205(a)(1)(A) of the United States-Hong Kong Policy Act of 
     1992 (22 U.S.C. 5725(a)(1)(A)) is submitted, whichever occurs 
     first.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Hong kong economic and trade offices.--The term ``Hong 
     Kong Economic and Trade Offices'' has the meaning given that 
     term in section 1(c) of the Act entitled ``An Act to extend 
     certain privileges, exemptions, and immunities to Hong Kong 
     Economic and Trade Offices'', approved June 27, 1997 (22 
     U.S.C. 288k).

     SEC. 1299M. POLICY OF UNITED STATES ON PROMOTION OF AUTONOMY 
                   OF GOVERNMENT OF THE HONG KONG SPECIAL 
                   ADMINISTRATIVE REGION.

       It is the policy of the United States--
       (1) to ensure that entities of the United States Government 
     do not knowingly assist in the promotion of Hong Kong as a 
     free and autonomous city or the Government of the Hong Kong 
     Special Administrative Region as committed to protecting the 
     human rights of the people of Hong Kong or fully maintaining 
     the rule of law required for human rights and economic 
     prosperity as long as the Secretary of State continues to 
     determine under section 205(a)(1) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong Kong 
     does not enjoy a high degree of autonomy from the People's 
     Republic of China and does not warrant treatment under the 
     laws of the United States in the same manner as those laws 
     were applied to Hong Kong before July 1, 1997;
       (2) to recognize that promotion of Hong Kong as described 
     in paragraph (1) should be considered propaganda for the 
     efforts of the People's Republic of China to dismantle rights 
     and freedom guaranteed to the residents of Hong Kong by the 
     International Covenant on Civil and Political Rights and the 
     Sino-British Joint Declaration of 1984;
       (3) to ensure that entities of the United States Government 
     do not engage in or assist with propaganda of the People's 
     Republic of China regarding Hong Kong; and
       (4) to engage with the Government of the Hong Kong Special 
     Administrative Region, through all relevant entities of the 
     United States Government, seeking the release of political 
     prisoners, the end of arbitrary detentions, the resumption of 
     a free press and fair and free elections open to all 
     candidates, and the restoration of an independent judiciary.
                                 ______
                                 
  SA 650. Mr. CORNYN (for himself and Mr. Casey) 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. PROTECTION OF NATIONAL CRITICAL CAPABILITIES.

       The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 
     is amended by adding at the end the following:

       ``TITLE VIII--PROTECTION OF NATIONAL CRITICAL CAPABILITIES

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Finance, the Committee on Banking, Housing, and Urban 
     Affairs, the Select Committee on Intelligence, and the 
     Committee on Foreign Relations of the Senate; and
       ``(B) the Committee on Armed Services, the Committee on 
     Ways and Means, the Committee on Financial Services, the 
     Permanent Select Committee on Intelligence, and the Committee 
     on Foreign Affairs of the House of Representatives.
       ``(2) Country of concern.--The term `country of concern' 
     means, subject to such regulations as may be prescribed in 
     accordance with section 806, a country specified in section 
     4872(d)(2) of title 10, United States Code.
       ``(3) Covered activity.--
       ``(A) In general.--Subject to such regulations as may be 
     prescribed in accordance with section 806, and except as 
     provided in subparagraph (B), the term `covered activity' 
     means any activity engaged in by a United States person in a 
     national critical capabilities sector that involves--
       ``(i) an acquisition of an equity interest or contingent 
     equity interest, or monetary capital contribution, in a 
     covered foreign entity, directly or indirectly, by 
     contractual commitment or otherwise, with the goal of 
     generating income or gain;
       ``(ii) an arrangement for an interest in the short- or 
     long-term debt obligations of a covered foreign entity that 
     includes government rights that are characteristic of an 
     equity investment, management, or other important rights;
       ``(iii) the establishment of a wholly owned subsidiary in a 
     country of concern, such as a greenfield investment, for the 
     purpose of production, design, testing, manufacturing, 
     fabrication, or development related to one or more national 
     critical capabilities sectors;
       ``(iv) the establishment of a joint venture in a country of 
     concern or with a covered foreign entity for the purpose of 
     production, design, testing, manufacturing, fabrication, or 
     research involving one or more national critical capabilities 
     sectors, or other contractual or other commitments involving 
     a covered foreign entity to jointly research and develop new 
     innovation, including through the transfer of capital or 
     intellectual property or other business proprietary 
     information;
       ``(v) the acquisition by a United States person with a 
     covered foreign entity of--

       ``(I) operational cooperation, such as through supply or 
     support arrangements;
       ``(II) the right to board representation (as an observer, 
     even if limited, or as a member) or an executive role (as may 
     be defined through regulation) in a covered foreign entity;
       ``(III) the ability to direct or influence such operational 
     decisions as may be defined through such regulations;
       ``(IV) formal governance representation in any operating 
     affiliate, like a portfolio company, of a covered foreign 
     entity; or
       ``(V) a new relationship to share or provide business 
     services, such as but not limited to financial services, 
     marketing services, maintenance, or assembly functions, 
     related to a national critical capabilities sector; or

[[Page S2742]]

       ``(vi) except as provided in subparagraph (B), any other 
     transaction involving a country of concern or with a covered 
     foreign entity defined in regulations prescribed in 
     accordance with section 806.
       ``(B) Exceptions.--The term `covered activity' does not 
     include--
       ``(i) any transaction the value of which the Secretary of 
     the Treasury determines is de minimis;
       ``(ii) any category of transactions that the Secretary 
     determines is in the national interest of the United States, 
     as may be defined in regulations prescribed in accordance 
     with section 806; or
       ``(iii) any ordinary business transaction as may be defined 
     in such regulations.
       ``(4) Covered foreign entity.--
       ``(A) In general.--Subject to regulations prescribed in 
     accordance with section 806, and except as provided in 
     subparagraph (B), the term `covered foreign entity' means--
       ``(i) any entity that is incorporated in, has a principal 
     place of business in, or is organized under the laws of a 
     country of concern;
       ``(ii) any entity the equity securities of which are 
     primarily traded on one or more exchanges in a country of 
     concern;
       ``(iii) any entity in which any covered foreign entity 
     holds, individually or in the aggregate, directly or 
     indirectly, an ownership interest of greater than 50 percent; 
     or
       ``(iv) any other entity that is not a United States person 
     and that meets such criteria as may be specified by the 
     Secretary of the Treasury in such regulations.
       ``(B) Exception.--The term `covered foreign entity' does 
     not include any entity described in subparagraph (A) that can 
     demonstrate that a majority of the equity interest in the 
     entity is ultimately owned by--
       ``(i) nationals of the United States; or
       ``(ii) nationals of such countries (other than countries of 
     concern) as are identified for purposes of this subparagraph 
     pursuant to regulations prescribed in accordance with section 
     806.
       ``(5) National critical capabilities sector.--Subject to 
     regulations prescribed in accordance with section 806, the 
     term `national critical capabilities sector' includes sectors 
     within the following areas, as specified in such regulations:
       ``(A) Semiconductor manufacturing and advanced packaging.
       ``(B) Microelectronics.
       ``(C) Large-capacity batteries with dual-use applications.
       ``(D) Artificial intelligence.
       ``(E) Quantum information science and technology.
       ``(F) Hypersonics.
       ``(G) Satellite-based communications.
       ``(H) Networked laser scanning systems with dual-use 
     applications.
       ``(I) Any other technology that if produced in the United 
     States would be--
       ``(i) included on the Commerce Control List maintained by 
     the Bureau of Industry and Security and set forth in 
     Supplement No. 1 to part 774 of the Export Administration 
     Regulations; and
       ``(ii) subject to the requirement for a license under the 
     Export Administration Regulations for the export, reexport, 
     or in-country transfer (as those terms are defined in section 
     1742 of the Export Control Reform Act of 2018 (50 U.S.C. 
     4801)) of the technology to or in a country of concern.
       ``(6) Party.--The term `party', with respect to an 
     activity, has the meaning given that term in regulations 
     prescribed in accordance with section 806.
       ``(7) United states.--The term `United States' means the 
     several States, the District of Columbia, and any territory 
     or possession of the United States.
       ``(8) United states person.--The term `United States 
     person' means--
       ``(A) an individual who is a citizen or national of the 
     United States or an alien lawfully admitted for permanent 
     residence in the United States; and
       ``(B) any corporation, partnership, or other entity 
     organized under the laws of the United States or the laws of 
     any jurisdiction within the United States.

     ``SEC. 802. ADMINISTRATION OF UNITED STATES INVESTMENT 
                   NOTIFICATION.

       ``(a) In General.--The President shall delegate the 
     authorities and functions under this title to the Secretary 
     of the Treasury.
       ``(b) Designation of Lead Agency.--The Secretary shall 
     designate, as appropriate, the head of a Federal agency or 
     agencies to be the lead agency or agencies for each 
     notification required under section 803.
       ``(c) Coordination.--In carrying out the duties of the 
     Secretary under this title, the Secretary shall--
       ``(1) coordinate with the Secretary of Commerce; and
       ``(2) consult with the United States Trade Representative, 
     the Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence.

     ``SEC. 803. MANDATORY NOTIFICATION OF COVERED ACTIVITIES.

       ``(a) Mandatory Notification.--
       ``(1) In general.--Subject to regulations prescribed in 
     accordance with section 806, beginning on the date that is 90 
     days after such regulations take effect, a United States 
     person that plans to engage in a covered activity shall 
     submit to the Secretary of the Treasury a complete written 
     notification of the activity not later than 14 days before 
     the anticipated completion date of the activity.
       ``(2) Circulation of notification.--
       ``(A) In general.--The Secretary shall, upon receipt of a 
     notification under paragraph (1), promptly inspect the 
     notification for completeness, and, if complete, immediately 
     circulate the notification to the agency designated as the 
     lead agency for the notification under section 802(b).
       ``(B) Incomplete notifications.--If a notification 
     submitted under paragraph (1) is incomplete, the Secretary or 
     the head of the lead agency shall promptly inform the United 
     States person that submits the notification that the 
     notification is not complete and provide an explanation of 
     relevant material respects in which the notification is not 
     complete.
       ``(C) Referral to attorney general.--If the Secretary has 
     reason to believe that a covered activity that is the subject 
     of a notification submitted under paragraph (1) may be 
     prohibited under this title or regulations prescribed in 
     accordance with section 806, the President shall refer the 
     notification to the Attorney General for such action as the 
     Attorney General may determine to be proper.
       ``(3) Identification of non-notified activity.--The 
     Secretary shall establish a process to identify covered 
     activity for which--
       ``(A) a notification is not submitted to the Secretary 
     under paragraph (1); and
       ``(B) information is reasonably available.
       ``(b) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     information or documentary material and any information or 
     materials derived from such information or documentary 
     materials filed with the Secretary of the Treasury pursuant 
     to this section shall be exempt from disclosure under section 
     552 of title 5, United States Code, and no such information 
     or documentary material may be made public by any government 
     agency or Member of Congress.
       ``(2) Exceptions.--The exemption from disclosure provided 
     by paragraph (1) shall not prevent the disclosure of the 
     following:
       ``(A) Information relevant to any administrative or 
     judicial action or proceeding.
       ``(B) Information to Congress or any of the appropriate 
     congressional committees.
       ``(C) Information important to the national security 
     analysis or actions of the President to any domestic 
     governmental entity, or to any foreign governmental entity of 
     an ally or partner of the United States, under the exclusive 
     direction and authorization of the President, only to the 
     extent necessary for national security purposes, and subject 
     to appropriate confidentiality and classification 
     requirements.
       ``(D) Information that the parties have consented to be 
     disclosed to third parties.
       ``(c) Recordkeeping.--In taking action under this section 
     with respect to a covered activity, the Secretary of the 
     Treasury may require any person--
       ``(1) to keep a full record of, and to furnish under oath, 
     in the form of reports or otherwise, complete information 
     relative to the covered activity before, during, or after the 
     completion of the covered activity, or as may be otherwise 
     necessary to enforce the provisions of this title; and
       ``(2) to produce any books of account, records, contracts, 
     letters, memoranda, or other papers relative to the covered 
     activity in the custody or control of the person.

     ``SEC. 804. REPORTING REQUIREMENTS.

       ``(a) In General.--Not later than 360 days after the date 
     on which the regulations prescribed under section 806 take 
     effect, and not less frequently than annually thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report that--
       ``(1) lists all notifications submitted under section 
     803(a) during the year preceding submission of the report and 
     includes, with respect to each such notification--
       ``(A) basic information on each party to the covered 
     activity with respect to which the notification was 
     submitted; and
       ``(B) the nature of the covered activity that was the 
     subject to the notification, including the elements of the 
     covered activity that necessitated a notification;
       ``(2) includes a summary of those notifications, 
     disaggregated by sector, by covered activity, and by country 
     of concern;
       ``(3) provides additional context and information regarding 
     trends in the sectors, the types of covered activities, and 
     the countries involved in those notifications;
       ``(4) includes a description of the national security risks 
     associated with--
       ``(A) the covered activities with respect to which those 
     notifications were submitted; or
       ``(B) categories of such activities; and
       ``(5) assesses the overall impact of those notifications, 
     including recommendations for--
       ``(A) expanding existing Federal programs to support the 
     production or supply of national critical capabilities 
     sectors in the United States, including the potential of 
     existing authorities to address any related national security 
     concerns;
       ``(B) investments needed to enhance national critical 
     capabilities sectors and reduce dependence on countries of 
     concern regarding those sectors; and
       ``(C) the continuation, expansion, or modification of the 
     implementation and administration of this title, including 
     recommendations with respect to whether the definition of 
     `country of concern' under section 801(2) should be amended 
     to add or remove countries.
       ``(b) Form of Report.--Each report required by this section 
     shall be submitted in

[[Page S2743]]

     unclassified form, but may include a classified annex.

     ``SEC. 805. PENALTIES AND ENFORCEMENT.

       ``(a) Penalties.--
       ``(1) Unlawful acts.--Subject to regulations prescribed in 
     accordance with section 806, it shall be unlawful--
       ``(A) to fail to submit a notification under subsection (a) 
     of section 803 with respect to a covered activity or to 
     submit other information as required by the Secretary of the 
     Treasury; or
       ``(B) to make a material misstatement or to omit a material 
     fact in any information submitted to the Secretary under this 
     title.
       ``(2) Civil penalties.--A civil penalty may be imposed on 
     any person who commits an unlawful act described in paragraph 
     (1) in an amount not to exceed the greater of--
       ``(A) $250,000; or
       ``(B) an amount that is twice the amount of the covered 
     activity that is the basis of the violation with respect to 
     which the penalty is imposed.
       ``(b) Enforcement.--The President may direct the Attorney 
     General to seek appropriate relief, including divestment 
     relief, in the district courts of the United States, in order 
     to implement and enforce this title.

     ``SEC. 806. REQUIREMENT FOR REGULATIONS.

       ``(a) In General.--Not later than 360 days after the date 
     of the enactment of this title, the Secretary of the Treasury 
     shall finalize regulations to carry out this title.
       ``(b) Elements.--Regulations prescribed to carry out this 
     title shall include specific examples of the types of--
       ``(1) activities that will be considered to be covered 
     activities; and
       ``(2) the specific sectors and subsectors that may be 
     considered to be national critical capabilities sectors.
       ``(c) Requirements for Certain Regulations.--The Secretary 
     of the Treasury shall prescribe regulations further defining 
     the terms used in this title, including `covered activity', 
     `covered foreign entity', and `party', in accordance with 
     subchapter II of chapter 5 and chapter 7 of title 5 (commonly 
     known as the `Administrative Procedure Act').
       ``(d) Public Participation in Rulemaking.--The provisions 
     of section 709 shall apply to any regulations issued under 
     this title.
       ``(e) Low-burden Regulations.--In prescribing regulations 
     under this section, the Secretary of the Treasury shall 
     structure the regulations--
       ``(1) to minimize the cost and complexity of compliance for 
     affected parties;.
       ``(2) to ensure the benefits of the regulations outweigh 
     their costs;
       ``(3) to adopt the least burdensome alternative that 
     achieves regulatory objectives;
       ``(4) to prioritize transparency and stakeholder 
     involvement in the process of prescribing the regulations; 
     and
       ``(5) to regularly review and streamline existing 
     regulations to reduce redundancy and complexity.

     ``SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINATION.

       ``(a) In General.--The President, in coordination with the 
     United States Trade Representative, the Secretary of 
     Commerce, the Secretary of State, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall--
       ``(1) in coordination and consultation with relevant 
     Federal agencies, conduct bilateral and multilateral 
     engagement with the governments of countries that are allies 
     and partners of the United States to secure coordination of 
     protocols and procedures with respect to covered activities 
     with countries of concern and covered foreign entities; and
       ``(2) upon adoption of protocols and procedures described 
     in paragraph (1), work with those governments to establish 
     mechanisms for sharing information, including trends, with 
     respect to such activities.
       ``(b) Strategy for Development of Outbound Investment 
     Screening Mechanisms.--The Secretary of the Treasury, in 
     consultation with the Attorney General, shall--
       ``(1) develop a strategy to work with countries that are 
     allies and partners of the United States to develop 
     mechanisms comparable to this title for the notification of 
     covered activities; and
       ``(2) provide technical assistance to those countries with 
     respect to the development of those mechanisms.

     ``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this title, 
     including to provide outreach to industry and persons 
     affected by this title.
       ``(b) Hiring Authority.--The head of any agency designated 
     as a lead agency under section 802(b) may appoint, without 
     regard to the provisions of sections 3309 through 3318 of 
     title 5, United States Code, candidates directly to positions 
     in the competitive service (as defined in section 2102 of 
     that title) in that agency. The primary responsibility of 
     individuals in positions authorized under the preceding 
     sentence shall be to administer this title.

     ``SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND 
                   FAIR COMMERCE.

       ``Nothing in this title may be construed to restrain or 
     deter foreign investment in the United States, United States 
     investment abroad, or trade in goods or services, if such 
     investment and trade do not pose a risk to the national 
     security of the United States.''.
                                 ______
                                 
  SA 651. Mr. COTTON (for himself, Mr. Graham, 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 title X, add the following:

Subtitle H--Ensuring American Security and Protecting Afghan Allies Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Ensuring American 
     Security and Protecting Afghan Allies Act''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on the Judiciary of the House of 
     Representatives;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on Armed Services of the House of 
     Representatives; and
       (H) the Committee on Appropriations of the House of 
     Representatives.
       (2) 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)).
       (3) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) section 1096 or an amendment made by such section.
       (4) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (5) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 1093. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding the status of a specified application submitted by, 
     or on behalf of, a national of Afghanistan, including any 
     information that has been provided to the applicant, in 
     accordance with section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)).
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall designate an appropriate office 
     within the Department of State--
       (1) to review specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan, including by 
     conducting any required interviews;
       (2) to issue visas or other travel documents to such 
     nationals, in accordance with the immigration laws;
       (3) to provide services to such nationals, to the greatest 
     extent practicable, that would normally be provided by an 
     embassy; and
       (4) to carry out any other function that the Secretary 
     considers necessary.

     SEC. 1094. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 of the 
     Immigration and Nationality Act (8 U.S.C. 1186a-b), subject 
     to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status; and
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary of Homeland Security upon written 
     notice.

[[Page S2744]]

       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Immediately on the date of the enactment of this 
     Act, the Secretary of Homeland Security shall--
       (A) adjust the status of each eligible individual to that 
     of conditional permanent resident status; and
       (B) create for each eligible individual a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States.
       (2) Removal of conditions.--
       (A) In general.--Not later than the date described in 
     subparagraph (B), the Secretary of Homeland Security shall 
     remove the conditions on the permanent resident status of an 
     eligible individual if the Secretary has determined that--
       (i) subject to subparagraph (C), the eligible individual is 
     not subject to any ground of inadmissibility under section 
     212 of the Immigration and Nationality Act (8 U.S.C. 1182); 
     and
       (ii) the eligible individual is not the subject of 
     significant derogatory information, such as a conviction of a 
     felony or any other information indicating that the eligible 
     individual poses a national security concern.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which an 
     eligible individual was admitted or paroled into the United 
     States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), with 
     respect to an eligible individual, the Secretary of Homeland 
     Security may waive the application of the grounds of 
     inadmissibility under in section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary of Homeland Security may 
     not waive under clause (i) the application of subparagraphs 
     (C) through (H) of paragraph (2), or paragraph (3), of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (3) Treatment of conditional resident period for purposes 
     of naturalization.--An eligible individual in conditional 
     resident status shall be considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence.
       (c) Terms of Conditional Permanent Resident Status.--
       (1) Assessment.--
       (A) In general.--Before removing the conditions on the 
     permanent resident status of an eligible individual under 
     subsection (b)(2), the Secretary of Homeland Security shall 
     conduct an assessment with respect to the eligible 
     individual, which shall be equivalent in rigor to the 
     assessment conducted with respect to refugees admitted to the 
     United States through the United States Refugee Admissions 
     Program, for the purpose of determining whether the eligible 
     individual is subject to any ground of inadmissibility under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182) or any ground of deportability under section 237 of 
     that Act (8 U.S.C. 1227).
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary of Homeland Security may 
     consult with the head of any other relevant agency and review 
     the holdings of any such agency.
       (2) Periodic nonadversarial meetings.--
       (A) In general.--Not later than 180 days after the date on 
     which the status of an eligible individual is adjusted to 
     conditional permanent resident status, and periodically 
     thereafter, the eligible individual shall participate in a 
     nonadversarial meeting with an official of the Office of 
     Refugee Resettlement, during which such official shall--
       (i) on request by the eligible individual, assist the 
     eligible individual in applying for any applicable 
     immigration benefit and completing any applicable 
     immigration-related paperwork; and
       (ii) answer any questions regarding eligibility for other 
     benefits.
       (B) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under subparagraph (A) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the eligible individual that 
     includes the date of the scheduled meeting and a description 
     of the process for rescheduling the meeting.
       (C) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (i) meetings under subparagraph (A) are conducted in a 
     nonadversarial manner; and
       (ii) interpretation and translation services are provided 
     to eligible individuals with limited English proficiency.
       (D) Rule of construction.--Nothing in this section shall be 
     construed to prevent an eligible individual from electing to 
     have counsel present during a meeting under subparagraph (A).
       (3) Eligibility for benefits.--Except with respect to an 
     application for naturalization, an eligible individual in 
     conditional permanent resident status shall be considered to 
     be an alien lawfully admitted for permanent residence for 
     purposes of the adjudication of an application or petition 
     for a benefit or the receipt of a benefit.
       (4) Notification of requirements.--Not later than 90 days 
     after the date on which the status of an eligible individual 
     is adjusted to that of conditional permanent resident status, 
     the Secretary of Homeland Security shall provide notice to 
     the eligible individual with respect to the provisions of--
       (A) this section;
       (B) paragraph (1) (relating to the conduct of assessments); 
     and
       (C) paragraph (2) (relating to periodic nonadversarial 
     meetings).
       (d) Application for Naturalization.--The Secretary of 
     Homeland Security shall establish procedures by which an 
     eligible individual may be considered for naturalization 
     concurrently with the removal of the conditions on his or her 
     permanent resident status under subsection (b)(2).
       (e) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue guidance implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act'') shall not apply to the 
     guidance issued under this paragraph.
       (f) Asylum Claims.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (g) Prohibition on Fees.--The Secretary of Homeland 
     Security may not charge a fee to any eligible individual in 
     connection with the initial issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence; or
       (2) an employment authorization document.
       (h) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note, Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application, or is granted adjustment of status, 
     under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from five-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien who status is adjusted to that of an alien 
     lawfully admitted for permanent residence under section 1094 
     of the Ensuring American Security and Protecting Afghan 
     Allies Act.''.
       (i) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     eligible individual is otherwise entitled.
       (j) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Secretary of Homeland Security 
     $20,000,000 for each of the fiscal years 2024 through 2028 to 
     carry out this section.

     SEC. 1095. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (1) to develop and oversee the implementation of the 
     strategy and contingency plan described in subsection 
     (d)(1)(A); and
       (2) to submit the report, and provide a briefing on the 
     report, as described in subsection (d).
       (b) Membership.--
       (1) In general.--The Task Force shall include--
       (A) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (B) any other Federal Government official designated by the 
     President.
       (2) Defined term.--In this subsection, the term ``relevant 
     Federal agency'' means--
       (A) the Department of State;
       (B) the Department Homeland Security;
       (C) the Department of Defense;
       (D) the Department of Health and Human Services;
       (E) the Federal Bureau of Investigation; and

[[Page S2745]]

       (F) the Office of the Director of National Intelligence.
       (c) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Duties.--
       (1) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--
       (i) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (ii) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.
       (B) Elements.--The report required under subparagraph (A) 
     shall include--
       (i) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (I) such nationals in Afghanistan and such nationals in a 
     third country;
       (II) type of specified application; and
       (III) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (ii) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status under 
     section 1096 or an amendment made by such section;
       (iii) with respect to the strategy required under 
     subparagraph (A)(i)--

       (I) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (II) a description of the process for safely resettling 
     such nationals;
       (III) a plan for processing such nationals of Afghanistan 
     for admission to the United States, that--

       (aa) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (bb) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (cc) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (dd) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (ee) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;

       (IV) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary of 
     Homeland Security to increase the number of such nationals of 
     Afghanistan who can be safely processed or resettled;
       (V) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (VI) an estimate of the cost to fully implement the 
     strategy; and
       (VII) any other matter the Task Force considers relevant to 
     the implementation of the strategy; and

       (iv) with respect to the contingency plan required by 
     subparagraph (A)(ii)--

       (I) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (II) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (III) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (IV) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund; and
       (V) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan.

       (C) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (2) Briefing.--Not later than 60 days after submitting the 
     report required by paragraph (1), the Task Force shall brief 
     the appropriate committees of Congress on the contents of the 
     report.
       (e) Termination.--The Task Force shall remain in effect 
     until the earlier of--
       (1) the date on which the strategy required under 
     subsection (d)(1)(A)(i) has been fully implemented; or
       (2) the date that is 3 years after the date of the 
     enactment of this Act.

     SEC. 1096. SUPPORTING AT-RISK AFGHAN ALLIES AND RELATIVES OF 
                   CERTAIN MEMBERS OF THE ARMED FORCES.

       (a) Designation of At-risk Afghan Allies as Priority 2 
     Refugees.--
       (1) Definition of at-risk afghan ally.--
       (A) In general.--In this subsection, the term ``at-risk 
     Afghan ally'' means an alien who--
       (i) is a citizen or national of Afghanistan; and
       (ii) was--

       (I) a member of--

       (aa) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (bb) the Afghanistan National Army Special Operations 
     Command;
       (cc) the Afghan Air Force; or
       (dd) the Special Mission Wing of Afghanistan;

       (II) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (aa) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (bb) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (III) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (IV) an individual associated with former Afghan military 
     counterintelligence;
       (V) an individual associated with the former Afghan 
     Ministry of Defense who was involved in the prosecution and 
     detention of combatants; or
       (VI) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; and
       (VII) provided service to an entity or organization 
     described in clause (ii) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.

       (B) Inclusions.--For purposes of this paragraph, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (2) Designation.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall designate, as 
     Priority 2 refugees of special humanitarian concern, at-risk 
     Afghan allies.
       (3) At-risk afghan allies referral program.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a process by which an individual may apply to the 
     Secretary for classification as an at-risk Afghan ally and 
     request a referral to the United States Refugee Admissions 
     Program as Priority 2 refugees.
       (B) Application system.--The process established under 
     subparagraph (A) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as at-risk Afghan allies 
     and upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application; and
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant.

       (C) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     subparagraph (A), the Secretary of Defense shall--
       (i) review--

       (I) the service record of the applicant, if available;
       (II) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     Department of Defense who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (III) the data holdings of the Department of Defense and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information; 
     and

       (ii)(I) in a case in which the Secretary of Defense 
     determines that the applicant is an at-risk Afghan ally, 
     refer the at-risk Afghan ally to the United States Refugee 
     Admissions Program as a Priority 2 refugee; and

       (II) include with such referral any significant derogatory 
     information regarding the at-risk Afghan ally.

       (D) Personnel to support recommendations.--Any limitation 
     in law with respect to the number of personnel within the 
     Office of the Secretary of Defense, the military departments, 
     or the defense agencies shall not apply to personnel employed 
     for the primary purpose of carrying out this paragraph.
       (E) Review process for denial of request for referral.--
       (i) In general.--In the case of an applicant with respect 
     to whom the Secretary of Defense denies a request for 
     classification and

[[Page S2746]]

     referral based on a determination that the applicant is not 
     an at-risk Afghan ally or based on derogatory information--

       (I) the Secretary shall provide the applicant with a 
     written notice of the denial that provides, to the maximum 
     extent practicable, a description of the basis for the 
     denial, including the facts and inferences, or evidentiary 
     gaps, underlying the individual determination; and
       (II) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the Secretary for 
     each such denial.

       (ii) Deadline for appeal.--An appeal under subclause (II) 
     of clause (i) shall be submitted--

       (I) not more than 120 days after the date on which the 
     applicant concerned receives notice under subclause (I) of 
     that clause; or
       (II) on any date thereafter, at the discretion of the 
     Secretary of Defense.

       (iii) Request to reopen.--

       (I) In general.--An applicant who receives a denial under 
     clause (i) may submit a request to reopen a request for 
     classification and referral under the process established 
     under subparagraph (A) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (II) Limitation.--After considering 1 such request to 
     reopen from an applicant, the Secretary of Defense may deny 
     subsequent requests to reopen submitted by the same 
     applicant.

       (b) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--Section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
     amended--
       (1) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (c) General Provisions.--
       (1) Prohibition on fees.--The Secretary of Homeland 
     Security, the Secretary of Defense, or the Secretary of State 
     may not charge any fee in connection with a request for a 
     classification and referral as a refugee or an application 
     for, or issuance of, a special immigrant visa or special 
     immigrant status under--
       (A) this section or an amendment made by this section;
       (B) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8); or
       (C) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163).
       (2) Representation.--An alien applying for admission to the 
     United States under this section, or an amendment made by 
     this section, may be represented during the application 
     process, including at relevant interviews and examinations, 
     by an attorney or other accredited representative. Such 
     representation shall not be at the expense of the United 
     States Government.
       (3) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under this section may not exceed 2,500 each 
     fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under this section during the given fiscal 
     year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under this 
     section shall not exceed 10,000.
       (D) Duration of authority.--The authority to issue visas 
     under this section shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant or requesting 
     classification and referral as a refugee under this section, 
     or an amendment made by this section, protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section, or an amendment made by this section, solely because 
     the alien qualifies as an immediate relative or is eligible 
     for any other immigrant classification.
       (6) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States as a special 
     immigrant under this section or an amendment made by this 
     section shall be eligible for resettlement assistance, 
     entitlement programs, and other benefits available to 
     refugees admitted under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) to the same extent, and for 
     the same periods of time, as such refugees.
       (7) Adjustment of status for special immigrants in certain 
     circumstances.--Notwithstanding paragraph (2), (7), or (8) of 
     subsection (c) of section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255), the Secretary of Homeland 
     Security may adjust the status of an alien described in 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) or subsection (a)(2) 
     of this section to that of an alien lawfully admitted for 
     permanent residence under subsection (a) of such section 245 
     if the alien--
       (A) was--
       (i) paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary of Homeland Security upon written 
     notice; or
       (ii) admitted as a nonimmigrant into the United States; and
       (B) is otherwise eligible for status as a special immigrant 
     under--
       (i) this section; or
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (8) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security, the 
     Secretary of State, the Secretary of Defense, and the 
     Secretary of Health and Human Services such sums as are 
     necessary for each of the fiscal years 2024 through 2034 to 
     carry out this section and the amendments made by this 
     section.

     SEC. 1097. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during 
     Operation Allies Welcome, Enduring Welcome, and any successor 
     operation, the Secretary of Homeland Security and the 
     Secretary of State may waive any fee or surcharge or exempt 
     individuals from the payment of any fee or surcharge 
     collected by the Department of Homeland Security and the 
     Department of State, respectively, in connection with a 
     petition or application for, or issuance of, an immigrant 
     visa to a national of Afghanistan under section 
     201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
     Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a), respectively.

     SEC. 1098. PAROLE REFORM.

       (a) In General.--Section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as 
     follows:
       ``(5)(A) Except as provided in subparagraphs (B) and (C) 
     and section 214(f), the Secretary of Homeland Security, in 
     the discretion of the Secretary, may temporarily parole into 
     the United States any alien applying for admission to the 
     United States who is not present in the United States, under 
     such conditions as the Secretary may prescribe, on a case-by-
     case basis, and not according to eligibility criteria 
     describing an entire class of potential parole recipients, 
     for urgent humanitarian reasons or significant public 
     benefit. Parole granted under this subparagraph may not be 
     regarded as an admission of the alien. When the purposes of 
     such parole have been served in the opinion of the Secretary, 
     the alien shall immediately return or be returned to the 
     custody from which the alien was paroled. After such return, 
     the case of the alien shall be dealt with in the same manner 
     as the case of any other applicant for admission to the 
     United States.
       ``(B) The Secretary of Homeland Security may grant parole 
     to any alien who--
       ``(i) is present in the United States without lawful 
     immigration status;
       ``(ii) is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) is not otherwise inadmissible or removable; and
       ``(iv) is the spouse or child of a member of the Armed 
     Forces serving on active duty.
       ``(C) The Secretary of Homeland Security may grant parole 
     to any alien--
       ``(i) who is a national of the Republic of Cuba and is 
     living in the Republic of Cuba;
       ``(ii) who is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) for whom an immigrant visa is not immediately 
     available;
       ``(iv) who meets all eligibility requirements for an 
     immigrant visa;
       ``(v) who is not otherwise inadmissible; and
       ``(vi) who is receiving a grant of parole in furtherance of 
     the commitment of the United States to the minimum level of 
     annual legal migration of Cuban nationals to the United 
     States specified in the U.S.-Cuba Joint Communique on 
     Migration, done at New York September 9, 1994, and reaffirmed 
     in the Cuba-United States: Joint Statement on Normalization 
     of Migration, Building on the Agreement of September 9, 1994, 
     done at New York May 2, 1995.
       ``(D) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), an urgent humanitarian 
     reason shall be limited to circumstances in which the alien 
     establishes that--
       ``(i)(I) the alien has a medical emergency; and
       ``(II)(aa) the alien cannot obtain necessary treatment in 
     the foreign state in which the alien is residing; or
       ``(bb) the medical emergency is life-threatening and there 
     is insufficient time for the alien to be admitted through the 
     normal visa process;
       ``(ii) the alien is the parent or legal guardian of an 
     alien described in clause (i) and the alien described in 
     clause (i) is a minor;

[[Page S2747]]

       ``(iii) the alien is needed in the United States in order 
     to donate an organ or other tissue for transplant and there 
     is insufficient time for the alien to be admitted through the 
     normal visa process;
       ``(iv) the alien has a close family member in the United 
     States whose death is imminent and the alien could not arrive 
     in the United States in time to see such family member alive 
     if the alien were to be admitted through the normal visa 
     process;
       ``(v) the alien is seeking to attend the funeral of a close 
     family member and the alien could not arrive in the United 
     States in time to attend such funeral if the alien were to be 
     admitted through the normal visa process;
       ``(vi) the alien is an adopted child with an urgent medical 
     condition who is in the legal custody of the petitioner for a 
     final adoption-related visa and whose medical treatment is 
     required before the expected award of a final adoption-
     related visa; or
       ``(vii) the alien is a lawful applicant for adjustment of 
     status under section 245 and is returning to the United 
     States after temporary travel abroad.
       ``(E) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), a significant public 
     benefit may be determined to result from the parole of an 
     alien only if--
       ``(i) the alien has assisted (or will assist, whether 
     knowingly or not) the United States Government in a law 
     enforcement matter;
       ``(ii) the alien's presence is required by the Government 
     in furtherance of such law enforcement matter; and
       ``(iii) the alien is inadmissible, does not satisfy the 
     eligibility requirements for admission as a nonimmigrant, or 
     there is insufficient time for the alien to be admitted 
     through the normal visa process.
       ``(F) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), the term `case-by-case 
     basis' means that the facts in each individual case are 
     considered and parole is not granted based on membership in a 
     defined class of aliens to be granted parole. The fact that 
     aliens are considered for or granted parole one-by-one and 
     not as a group is not sufficient to establish that the parole 
     decision is made on a `case-by-case basis'.
       ``(G) The Secretary of Homeland Security may not use the 
     parole authority under this paragraph to parole an alien into 
     the United States for any reason or purpose other than those 
     described in subparagraphs (B), (C), (D), and (E).
       ``(H) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (B) or (C) is authorized to accept employment for the 
     duration of the parole, as evidenced by an employment 
     authorization document issued by the Secretary of Homeland 
     Security.
       ``(I) Parole granted after a departure from the United 
     States shall not be regarded as an admission of the alien. An 
     alien granted parole, whether as an initial grant of parole 
     or parole upon reentry into the United States, is not 
     eligible to adjust status to lawful permanent residence or 
     for any other immigration benefit if the immigration status 
     the alien had at the time of departure did not authorize the 
     alien to adjust status or to be eligible for such benefit.
       ``(J)(i) Except as provided in clauses (ii) and (iii), 
     parole shall be granted to an alien under this paragraph for 
     the shorter of--
       ``(I) a period of sufficient length to accomplish the 
     activity described in subparagraph (D) or (E) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(ii) Grants of parole pursuant to subparagraph (A) may be 
     extended once, in the discretion of the Secretary, for an 
     additional period that is the shorter of--
       ``(I) the period that is necessary to accomplish the 
     activity described in subparagraph (D) or (E) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(iii) Aliens who have a pending application to adjust 
     status to permanent residence under section 245 may request 
     extensions of parole under this paragraph, in 1-year 
     increments, until the application for adjustment has been 
     adjudicated. Such parole shall terminate immediately upon the 
     denial of such adjustment application.
       ``(K) Not later than 90 days after the last day of each 
     fiscal year, the Secretary of Homeland Security shall submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     and make available to the public, a report--
       ``(i) identifying the total number of aliens paroled into 
     the United States under this paragraph during the previous 
     fiscal year; and
       ``(ii) containing information and data regarding all aliens 
     paroled during such fiscal year, including--
       ``(I) the duration of parole;
       ``(II) the type of parole; and
       ``(III) the current status of the aliens so paroled.''.
       (b) Implementation.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall take 
     effect on the date that is 30 days after the date of the 
     enactment of this Act.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) any application for parole or advance parole filed by 
     an alien before the date of the enactment of this Act shall 
     be adjudicated under the law that was in effect on the date 
     on which the application was properly filed and any approved 
     advance parole shall remain valid under the law that was in 
     effect on the date on which the advance parole was approved;
       (B) section 212(d)(5)(I) of the Immigration and Nationality 
     Act, as added by subsection (a), shall take effect on the 
     date of the enactment of this Act; and
       (C) aliens who were paroled into the United States pursuant 
     to section 212(d)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall 
     continue to be subject to the terms of parole that were in 
     effect on the date on which their respective parole was 
     approved.
       (c) Cause of Action.--Any person, State, or local 
     government that experiences financial harm in excess of 
     $1,000 due to a failure of the Federal Government to lawfully 
     apply the provisions of this section or the amendments made 
     by this section shall have standing to bring a civil action 
     against the Federal Government in an appropriate district 
     court of the United States.

     SEC. 1099. SEVERABILITY.

       If any provision of this subtitle, or the application of 
     such provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this subtitle, and the 
     application of the remaining provisions of this subtitle to 
     any person or circumstance, shall not be affected.
                                 ______
                                 
  SA 652. Mr. COTTON 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 XII, add the following:

     SEC. 1213. DESIGNATION OF THE KINGDOM OF SAUDI ARABIA AS A 
                   MAJOR NON-NATO ALLY.

       (a) Findings.--Congress makes the following findings:
       (1) Major non-NATO ally (MNNA) status is a designation 
     given by the United States Government to close allies that 
     have strategic working relationships with the United States 
     Armed Forces but are not members of the North Atlantic Treaty 
     Organization (NATO).
       (2) Major non-NATO ally status is a designation under 
     United States law that provides foreign partners with certain 
     benefits in the areas of defense trade and security 
     cooperation.
       (3) The major non-NATO ally designation is a powerful 
     symbol of the close relationship the United States shares 
     with those countries and demonstrates our deep respect for 
     the friendship for the countries to which it is extended.
       (4) Major non-NATO ally status provides military and 
     economic privileges, but does not entail any security 
     commitments to the designated country.
       (5) Privileges resulting from major non-NATO ally 
     designation under section 517 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321k) include--
       (A) eligibility for loans of material, supplies, or 
     equipment for cooperative research, development, testing, or 
     evaluation purposes;
       (B) eligibility as a location for United States-owned War 
     Reserve Stockpiles to be placed on the territory of the ally 
     outside of United States military facilities;
       (C) the ability to enter into agreements with the United 
     States for the cooperative furnishing of training on a 
     bilateral or multilateral basis, if the financial 
     arrangements are reciprocal and provide for reimbursement of 
     all United States direct costs;
       (D) eligibility, to the maximum extent feasible, for 
     priority delivery of excess defense articles transferred 
     under section 516 of the Foreign Assistance Act (22 U.S.C. 
     2321j), if located on the southern or south-eastern flank of 
     NATO; and
       (E) eligibility for consideration to purchase depleted 
     uranium ammunition.
       (6) Privileges resulting from major non-NATO ally 
     designation under section 2350a of title 10, United States 
     Code, include--
       (A) eligibility to enter into a memorandum of understanding 
     or other formal agreement with the United States Department 
     of Defense for the purpose of conducting cooperative research 
     and development projects on defense equipment and munitions;
       (B) the ability for firms of a major non-NATO ally, as with 
     NATO countries, to bid on contracts for maintenance, repair, 
     or overhaul of United States Department of Defense equipment 
     outside the United States; and
       (C) eligibility for funding to procure explosives detection 
     devices and other counter-terrorism research and development 
     projects under the auspices of the Department of State's 
     Technical Support Working Group.
       (7) The 18 countries that are currently designated as major 
     non-NATO allies under section 2321k of title 22, United 
     States Code, and section 2350a of title 10, United States 
     Code, are--
       (A) Argentina;
       (B) Australia;
       (C) Bahrain;
       (D) Brazil;

[[Page S2748]]

       (E) Colombia;
       (F) Egypt;
       (G) Israel;
       (H) Japan;
       (I) Jordan;
       (J) Kuwait;.
       (K) Morocco;
       (L) New Zealand;
       (M) Pakistan;
       (N) the Philippines;
       (O) Qatar;
       (P) South Korea;
       (Q) Thailand; and
       (R) Tunisia.
       (8) In addition, section 1206 of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
     U.S.C. 2321k note) provides that Taiwan shall be treated as a 
     major non-NATO ally, without formal designation as such.
       (b) Sense of Congress.--Congress--
       (1) reaffirms the importance of the United States-Kingdom 
     of Saudi Arabia alliance;
       (2) recognizes that one of the United States' most 
     important priorities and challenges in Saudi Arabia is to 
     help the kingdom provide for its own security; and
       (3) supports the designation of the Kingdom of Saudi Arabia 
     as a major non-NATO ally.
                                 ______
                                 
  SA 653. Mr. COTTON 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 XII, add the following:

     SEC. 1213. DESIGNATION OF THE KINGDOM OF SAUDI ARABIA AS A 
                   MAJOR NON-NATO ALLY.

       Section 517 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k) is amended by adding at the end the following 
     new subsection:
       ``(c) Additional Designation.--
       ``(1) In general.--Effective on the date of the enactment 
     of the Saudi Arabia Security Partnership Act of 2023, the 
     Kingdom of Saudi Arabia is designated as a major non-NATO 
     ally for purposes of this Act, the Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), and section 2350a of title 10, 
     United States Code.
       ``(2) Notice of termination of designation.--The President 
     shall notify Congress in accordance with subsection (a)(2) 
     before terminating the designation specified in paragraph 
     (1).''.
                                 ______
                                 
  SA 654. Mrs. SHAHEEN 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--GLOBAL RESPECT ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Global Respect Act of 
     2023''.

     SEC. 6002. FINDINGS.

       Congress makes the following findings:
       (1) The dignity, freedom, and equality of all human beings 
     are fundamental to a thriving global community.
       (2) An alarming trend of violence directed at lesbian, gay, 
     bisexual, transgender, and intersex (commonly referred to as 
     ``LGBTI'') individuals around the world continues.
       (3) Approximately \1/3\ of all countries have laws 
     criminalizing consensual same-sex relations, and many have 
     enacted policies or laws that would further target LGBTI 
     individuals.
       (4) Every year, thousands of individuals around the world 
     are targeted for harassment, attack, arrest, and murder on 
     the basis of their sexual orientation or gender identity.
       (5) Those who commit crimes against LGBTI individuals often 
     do so with impunity, and are not held accountable for their 
     crimes.
       (6) In many instances, police, prison, military, and 
     civilian government authorities have been directly complicit 
     in abuses aimed at LGBTI citizens, including arbitrary 
     arrest, torture, and sexual abuse.
       (7) Laws criminalizing consensual same-sex relations 
     severely hinder access to HIV/AIDS treatment, information, 
     and preventive measures for LGBTI individuals and families.
       (8) Many countries are making positive developments in the 
     protection of the basic human rights of LGBTI individuals.

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Admission; admitted.--The terms ``admission'' and 
     ``admitted'' have the meanings given those terms in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).
       (2) 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.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is a citizen or national of a foreign 
     country (including any such individual who is also a citizen 
     or national of the United States), including leaders or 
     officials of governmental entities of a foreign country; or
       (B) any entity not organized solely under the laws of the 
     United States or existing solely in the United States, 
     including governmental entities of a foreign country.

     SEC. 6004. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR 
                   VIOLATIONS OF HUMAN RIGHTS OF LGBTI 
                   INDIVIDUALS.

       (a) List Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a list of each foreign person that the President 
     determines, based on credible information, on or after such 
     date of enactment--
       (A) engages in, is responsible for, or is complicit in, 
     conduct described in paragraph (2);
       (B) acts as an agent of or on behalf of a foreign person in 
     a matter relating to conduct described in paragraph (2); or
       (C) is responsible for, or complicit in, inciting a foreign 
     person to engage in conduct described in paragraph (2).
       (2) Conduct described.--Conduct described in this paragraph 
     is any of the following, conducted with respect to an 
     individual based on the actual or perceived sexual 
     orientation, gender identity, or sex characteristics of the 
     individual:
       (A) Torture or cruel, inhuman, or degrading treatment or 
     punishment of the individual.
       (B) Prolonged detention of the individual without charges 
     or trial.
       (C) Causing the disappearance of the individual by the 
     abduction and clandestine detention of the individual.
       (3) Credible information.--For purposes of paragraph (1), 
     credible information includes information obtained by other 
     countries or nongovernmental organizations that monitor 
     violations of human rights.
       (b) Updates.--The President shall submit to the appropriate 
     congressional committees an update of the list required by 
     subsection (a) as new information becomes available.
       (c) Removal.--A person may be removed from the list 
     required by subsection (a) if the President determines and 
     reports to the appropriate congressional committees not later 
     than 15 days before the removal of the person from the list 
     that--
       (1) credible information exists that the person did not 
     engage in the activity for which the person was added to the 
     list;
       (2) the person has been prosecuted appropriately for the 
     activity; or
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activity, and has credibly committed to not engage in an 
     activity described in subsection (a) in the future.
       (d) Form.--
       (1) In general.--The list required by subsection (a)--
       (A) shall, notwithstanding the requirements of section 
     222(f) of the Immigration and Nationality Act (8 U.S.C. 
     1202(f)) with respect to confidentiality of records 
     pertaining to the issuance or refusal of visas or permits to 
     enter the United States, be submitted in unclassified form 
     and be published in the Federal Register; and
       (B) may include a classified annex only as provided in 
     paragraph (2).
       (2) Use of classified annex.--The President may include a 
     person on the list required by subsection (a) in a classified 
     annex to the list if the President--
       (A) determines that--
       (i) it is vital for the national security interests of the 
     United States to do so; and
       (ii) the use of the annex, and the inclusion of the person 
     in the annex, would not undermine the overall purpose of this 
     section to publicly identify foreign persons engaging in 
     activities described in subsection (a) in order to increase 
     accountability for such conduct; and
       (B) not later than 15 days before including the person in 
     the annex, submits to the appropriate congressional 
     committees notice of, and a justification for, including or 
     continuing to include the person in the classified annex 
     despite the existence of any publicly available credible 
     information indicating that the person engaged in an activity 
     described in subsection (a).
       (e) Public Submission of Information.--The President shall 
     issue public guidance, including through United States 
     diplomatic and consular posts, setting forth the manner by 
     which the names of foreign persons that may meet the criteria 
     to be included on the list required by subsection (a) may be 
     submitted to the Secretary of State for evaluation.
       (f) Requests From Appropriate Congressional Committees.--
       (1) Consideration of information.--The President shall 
     consider information provided by the chairperson or ranking 
     member of any of the appropriate congressional committees in 
     determining whether to include a foreign person on the list 
     required by subsection (a).

[[Page S2749]]

       (2) Requests.--Not later than 120 days after receiving a 
     written request from the chairperson or ranking member of one 
     of the appropriate congressional committees with respect to 
     whether a foreign person meets the criteria for being added 
     to the list required by subsection (a), the President shall 
     submit a response to the chairperson or ranking member, as 
     the case may be, with respect to the determination of the 
     President with respect to the person.
       (3) Removal.--If the President removes from the list 
     required by subsection (a) a person that had been placed on 
     the list pursuant to a request the chairperson or ranking 
     member of one of the appropriate congressional committees 
     under paragraph (2), the President shall provide to the 
     chairperson or ranking member any information that 
     contributed to the decision to remove the person from the 
     list.
       (4) Form.--The President may submit a response required by 
     paragraph (2) or (3) in classified form if the President 
     determines that it is necessary for the national security 
     interests of the United States to do so.

     SEC. 6005. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR 
                   VIOLATIONS OF HUMAN RIGHTS OF LGBTI 
                   INDIVIDUALS.

       (a) Ineligibility for Visas and Admission to the United 
     States.--An individual who is a foreign person on the list 
     required by section 6004(a) is ineligible to receive a visa 
     to enter the United States and ineligible to be admitted to 
     the United States.
       (b) Current Visas Revoked and Removal From United States.--
       (1) In general.--The Secretary of State shall revoke, in 
     accordance with section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)), the visa or other 
     documentation of an individual on the list required by 
     section 6004(a), and the Secretary of Homeland Security shall 
     remove any such individual from the United States.
       (2) Regulations required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of State 
     and the Secretary of Homeland Security shall prescribe such 
     regulations as are necessary to carry out this subsection.
       (c) Waivers.--The President may waive the application of 
     subsection (a) or (b) with respect to a foreign person if the 
     President--
       (1) determines that such a waiver--
       (A) 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, the Convention on Consular Relations, done 
     at Vienna April 24, 1963, and entered into force March 19, 
     1967, or other applicable international obligations of the 
     United States; or
       (B) is in the national security interests of the United 
     States; and
       (2) not less than 15 days before the granting of the 
     waiver, submits to the appropriate congressional committees a 
     notice of and justification for the waiver.

     SEC. 6006. SENSE OF CONGRESS WITH RESPECT TO ADDITIONAL 
                   SANCTIONS.

       It is the sense of Congress that the President should use 
     existing authorities to impose targeted sanctions (in 
     addition to section 6005) with respect to foreign persons on 
     the list required by section 6004(a) to push for 
     accountability for acts described in section 6004(a).

     SEC. 6007. REPORT TO CONGRESS.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on--
       (1) the actions taken to carry out this division, 
     including--
       (A) the number of foreign persons added to or removed from 
     the list required by section 6004(a) during the year 
     preceding the report, the dates on which those persons were 
     added or removed, and the reasons for adding or removing 
     those persons; and
       (B) in each report after the first such report, an analysis 
     that compares increases or decreases in the number of persons 
     added to or removed from the list year-over-year and the 
     reasons for such increases or decreases; and
       (2) any efforts by the President to coordinate with the 
     governments of other countries, as appropriate, to impose 
     sanctions that are similar to the sanctions imposed under 
     this division.

     SEC. 6008. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR 
                   GENDER IDENTITY.

       (a) Tracking Violence or Criminalization Related to Sexual 
     Orientation or Gender Identity.--The Assistant Secretary of 
     State for Democracy, Human Rights, and Labor shall designate 
     a Bureau-based senior officer or officers who shall be 
     responsible for tracking violence, and criminalization 
     related to actual or perceived sexual orientation or gender 
     identity.
       (b) Annual Country Reports on Human Rights Practices.--The 
     Foreign Assistance Act of 1961 is amended--
       (1) in section 116(d) (22 U.S.C. 2151n(d))--
       (A) in paragraph (11)(C), by striking ``and'' at the end;
       (B) in paragraph (12)--
       (i) in subparagraph (B), by striking ``and'' at the end; 
     and
       (ii) in subparagraph (C)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(13) wherever applicable, government violence or 
     criminalization that is based on actual or perceived sexual 
     orientation or gender identity.''; and
       (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting 
     after the ninth sentence the following: ``Wherever 
     applicable, each report under this section shall also include 
     information regarding government violence or criminalization 
     that is based on actual or perceived sexual orientation, 
     gender identity, or sex characteristics.''.
                                 ______
                                 
  SA 655. Mr. CORNYN 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. STUDY ON IMPACT ON MEMBERS OF THE ARMED FORCES AND 
                   DEPENDENTS OF CONSTRUCTION PROJECTS THAT AFFECT 
                   QUALITY OF LIFE.

       (a) In General.--The Secretary of Defense shall conduct a 
     study, through the use of an independent and objective 
     organization outside the Department of Defense, on the 
     correlation between military construction projects and 
     facilities sustainment, restoration, and modernization 
     projects at installations of the Department of Defense that 
     affect the quality of life of members of the Armed Forces and 
     their dependents and the following:
       (1) Retention of members of the Armed Forces on active 
     duty.
       (2) Physical health of members of the Armed Forces, 
     including an identification of whether the age, condition, 
     and deferred maintenance of a dormitory or barracks is in any 
     way related to the frequency of sexual assaults and other 
     crimes at installations of the Department.
       (3) Mental health of members of the Armed Forces.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the study conducted under subsection (a).
                                 ______
                                 
  SA 656. Mr. LEE (for himself, Ms. Hirono, Mr. Thune, and Mrs. 
Blackburn) 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 657. 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 end of subtitle G of title X, add the following:

     SEC. 1083. REPORT ON ALIEN ESSENTIAL SCIENTISTS AND TECHNICAL 
                   EXPERTS NECESSARY FOR THE DEFENSE INDUSTRIAL 
                   BASE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the alien (as 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a))) essential scientists and technical 
     experts currently advancing the research, development, 
     testing, manufacturing, or evaluation of critical 
     technologies, or otherwise serving national security 
     functions for the defense industrial base.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:

[[Page S2750]]

       (1) A detailed assessment of aliens currently living in the 
     United States whose professional contributions are essential 
     to advancing the research, development, testing, 
     manufacturing, or evaluation of critical technologies, or 
     otherwise serving national security interests, which shall 
     include a consideration of the following categories of 
     aliens:
       (A) Aliens who are employed by a United States employer and 
     engaged in work to promote and protect the national security 
     innovation base.
       (B) Aliens who are engaged in basic or applied research, 
     funded by the Department of Defense, through a United States 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)).
       (C) Aliens who possess scientific or technical expertise 
     that will advance the development of critical technologies 
     identified in the National Defense Strategy or the National 
     Defense Science and Technology Strategy, required by section 
     218 of the John S. McCain National Defense Authorization Act 
     for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679).
       (2) An assessment of science, technology, engineering, and 
     mathematics (STEM) occupations relevant to national security 
     in which the Secretary of Defense anticipates workforce 
     shortages, including and identification of--
       (A) the Occupational Employment and Wage Statistics 
     occupation profiles relevant to national security for which 
     the Secretary of Defense and the Secretary of Labor 
     anticipate workforce shortages; and
       (B) current barriers that limit the ability of aliens with 
     relevant expertise to fill such occupations.
       (3) Recommendations for improving the strategies and 
     initiatives of the Department of Defense for recruiting and 
     retaining skilled alien labor in STEM fields critical to the 
     Department's research, development, testing, evaluation, and 
     acquisition of capabilities to support the national defense, 
     including--
       (A) the Department's use of visas for nonimmigrants 
     described in subparagraph (H)(i)(b)(ii) of section 101(a)(15) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)), including information about the particular 
     cooperative research and development projects and co-
     production projects for which Department project managers 
     have submitted verification letters in connection with such 
     visas;
       (B) the Department's use of immigrant visas and 
     nonimmigrant visas other than the visas described in 
     subparagraph (A), and naturalization, to supplement the 
     national security innovation base;
       (C) an assessment of other existing mechanisms through 
     which the Department could supplement the national security 
     innovation base, including immigrant and nonimmigrant visas 
     not described in subparagraphs (A) and (B); and
       (D) proposed mechanisms to facilitate additional programs 
     to attract talent.
       (4) An assessment of the role of international talent in 
     the national security industrial and innovation base.
       (5) An identification of--
       (A) current gaps or shortfalls in the workforce of 
     scientists and technical experts currently advancing the 
     research, development, testing, manufacturing, or evaluation 
     of critical technologies, or otherwise serving national 
     security functions for the defense industrial base; and
       (B) mechanisms the Department of Defense may consider to 
     address such gaps or shortfalls.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form and may include an unclassified 
     annex.
                                 ______
                                 
  SA 658. Mr. HICKENLOOPER (for himself, Ms. Sinema, Ms. Lummis, Mrs. 
Feinstein, and Mr. Wicker) 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--Orbital Sustainability Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Orbital Sustainability 
     Act of 2023'' or the ``ORBITS Act of 2023''.

     SEC. 1092. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The safety and sustainability of operations in low-
     Earth orbit and nearby orbits in outer space have become 
     increasingly endangered by a growing amount of orbital 
     debris.
       (2) Exploration and scientific research missions and 
     commercial space services of critical importance to the 
     United States rely on continued and secure access to outer 
     space.
       (3) Efforts by nongovernmental space entities to apply 
     lessons learned through standards and best practices will 
     benefit from government support for implementation both 
     domestically and internationally.
       (b) Sense of Congress.--It is the sense of Congress that to 
     preserve the sustainability of operations in space, the 
     United States Government should--
       (1) to the extent practicable, develop and carry out 
     programs, establish or update regulations, and commence 
     initiatives to minimize orbital debris, including initiatives 
     to demonstrate active debris remediation of orbital debris 
     generated by the United States Government or other entities 
     under the jurisdiction of the United States;
       (2) lead international efforts to encourage other 
     spacefaring countries to mitigate and remediate orbital 
     debris under their jurisdiction and control; and
       (3) encourage space system operators to continue 
     implementing best practices for space safety when deploying 
     satellites and constellations of satellites, such as 
     transparent data sharing and designing for system 
     reliability, so as to limit the generation of future orbital 
     debris.

     SEC. 1093. DEFINITIONS.

       In this subtitle:
       (1) Active debris remediation.--The term ``active debris 
     remediation''--
       (A) means the deliberate process of facilitating the de-
     orbit, repurposing, or other disposal of orbital debris, 
     which may include moving orbital debris to a safe position, 
     using an object or technique that is external or internal to 
     the orbital debris; and
       (B) does not include de-orbit, repurposing, or other 
     disposal of orbital debris by passive means.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Science, Space, and Technology, and the Committee on Armed 
     Services of the House of Representatives.
       (4) Demonstration project.--The term ``demonstration 
     project'' means the active orbital debris remediation 
     demonstration project carried out under section 1094(b).
       (5) Eligible entity.--The term ``eligible entity'' means--
       (A) a United States-based--
       (i) non-Federal, commercial entity;
       (ii) institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); or
       (iii) nonprofit organization;
       (B) any other United States-based entity the Administrator 
     considers appropriate; and
       (C) a partnership of entities described in subparagraphs 
     (A) and (B).
       (6) Orbital debris.--The term ``orbital debris'' means any 
     human-made space object orbiting Earth that--
       (A) no longer serves an intended purpose; and
       (B)(i) has reached the end of its mission; or
       (ii) is incapable of safe maneuver or operation.
       (7) Project .--The term ``project'' means a specific 
     investment with defined requirements, a life-cycle cost, a 
     period of duration with a beginning and an end, and a 
     management structure that may interface with other projects, 
     agencies, and international partners to yield new or revised 
     technologies addressing strategic goals.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (9) Space traffic coordination.--The term ``space traffic 
     coordination'' means the planning, coordination, and on-orbit 
     synchronization of activities to enhance the safety and 
     sustainability of operations in the space environment.

     SEC. 1094. ACTIVE DEBRIS REMEDIATION.

       (a) Prioritization of Orbital Debris.--
       (1) List.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, the Secretary of Defense, the Secretary of 
     State, the National Space Council, and representatives of the 
     commercial space industry, academia, and nonprofit 
     organizations, shall publish a list of select identified 
     orbital debris that may be remediated to improve the safety 
     and sustainability of orbiting satellites and on-orbit 
     activities.
       (2) Contents.--The list required under paragraph (1)--
       (A) shall be developed using appropriate sources of data 
     and information derived from governmental and nongovernmental 
     sources, including space situational awareness data obtained 
     by the Office of Space Commerce, to the extent practicable;
       (B) shall include, to the extent practicable--
       (i) a description of the approximate age, location in 
     orbit, size, mass, tumbling state, post-mission passivation 
     actions taken, and national jurisdiction of each orbital 
     debris identified; and
       (ii) data required to inform decisions regarding potential 
     risk and feasibility of safe remediation;
       (C) may include orbital debris that poses a significant 
     risk to terrestrial people and assets, including risk 
     resulting from potential environmental impacts from the 
     uncontrolled reentry of the orbital debris identified; and
       (D) may include collections of small debris that, as of the 
     date of the enactment of this Act, are untracked.
       (3) Public availability; periodic updates.--

[[Page S2751]]

       (A) In general.--Subject to subparagraph (B), the list 
     required under paragraph (1) shall be published in 
     unclassified form on a publicly accessible internet website 
     of the Department of Commerce.
       (B) Exclusion.--The Secretary may not include on the list 
     published under subparagraph (A) data acquired from nonpublic 
     sources.
       (C) Periodic updates.--Such list shall be updated 
     periodically.
       (4) Acquisition, access, use, and handling of data or 
     information.--In carrying out the activities under this 
     subsection, the Secretary--
       (A) shall acquire, access, use, and handle data or 
     information in a manner consistent with applicable provisions 
     of law and policy, including laws and policies providing for 
     the protection of privacy and civil liberties, and subject to 
     any restrictions required by the source of the information;
       (B) shall have access, upon written request, to all 
     information, data, or reports of any executive agency that 
     the Secretary determines necessary to carry out the 
     activities under this subsection, provided that such access 
     is--
       (i) conducted in a manner consistent with applicable 
     provisions of law and policy of the originating agency, 
     including laws and policies providing for the protection of 
     privacy and civil liberties; and
       (ii) consistent with due regard for the protection from 
     unauthorized disclosure of classified information relating to 
     sensitive intelligence sources and methods or other 
     exceptionally sensitive matters; and
       (C) may obtain commercially available information that may 
     not be publicly available.
       (b) Active Orbital Debris Remediation Demonstration 
     Project.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, subject to the availability of 
     appropriations, the Administrator, in consultation with the 
     head of each relevant Federal department or agency, shall 
     establish a demonstration project to make competitive awards 
     for the research, development, and demonstration of 
     technologies leading to the remediation of selected orbital 
     debris identified under subsection (a)(1).
       (2) Purpose.--The purpose of the demonstration project 
     shall be to enable eligible entities to pursue the phased 
     development and demonstration of technologies and processes 
     required for active debris remediation.
       (3) Procedures and criteria.--In establishing the 
     demonstration project, the Administrator shall--
       (A) establish--
       (i) eligibility criteria for participation;
       (ii) a process for soliciting proposals from eligible 
     entities;
       (iii) criteria for the contents of such proposals;
       (iv) project compliance and evaluation metrics; and
       (v) project phases and milestones;
       (B) identify government-furnished data or equipment;
       (C) develop a plan for National Aeronautics and Space 
     Administration participation in technology development, as 
     appropriate, and intellectual property rights; and
       (D) assign a project manager to oversee the demonstration 
     project and carry out project activities under this 
     subsection.
       (4) Research and development phase.--With respect to 
     orbital debris identified under paragraph (1) of subsection 
     (a), the Administrator shall, to the extent practicable and 
     subject to the availability of appropriations, carry out the 
     additional research and development activities necessary to 
     mature technologies, in partnership with eligible entities, 
     with the intent to close commercial capability gaps and 
     enable potential future remediation missions for such orbital 
     debris, with a preference for technologies that are capable 
     of remediating orbital debris that have a broad range of 
     characteristics described in paragraph (2)(B)(i) of that 
     subsection.
       (5) Demonstration mission phase.--
       (A) In general.--The Administrator shall evaluate proposals 
     for a demonstration mission, and select and enter into a 
     partnership with an eligible entity, with the intent to 
     demonstrate technologies determined by the Administrator to 
     meet a level of technology readiness sufficient to carry out 
     on-orbit remediation of select orbital debris.
       (B) Evaluation.--In evaluating proposals for the 
     demonstration project, the Administrator shall--
       (i) consider the safety, feasibility, cost, benefit, and 
     maturity of the proposed technology;
       (ii) consider the potential for the proposed demonstration 
     to successfully remediate orbital debris and to advance the 
     commercial state of the art with respect to active debris 
     remediation;
       (iii) carry out a risk analysis of the proposed technology 
     that takes into consideration the potential casualty risk to 
     humans in space or on the Earth's surface;
       (iv) in an appropriate setting, conduct thorough testing 
     and evaluation of the proposed technology and each component 
     of such technology or system of technologies; and
       (v) consider the technical and financial feasibility of 
     using the proposed technology to conduct multiple remediation 
     missions.
       (C) Consultation.--The Administrator shall consult with the 
     head of each relevant Federal department or agency before 
     carrying out any demonstration mission under this paragraph.
       (D) Active debris remediation demonstration mission.--It is 
     the sense of Congress that the Administrator should consider 
     maximizing competition for, and use best practices to engage 
     commercial entities in, an active debris remediation 
     demonstration mission.
       (6) Briefing and reports.--
       (A) Initial briefing.--Not later than 30 days after the 
     establishment of the demonstration project under paragraph 
     (1), the Administrator shall provide to the appropriate 
     committees of Congress a briefing on the details of the 
     demonstration project.
       (B) Annual report.--Not later than 1 year after the initial 
     briefing under subparagraph (A), and annually thereafter 
     until the conclusion of the 1 or more demonstration missions, 
     the Administrator shall submit to the appropriate committees 
     of Congress a status report on the technology developed under 
     the demonstration project and progress towards accomplishment 
     of one or more demonstration missions.
       (C) Recommendations.--Not later than 1 year after the date 
     on which the first demonstration mission is carried out under 
     this subsection, the Administrator, in consultation with the 
     head of each relevant Federal department or agency, shall 
     submit to Congress a report that provides legislative, 
     regulatory, and policy recommendations to improve active 
     debris remediation missions, as applicable.
       (D) Technical analysis.--
       (i) In general.--To inform decisions regarding the 
     acquisition of active debris remediation services by the 
     Federal Government, not later than 1 year after the date on 
     which an award is made under paragraph (1), the Administrator 
     shall submit to Congress a report that--

       (I) summarizes the cost-effectiveness, and provides a 
     technical analysis of, technologies developed under the 
     demonstration project;
       (II) identifies any technology gaps addressed by the 
     demonstration project and any remaining technology gaps; and
       (III) provides, as applicable, any further legislative, 
     regulatory, and policy recommendations to enable active 
     debris remediation missions.

       (ii) Availability.--The Administration shall make the 
     report submitted under clause (i) available to the Secretary, 
     the Secretary of Defense, and other relevant Federal 
     departments and agencies, as determined by the Administrator.
       (7) International cooperation.--
       (A) In general.--In carrying out the demonstration project, 
     the Administrator, in consultation with the National Space 
     Council and in collaboration with the Secretary of State, may 
     pursue a cooperative relationship with one or more partner 
     countries to enable the remediation of orbital debris that is 
     under the jurisdiction of such partner countries.
       (B) Arrangement or agreement with partner country.--Any 
     arrangement or agreement entered into with a partner country 
     under subparagraph (A) shall be--
       (i) concluded--

       (I) in the interests of the United States Government; and
       (II) without prejudice to any contractual arrangement among 
     commercial parties that may be required to complete the 
     active debris remediation mission concerned; and

       (ii) consistent with the international obligations of the 
     United States under the international legal framework 
     governing outer space activities.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $150,000,000 for the period of fiscal years 2024 
     through 2028.

     SEC. 1095. ACTIVE DEBRIS REMEDIATION SERVICES.

       (a) In General.--To foster the competitive development, 
     operation, improvement, and commercial availability of active 
     debris remediation services, and in consideration of the 
     economic analysis required by subsection (b) and the briefing 
     and reports under section 1094(b)(6), the Administrator and 
     the head of each relevant Federal department or agency may 
     acquire services for the remediation of orbital debris, 
     whenever practicable, through fair and open competition for 
     contracts that are well-defined, milestone-based, and in 
     accordance with the Federal Acquisition Regulation.
       (b) Economic Analysis.--Based on the results of the 
     demonstration project, the Secretary, acting through the 
     Office of Space Commerce, shall publish an assessment of the 
     estimated Federal Government and private sector demand for 
     orbital debris remediation services for the 10-year period 
     beginning in 2025.

     SEC. 1096. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR 
                   UNITED STATES SPACE ACTIVITIES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the National Space Council, in 
     coordination with the Secretary, the Administrator of the 
     Federal Aviation Administration, the Secretary of Defense, 
     the Federal Communications Commission, and the Administrator, 
     shall initiate an update to the Orbital Debris Mitigation 
     Standard Practices that--
       (1) considers planned space systems, including satellite 
     constellations; and
       (2) addresses--
       (A) collision risk;
       (B) explosion risk;
       (C) casualty probability;

[[Page S2752]]

       (D) post-mission disposal of space systems;
       (E) time to disposal or de-orbit;
       (F) spacecraft collision avoidance and automated 
     identification capability; and
       (G) the ability to track orbital debris of decreasing size.
       (b) Consultation.--In developing the update under 
     subsection (a), the National Space Council, or a designee of 
     the National Space Council, shall seek advice and input on 
     commercial standards and best practices from representatives 
     of the commercial space industry, academia, and nonprofit 
     organizations, including through workshops and, as 
     appropriate, advance public notice and comment processes 
     under chapter 5 of title 5, United States Code.
       (c) Publication.--Not later than 1 year after the date of 
     the enactment of this Act, such update shall be published in 
     the Federal Register and posted to the relevant Federal 
     Government internet websites.
       (d) Regulations.--To promote uniformity and avoid 
     duplication in the regulation of space activity, including 
     licensing by the Federal Aviation Administration, the 
     National Oceanic and Atmospheric Administration, and the 
     Federal Communications Commission, such update, after 
     publication, shall be used to inform the further development 
     and promulgation of Federal regulations relating to orbital 
     debris.
       (e) International Promotion.--To encourage effective and 
     nondiscriminatory standards, best practices, rules, and 
     regulations implemented by other countries, such update shall 
     inform bilateral and multilateral discussions focused on the 
     authorization and continuing supervision of nongovernmental 
     space activities.
       (f) Periodic Review.--Not less frequently than every 5 
     years, the Orbital Debris Mitigation Standard Practices 
     referred to in subsection (a) shall be assessed and, if 
     necessary, updated, used, and promulgated in a manner 
     consistent with this section.

     SEC. 1097. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.

       (a) In General.--The Secretary, in coordination with the 
     Secretary of Defense and members of the National Space 
     Council and the Federal Communications Commission, shall 
     facilitate the development of standard practices for on-orbit 
     space traffic coordination based on existing guidelines and 
     best practices used by Government and commercial space 
     industry operators.
       (b) Consultation.--In facilitating the development of 
     standard practices under subsection (a), the Secretary, 
     through the Office of Space Commerce, in consultation with 
     the National Institute of Standards and Technology, shall 
     engage in frequent and routine consultation with 
     representatives of the commercial space industry, academia, 
     and nonprofit organizations.
       (c) Promotion of Standard Practices.--On completion of such 
     standard practices, the Secretary, the Secretary of State, 
     the Secretary of Transportation, the Administrator, and the 
     Secretary of Defense shall promote the adoption and use of 
     the standard practices for domestic and international space 
     missions.
                                 ______
                                 
  SA 659. Mr. CARDIN (for Ms. Hassan (for herself and Mr. Boozman)) 
proposed an amendment to the bill S. 1096, to require the Secretary of 
Veterans Affairs to require the employees of the Department of Veterans 
Affairs to receive training developed by the Inspector General of the 
Department on reporting wrongdoing to, responding to requests from, and 
cooperating with the Office of Inspector General of the Department, and 
for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Veterans 
     Affairs Office of Inspector General Training Act of 2023''.

     SEC. 2. DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE TRAINING 
                   REGARDING OFFICE OF INSPECTOR GENERAL.

       (a) Training.--The Secretary of Veterans Affairs shall 
     require each employee of the Department of Veterans Affairs 
     who begins employment with the Department on or after the 
     date of the enactment of this Act to receive training that 
     the Inspector General of the Department shall develop on the 
     reporting of wrongdoing to, responding to requests from, and 
     the duty of cooperating with the Office of Inspector General 
     of the Department.
       (b) Timing of Training.--In carrying out subsection (a), 
     the Secretary shall require each employee of the Department 
     covered under such subsection to undergo the training 
     required by such subsection not later than one year after the 
     date on which the employee begins employment with the 
     Department.
       (c) Elements.--Training developed and required under 
     subsection (a) shall include the following:
       (1) Definition of the role, responsibilities, and legal 
     authority of the Inspector General of the Department and the 
     duties of employees of the Department for engaging with the 
     Office of Inspector General.
       (2) Identification of Federal whistleblower protection 
     rights, including the right to report fraud, waste, abuse, 
     and other wrongdoing to Congress.
       (3) Identification of the circumstances and mechanisms for 
     reporting fraud, waste, abuse, and other wrongdoing to the 
     Inspector General, including making confidential complaints 
     to the Inspector General.
       (4) Identification of the prohibitions and remedies that 
     help to protect employees of the Department from retaliation 
     when reporting wrongdoing to the Inspector General.
       (5) Recognition of opportunities to engage with staff of 
     the Office of Inspector General to improve programs, 
     operations, and services of the Department.
       (6) Notification of the authority of the Inspector General 
     to subpoena the attendance and testimony of witnesses, 
     including former employees of the Department, as necessary to 
     carry out the duties of the Office of Inspector General under 
     section 312 of title 38, United States Code.
       (d) Design and Update.--The Inspector General of the 
     Department shall design, and update as the Inspector General 
     considers appropriate, the training developed and required by 
     subsection (a).
       (e) System.--The Secretary shall provide, via the talent 
     management system of the Department, or successor system, the 
     training developed and required under subsection (a).
       (f) Relation to Certain Training.--The Secretary shall 
     ensure that training developed and required under subsection 
     (a) is separate and distinct from training provided under 
     section 733 of title 38, United States Code.
       (g) Notice to Employees.--The Secretary shall ensure that 
     the Inspector General is afforded the opportunity, not less 
     frequently than twice each year and more frequently if the 
     Inspector General considers appropriate under extraordinary 
     circumstances, to use the electronic mail system of the 
     Department to notify all authorized users of such system of 
     the following:
       (1) The roles and responsibilities of the employees of the 
     Department when engaging with the Office of Inspector 
     General.
       (2) The availability of training provided under subsection 
     (a).
       (3) How to access training provided under subsection (a).
       (4) Information about how to contact the Office of 
     Inspector General, including a link to any website-based 
     reporting form of the Office.
                                 ______
                                 
  SA 660. Mr. COONS (for himself, Mr. Cornyn, Mr. Whitehouse, Mr. 
Tillis, 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 appropriate place, insert the following:

     SEC. ___. PROTECTING AND ENHANCING PUBLIC ACCESS TO CODES.

       (a) Findings.--Congress finds the following:
       (1) Congress, the executive branch, and State and local 
     governments have long recognized that the people of the 
     United States benefit greatly from the work of private 
     standards development organizations with expertise in highly 
     specialized areas.
       (2) The organizations described in paragraph (1) create 
     technical standards and voluntary consensus standards through 
     a process requiring openness, balance, consensus, and due 
     process to ensure all interested parties have an opportunity 
     to participate in standards development.
       (3) The standards that result from the process described in 
     paragraph (2) are used by private industry, academia, the 
     Federal Government, and State and local governments that 
     incorporate those standards by reference into laws and 
     regulations.
       (4) The standards described in paragraph (3) further 
     innovation, commerce, and public safety, all without cost to 
     governments or taxpayers because standards development 
     organizations fund the process described in paragraph (2) 
     through the sale and licensing of their standards.
       (5) Congress and the executive branch have repeatedly 
     declared that, wherever possible, governments should rely on 
     voluntary consensus standards and have set forth policies and 
     procedures by which those standards are incorporated by 
     reference into laws and regulations and that balance the 
     interests of access with protection for copyright.
       (6) Circular A-119 of the Office of Management and Budget 
     entitled ``Federal Participation in the Development and Use 
     of Voluntary Consensus Standards and in Conformity Assessment 
     Activities'', issued in revised form on January 27, 2016, 
     recognizes the benefits of voluntary consensus standards and 
     incorporation by reference, stating that ``[i]f a standard is 
     used and published in an agency document, your agency must 
     observe and protect the rights of the copyright holder and 
     meet any other similar obligations.''.
       (7) Federal agencies have relied extensively on the 
     incorporation by reference system to leverage the value of 
     technical standards and voluntary consensus standards for the 
     benefit of the public, resulting in more than 23,000 sections 
     in the Code of Federal Regulations that incorporate by 
     reference technical and voluntary consensus standards.
       (8) State and local governments have also recognized that 
     technical standards and voluntary consensus standards are 
     critical to

[[Page S2753]]

     protecting public health and safety, which has resulted in 
     many such governments--
       (A) incorporating those standards by reference into their 
     laws and regulations; or
       (B) entering into license agreements with standards 
     development organizations to use the standards created by 
     those organizations.
       (9) Standards development organizations rely on copyright 
     protection to generate the revenues necessary to fund the 
     voluntary consensus process and to continue creating and 
     updating these important standards.
       (10) The people of the United States have a strong interest 
     in--
       (A) ensuring that standards development organizations 
     continue to utilize a voluntary consensus process--
       (i) in which all interested parties can participate; and
       (ii) that continues to create and update standards in a 
     timely manner to--

       (I) account for technological advances;
       (II) address new threats to public health and safety; and
       (III) improve the usefulness of those standards; and

       (B) the provision of access that allows people to read 
     technical and voluntary consensus standards that are 
     incorporated by reference into laws and regulations.
       (11) As of the date of enactment of this Act, many 
     standards development organizations make their standards 
     available to the public free of charge online in a manner 
     that does not substantially disrupt the ability of those 
     organizations to earn revenue from the industries and 
     professionals that purchase copies and subscription-access to 
     those standards (such as through read-only access), which 
     ensures that the public may read the current, accurate 
     version of such a standard without significantly interfering 
     with the revenue model that has long supported those 
     organizations and their creation of, and investment in, new 
     standards.
       (12) Through this section, and the amendments made by this 
     section, Congress intends to balance the goals of furthering 
     the creation of standards and ensuring public access to 
     standards that are incorporated by reference into law or 
     regulation.
       (b) Works Incorporated by Reference Into Law.--
       (1) In general.--Chapter 1 of title 17, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 123. Works incorporated by reference into law

       ``(a) Definitions.--In this section:
       ``(1) Circular a-119.--The term `Circular A-119' means 
     Circular A-119 of the Office of Management and Budget 
     entitled `Federal Participation in the Development and Use of 
     Voluntary Consensus Standards and in Conformity Assessment 
     Activities', issued in revised form on January 27, 2016.
       ``(2) Incorporated by reference.--
       ``(A) In general.--The term `incorporated by reference' 
     means, with respect to a standard, that the text of a 
     Federal, State, local, or municipal law or regulation--
       ``(i) references all or part of the standard; and
       ``(ii) does not copy the text of that standard directly 
     into that law or regulation.
       ``(B) Application.--The creation or publication of a work 
     that includes both the text of a law or regulation and all or 
     part of a standard that has been incorporated by reference, 
     as described in subparagraph (A), shall not affect the status 
     of the standard as incorporated by reference under that 
     subparagraph.
       ``(3) Standard.--The term `standard' means a standard or 
     code that is--
       ``(A) a technical standard, as that term is defined in 
     section 12(d) of the National Technology Transfer and 
     Advancement Act of 1995 (15 U.S.C. 272 note); or
       ``(B) a voluntary consensus standard, as that term is used 
     for the purposes of Circular A-119.
       ``(4) Standards development organization.--The term 
     `standards development organization' means a holder of a 
     copyright under this title that plans, develops, establishes, 
     or coordinates voluntary consensus standards using procedures 
     that incorporate the attributes of openness, balance of 
     interests, due process, an appeals process, and consensus in 
     a manner consistent with the requirements of Circular A-119.
       ``(5) Publicly accessible online.--
       ``(A) In general.--The term `publicly accessible online', 
     with respect to material, means that the material is 
     displayed for review in a readily accessible manner on a 
     public website.
       ``(B) Rule of construction.--If a user is required to 
     create an account or agree to the terms of service of a 
     website or organization in order to access material online, 
     that requirement shall not be construed to render the 
     material not publicly accessible online for the purposes of 
     subparagraph (A), if there is no monetary cost to the user to 
     access that material.
       ``(b) Standards Incorporated by Reference Into Law or 
     Regulation.--A standard to which copyright protection 
     subsists under section 102(a) at the time of its fixation 
     shall retain such protection, notwithstanding that the 
     standard is incorporated by reference, if the applicable 
     standards development organization, within a reasonable 
     period of time after obtaining actual or constructive notice 
     that the standard has been incorporated by reference, makes 
     all portions of the standard so incorporated publicly 
     accessible online at no monetary cost.
       ``(c) Burden of Proof.--In any proceeding in which a party 
     asserts that a standards development organization has failed 
     to comply with the requirements under subsection (b) for 
     retaining copyright protection with respect to a standard, 
     the burden of proof shall be on the party making that 
     assertion to prove that the standards development 
     organization has failed to comply with those requirements.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 1 of title 17, United States Code, is 
     amended by adding at the end the following:

``123. Works incorporated by reference into law.''.
                                 ______
                                 
  SA 661. Mr. ROUNDS (for himself, Mr. Tester, 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, insert the following:

 DIVISION F--PROTECTING AMERICAN AGRICULTURE FROM FOREIGN ADVERSARIES 
                              ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Protecting American 
     Agriculture from Foreign Adversaries Act of 2023''.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Covered foreign person.--
       (A) In general.--Except as provided by subparagraph (B), 
     the term ``covered foreign person''--
       (i) has the meaning given the term ``a person owned by, 
     controlled by, or subject to the jurisdiction or direction of 
     a foreign adversary'' in section 7.2 of title 15, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to ``foreign 
     adversary'' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       (ii) includes an entity that--

       (I) is registered in or organized under the laws of a 
     covered country;
       (II) has a principal place of business in a covered 
     country; or
       (III) has a subsidiary with a principal place of business 
     in a covered country.

       (B) Exclusions.--The term ``covered person'' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       (2) Covered country.--The term ``covered country'' means 
     any of the following:
       (A) The People's Republic of China.
       (B) The Russian Federation.
       (C) The Islamic Republic of Iran.
       (D) The Democratic People's Republic of Korea.
       (3) FinCEN.--The term ``FinCEN'' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.

            TITLE LXI--IDENTIFICATION OF SHELL CORPORATIONS

     SEC. 6101. MODIFICATION OF FINCEN REPORTING REQUIREMENTS.

       (1) In general.--The Director of FinCEN shall identify each 
     reporting company, as defined in section 5336 of title 31, 
     United States Code, that is owned by a covered foreign 
     person.
       (2) Report.--Not later than two business days after 
     identifying a reporting company under paragraph (1), the 
     Director of FinCEN shall provide to the Committee on Foreign 
     Investment in the United States and the Secretary of 
     Agriculture information on such reporting company.

 TITLE LXII--FOREIGN PURCHASES OF AGRICULTURAL LAND AND AGRIBUSINESSES

     SEC. 6201. INVESTIGATIVE ACTIONS.

       (a) Investigative Actions.--Section 4 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3503) is 
     amended to read as follows:

     ``SEC. 4. INVESTIGATIVE ACTIONS.

       ``(a) In General.--The Secretary shall appoint an employee 
     in the Senior Executive Service (as described in section 3131 
     of title 5, United States Code) of the Department of 
     Agriculture to serve as Chief of Operations of Investigative 
     Actions (referred to in this section as the `Chief of 
     Operations'), who shall hire, appoint, and maintain 
     additional employees to monitor compliance with the 
     provisions of this Act.
       ``(b) Chief of Operations.--The Chief of Operations may 
     serve in such position simultaneously with a concurrent 
     position within the Department of Agriculture.
       ``(c) Security.--The Secretary shall--
       ``(1) provide classified storage, meeting, and other 
     spaces, as necessary, for personnel; and
       ``(2) assist personnel in obtaining security clearances.
       ``(d) Duties.--The Chief of Operations shall--
       ``(1) monitor compliance with this Act;
       ``(2) refer noncompliance with this Act to the Secretary, 
     the Farm Service Agency, and any other appropriate authority;

[[Page S2754]]

       ``(3) conduct investigations, in coordination with the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Department of the Treasury, the National Security 
     Council, and State and local law enforcement agencies, on 
     malign efforts--
       ``(A) to steal agricultural knowledge and technology; and
       ``(B) to disrupt the United States agricultural base;
       ``(4) seek to enter into memoranda of agreement and 
     memoranda of understanding with the Federal agencies 
     described in paragraph (3)--
       ``(A) to ensure compliance with this Act; and
       ``(B) to prevent the malign efforts described in that 
     paragraph;
       ``(5) refer to the Committee on Foreign Investment in the 
     United States transactions that--
       ``(A) raise potential national security concerns; and
       ``(B) result in agricultural land acquisition by a foreign 
     person that is a citizen of, or headquartered in, as 
     applicable, a foreign entity of concern; and
       ``(6) publish annual reports that summarize the information 
     contained in every report received by the Secretary under 
     section 2 during the period covered by the report.
       ``(e) Administration.--The Chief of Operations shall report 
     to--
       ``(1) the Secretary; or
       ``(2) if delegated by the Secretary, to the Administrator 
     of the Farm Service Agency.''.
       (b) Definition of Foreign Entity of Concern.--Section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``For purposes of this Act--'' and inserting ``In this 
     Act:'';
       (2) in each of paragraphs (1) through (6)--
       (A) by striking ``the term'' and inserting ``The term''; 
     and
       (B) by inserting a paragraph heading, the text of which 
     comprises the term defined in that paragraph;
       (3) by redesignating paragraphs (2) through (6) as 
     paragraphs (3), (4), (6), (7), and (8), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) Foreign entity of concern.--The term `foreign entity 
     of concern' has the meaning given the term `covered foreign 
     person' in section 6002 of the Protecting American 
     Agriculture from Foreign Adversaries Act of 2023.''; and
       (5) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) Malign effort.--The term `malign effort' means any 
     hostile effort undertaken by, at the direction of, on behalf 
     of, or with the substantial support of the government of a 
     foreign entity of concern.''.
       (c) Reports.--The Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 11. REPORTS.

       ``(a) Initial Report.--Not later than 180 days after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a report that describes the progress of the 
     Secretary in implementing the amendments made by subsections 
     (a) and (b) of section 6201 of the Protecting American 
     Agriculture from Foreign Adversaries Act of 2023.
       ``(b) Report on Tracking Covered Transactions.--Not later 
     than 180 days after the date of enactment of this section, 
     the Secretary shall submit to Congress a report on the 
     feasibility of--
       ``(1) establishing a mechanism for quantifying the threats 
     posed by foreign entities of concern to United States food 
     security, biosecurity, food safety, environmental protection, 
     and national defense; and
       ``(2) building, and submitting to the Committee on Foreign 
     Investment in the United States for further review, a 
     rigorous discovery and review process to review transactions 
     described in section 721(a)(4)(B)(vi) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)(vi)).
       ``(c) Yearly Report.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter for the 
     following 10 years, the Secretary shall submit to Congress a 
     report on the activities of the Secretary pursuant to this 
     Act during the year covered by the report.''.

     SEC. 6202. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL 
                   LAND IN THE UNITED STATES BY PERSONS ASSOCIATED 
                   WITH CERTAIN FOREIGN GOVERNMENTS.

       (a) Definitions.--In this section:
       (1) Agricultural land.--
       (A) In general.--The term ``agricultural land'' has the 
     meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (B) Inclusion.--The term ``agricultural land'' includes 
     land described in section 9(1) of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) that is 
     used for ranching purposes.
       (2) United states.--The term ``United States'' includes any 
     State, territory, or possession of the United States.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary to prohibit the purchase or lease by covered 
     foreign persons of--
       (1) public agricultural land that is owned by the United 
     States and administered by the head of any Federal department 
     or agency, including the Secretary, the Secretary of the 
     Interior, and the Secretary of Defense; or
       (2) private agricultural land located in the United States.
       (c) Implementation.--The President may 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 subsection (b).
       (d) Penalties.--A person that knowingly violates, attempts 
     to violate, conspires to violate, or causes a violation of 
     subsection (b) 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.
       (e) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prohibit or otherwise affect the purchase or lease 
     of public or private agricultural land described in 
     subsection (b) by any person other than a covered foreign 
     person;
       (2) to prohibit or otherwise affect the use of public or 
     private agricultural land described in subsection (b) that is 
     transferred to or acquired by a person other than a covered 
     foreign person from a covered foreign person; or
       (3) to require a covered foreign person that owns or leases 
     public or private agricultural land described in subsection 
     (b) as of the date of enactment of this Act to sell that 
     land.

     SEC. 6203. TRANSPARENCY IN AGRICULTURAL FOREIGN INVESTMENT 
                   DISCLOSURE.

       (a) In General.--Section 7 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended 
     to read as follows:

     ``SEC. 7. PUBLIC DATA SETS.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), the Secretary shall publish in the 
     internet database established under section 773 of division A 
     of that Act human-readable and machine-readable data sets 
     that--
       ``(1) contain all data that the Secretary possesses 
     relating to reporting under this Act from each report 
     submitted to the Secretary under section 2; and
       ``(2) as soon as practicable, but not later than 30 days, 
     after the date of receipt of any report under section 2, 
     shall be updated with the data from that report.
       ``(b) Included Data.--The data sets established under 
     subsection (a) shall include--
       ``(1) a description of--
       ``(A) the purchase price paid for, or any other 
     consideration given for, each interest in agricultural land 
     for which a report is submitted under section 2; and
       ``(B) updated estimated values of each interest in 
     agricultural land described in subparagraph (A), as that 
     information is made available to the Secretary, based on the 
     most recently assessed value of the agricultural land or 
     another comparable method determined by the Secretary; and
       ``(2) with respect to any agricultural land for which a 
     report is submitted under section 2, updated descriptions of 
     each foreign person who holds an interest in at least 1 
     percent of the agricultural land, as that information is made 
     available to the Secretary, categorized as a majority owner 
     or a minority owner that holds an interest in the 
     agricultural land.''.
       (b) Deadline for Database Establishment.--Section 773 of 
     division A of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), is amended, in the first proviso, by 
     striking ``3 years'' and inserting ``2 years''.
       (c) Definition of Foreign Person.--Section 9(4) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508(4)) (as so redesignated) is amended--
       (1) in subparagraph (C)(ii)(IV), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(E) any person, other than an individual or a government, 
     that issues equity securities that are primarily traded on a 
     foreign securities exchange within--
       ``(i) Iran;
       ``(ii) North Korea;
       ``(iii) the People's Republic of China; or
       ``(iv) the Russian Federation;''.

   TITLE LXIII--COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

     SEC. 6301. CONSIDERATION OF FOOD INSECURITY IN DETERMINATIONS 
                   OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES.

       Section 721(f) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(f)) is amended--
       (1) by redesignating paragraph (11) as paragraph (13);
       (2) by redesignating paragraphs (8) through (10) as 
     paragraphs (9) through (11), respectively;
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) the potential follow-on national security effects of 
     the risks posed by the proposed or pending transaction to 
     United States food security, food safety, biosecurity, 
     environmental protection, or national defense;'';
       (4) in paragraph (11) (as so redesignated), by striking ``; 
     and'' and inserting a semicolon; and
       (5) by inserting after paragraph (11) (as so redesignated) 
     the following new paragraph:

[[Page S2755]]

       ``(12) the potential effects of the proposed or pending 
     transaction on the security of the food and agriculture 
     systems of the United States, including any effects on the 
     availability of, access to, or safety and quality of food; 
     and''.

     SEC. 6302. INCLUSION OF SECRETARY OF AGRICULTURE ON THE 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--Section 721(k)(2) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
       (1) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (2) by inserting after subparagraph (G) the following new 
     subparagraph:
       ``(H) The Secretary of Agriculture (nonvoting, ex 
     officio).''.
       (b) Role of Secretary of Agriculture in CFIUS.--Section 
     721(k) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(k)) is amended by adding at the end the following new 
     paragraph:
       ``(8) Role of secretary of agriculture.--The Secretary of 
     Agriculture shall participate in the review by the Committee 
     of any covered transaction described in clause (vi), (vii), 
     or (viii) of subsection (a)(4)(B).''.

     SEC. 6303. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--Section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(iii) any transaction described in clause (vi) or (vii) 
     of subparagraph (B) proposed or pending on or after the date 
     of the enactment of this clause.'';
       (ii) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any other investment, subject to regulations 
     prescribed under subparagraphs (D) and (E), by a foreign 
     person in any unaffiliated United States business that is 
     engaged in agriculture or biotechnology related to 
     agriculture.
       ``(vii) Subject to subparagraphs (C) and (E), the purchase 
     or lease by, or a concession to, a foreign person of private 
     real estate that is--

       ``(I) located in the United States;
       ``(II) used in agriculture; and
       ``(III) more than 320 acres or valued in excess of 
     $5,000,000.

       ``(viii) Subject to subparagraph (C), the purchase or lease 
     by, or a concession to, a covered person (as that term is 
     defined in subsection (r)(3)) of private or public real 
     estate in the United States if--

       ``(I)(aa) the value of the purchase, lease, or concession--

       ``(AA) exceeds $5,000,000; or
       ``(BB) in combination with the value of other such 
     purchases or leases by, or concessions to, the same entity 
     during the preceding 3 years, exceeds $5,000,000; or

       ``(bb) the real estate--

       ``(AA) exceeds 320 acres; or
       ``(BB) in combination with other private or public real 
     estate in the United States purchased or leased by, or for 
     which a concession is provided to, the same entity during the 
     preceding 3 years, exceeds 320 acres; and

       ``(II) the real estate is primarily used for--

       ``(aa) agriculture, including raising of livestock and 
     forestry;
       ``(bb) extraction of fossil fuels, natural gas, purchases 
     or leases of renewable energy sources; or
       ``(cc) extraction of critical precursor materials for 
     biological technology industries, information technology 
     components, or national defense technologies.'';
       (iii) in subparagraph (C)(i), by striking ``subparagraph 
     (B)(ii)'' and inserting ``clause (ii), (vii), or (viii) of 
     subparagraph (B)'';
       (iv) in subparagraph (D)--

       (I) in clause (i), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)'';
       (II) in clause (iii)(I), by striking ``subparagraph 
     (B)(iii)'' and inserting ``clauses (iii) and (vi) of 
     subparagraph (B)'';
       (III) in clause (iv)(I), by striking ``subparagraph 
     (B)(iii)'' each place it appears and inserting ``clauses 
     (iii) and (vi) of subparagraph (B)''; and
       (IV) in clause (v), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)''; 
     and

       (v) in subparagraph (E), by striking ``clauses (ii) and 
     (iii)'' and inserting ``clauses (ii), (iii), (iv), and 
     (vii)''; and
       (B) by adding at the end the following:
       ``(14) Agriculture.--The term `agriculture' has the meaning 
     given such term in section 3 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203).''; and
       (2) by adding at the end the following:
       ``(r) Prohibition With Respect to Agricultural Companies 
     and Real Estate.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, if the Committee, in conducting a review and 
     investigation under this section, determines that a 
     transaction described in clause (i), (vi), or (vii) of 
     subsection (a)(4)(B) would result in control by a covered 
     foreign person of or investment by a covered foreign person 
     in a United States business engaged in agriculture or private 
     real estate used in agriculture, the President shall prohibit 
     such transaction.
       ``(2) Waiver.--The President may waive, on a case-by-case 
     basis, the requirement to prohibit a transaction under 
     paragraph (1), not less than 30 days after the President 
     determines and reports to the relevant committees of 
     jurisdiction that it is vital to the national security 
     interests of the United States to waive such prohibition.
       ``(3) Defined terms.--In this subsection:
       ``(A) Covered person.--
       ``(i) In general.--Except as provided by clause (ii), the 
     term `covered person'--

       ``(I) has the meaning given the term `a person owned by, 
     controlled by, or subject to the jurisdiction or direction of 
     a foreign adversary' in section 7.2 of title 15, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to `foreign 
     adversary' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       ``(II) includes an entity that--

       ``(aa) is registered in or organized under the laws of a 
     covered country;
       ``(bb) has a principal place of business in a covered 
     country; or
       ``(cc) has a subsidiary with a principal place of business 
     in a covered country.
       ``(ii) Exclusions.--The term `covered person' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       ``(B) Covered country.--The term `covered country' means 
     any of the following:
       ``(i) The People's Republic of China.
       ``(ii) The Russian Federation.
       ``(iii) The Islamic Republic of Iran.
       ``(iv) The Democratic People's Republic of Korea.''.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Agriculture shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the risks that foreign purchases of United 
     States businesses engaged in agriculture (as such term is 
     defined in section 3 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203)) pose to the agricultural sector of the 
     United States.
                                 ______
                                 
  SA 662. 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, insert the following:

     SEC. _____. REPORT ON AI REGULATION IN FINANCIAL SERVICES 
                   INDUSTRY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, each of the Board of Governors of the 
     Federal Reserve System, the Federal Deposit Insurance 
     Corporation, the Office of the Comptroller of the Currency, 
     the National Credit Union Administration, and the Bureau of 
     Consumer Financial Protection shall submit to the Committee 
     on Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report on its gap in knowledge relating to 
     artificial intelligence, including an analysis on--
       (1) which tasks are most frequently being assisted or 
     completed with artificial intelligence in the institutions 
     the agency regulates;
       (2) current governance standards in place for artificial 
     intelligence use at the agency and current standards in place 
     for artificial intelligence oversight by the agency;
       (3) potentially additional regulatory authorities required 
     by the agency to continue to successfully execute its 
     mission;
       (4) where artificial intelligence may lead to overlapping 
     regulatory issues between agencies that require 
     clarification;
       (5) how the agency is currently using artificial 
     intelligence, how the agency plans to use such artificial 
     intelligence the next 3 years, and the expected impact, 
     including fiscal and staffing, of those plans; and
       (6) what resources, monetary or other resources, if any, 
     the agency requires to both adapt to the changes that 
     artificial intelligence will bring to the regulatory 
     landscape and to adequately adopt and oversee the use of 
     artificial intelligence across its operations described in 
     paragraph (5).
       (b) Rule of Construction.--Nothing in this section may be 
     construed to require an agency to include confidential 
     supervisory information or pre-decisional or deliberative 
     non-public information in a report under this section.
                                 ______
                                 
  SA 663. Mr. ROUNDS (for himself and Mr. King) 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

[[Page S2756]]

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. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

       (a) Additional Qualified Persons.--Section 504(b) of title 
     10, United States Code, is amended--
       (1) in paragraph (1), by adding at the end the following 
     new subparagraph:
       ``(D) A Dreamer student.''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In this subsection, the term `Dreamer student' means 
     an individual who--
       ``(A) is not a national of the United States (as defined in 
     section 101(a)(21) of the Immigration and Nationality Act (8 
     U.S.C. 1101(21)));
       ``(B) maintains a residence in the United States (as 
     defined in section 101(a)(33) of such Act (8 U.S.C. 
     1101(33)));
       ``(C)(i) is not authorized to be temporarily in the United 
     States under subparagraph (F), (J), (M), or (Q) of section 
     101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
       ``(ii) does not have an application pending for the purpose 
     of seeking such authorization;
       ``(D)(i) possesses a valid document or documents 
     demonstrating that the individual is in a lawful immigration 
     status in the United States (excluding a nonimmigrant status 
     under subparagraph (F), (J), (M), or (Q) of section 
     101(a)(15) of such Act (8 U.S.C. 1101(a)(15)));
       ``(ii) possesses a valid document or documents 
     demonstrating that the individual is lawfully present in the 
     United States (excluding lawful presence, or a pending 
     application, under any of such subparagraphs);
       ``(iii) possesses an expired document or documents 
     demonstrating that the individual, in the past, was granted--
       ``(I) deferred action pursuant to the Deferred Action for 
     Childhood Arrivals policy announced by the Secretary of 
     Homeland Security on June 15, 2012; or
       ``(II) status as a son or daughter of an alien admitted as 
     a nonimmigrant authorized to engage in employment in the 
     United States (other than a nonimmigrant described in 
     subparagraph (A), (G), (N), or (S) of section 101(a)(15) of 
     such Act (8 U.S.C. 1101(a)(15));
       ``(iv) would have been eligible for deferred action 
     pursuant to the Deferred Action for Childhood Arrivals policy 
     announced by the Secretary of Homeland Security on June 15, 
     2012, if not for the court orders of the United States Court 
     of Appeals for the Fifth Circuit in Texas et al. v. United 
     States of America et al., No. 21-40680 (Oct. 5, 2022) and the 
     United States District Court for the Southern District of 
     Texas in Texas, et al., v. United States of America, et al., 
     1:18-CV-00068, (July 16, 2021), and has never engaged in 
     conduct that would render the individual ineligible for that 
     relief; or
       ``(E) was 18 years of age or younger on the date on which 
     the individual initially entered the United States;
       ``(F) has provided a list of each secondary school that the 
     student attended in the United States; and
       ``(G)(i) has earned a high school diploma, the recognized 
     equivalent of such diploma from a secondary school, or a high 
     school equivalency diploma in the United States or is 
     scheduled to complete the requirements for such a diploma or 
     equivalent before the next academic year begins; or
       ``(ii) has acquired a degree from an institution of higher 
     education or is enrolled in a program for a baccalaureate 
     degree or higher degree at an institution of higher education 
     in the United States.''.
       (b) Admission to Permanent Residence of Enlisted Persons.--
     Such section is further amended by adding at the end the 
     following new subsection:
       ``(c) Admission to Permanent Residence of Certain Enlisted 
     Persons.--(1) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall adjust the status of an 
     individual described in subparagraph (D) of subsection (b)(1) 
     to the status of an alien lawfully admitted for permanent 
     residence if such individual--
       ``(A) has completed 5 years of honorable service, and if 
     separated from such service, was never separated except under 
     honorable conditions; and
       ``(B) is otherwise eligible for adjustment of status under 
     section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255).
       ``(2) For purposes of adjustment of status under this 
     subsection, a person described in paragraph (1)--
       ``(A) shall be considered inspected and admitted to the 
     United States; and
       ``(B) shall not be subject to paragraph (6)(A), (6)(C), 
     (7)(A), or (9) of section 212(a) of such Act (8 U.S.C. 
     1182(a)).
       ``(3) An individual in lawful permanent resident status 
     whose status was so adjusted under this subsection shall not 
     be eligible to submit a petition for an alien relative (other 
     than a spouse, child, or son or daughter).
       ``(4) Nothing in this subsection may be construed to modify 
     the process set forth in sections 328, 329, and 329A of the 
     Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1) 
     by which an individual may naturalize through service in the 
     armed forces.''.
       (c) Clerical Amendments.--
       (1) Section heading.--Such section is further amended by 
     inserting ``: citizenship or residency requirements; 
     exceptions'' after ``qualified''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 31 of title 10, United States Code, is 
     amended by striking the item relating to section 504 and 
     inserting the following new item:

``504. Persons not qualified: citizenship or residency requirements; 
              exceptions.''.
                                 ______
                                 
  SA 664. 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 A of title VII, add the following:

     SEC. 707. INCLUSION IN HEALTH ASSESSMENT FORMS OF DETAILS AND 
                   QUESTIONS RELATING TO COMPREHENSIVE 
                   CONTRACEPTIVE COUNSELING.

       Not later than 90 days after the date of the enactment of 
     this Act, the Director of the Defense Health Agency shall--
       (1) revise the periodic health assessment form of the 
     Department of Defense (Department of Defense Form 3024) to 
     improve access of members of the Armed Forces to 
     comprehensive contraceptive counseling, including by--
       (A) explaining what contraceptive counseling entails; and
       (B) asking a question on the reproductive goals of the 
     member;
       (2) to improve rates of comprehensive contraceptive 
     counseling received by a member of the Armed Forces prior to 
     deployment, revise the pre-deployment health assessment form 
     (Department of Defense Form 2795) to include a robust and 
     informative question on whether the member would like 
     comprehensive contraceptive counseling; and
       (3) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report detailing 
     the revisions made under paragraphs (1) and (2).
                                 ______
                                 
  SA 665. 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 V, insert the following:

     SEC. __. ESTABLISHMENT OF ADDITIONAL SKILL IDENTIFIERS (ASI) 
                   AND SKILL IDENTIFIERS (SI) FOR ARMY MOUNTAIN 
                   WARFARE SCHOOL COURSES.

       (a) Additional Skill Identifiers.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     the Army shall submit to the congressional defense committees 
     a feasibility assessment for assignment of Additional Skill 
     Identifiers (ASIs) for the following courses at the Army 
     Mountain Warfare School (AMWS):
       (1) Advanced Military Mountaineer Course (Summer).
       (2) Advanced Military Mountaineer Course (Winter).
       (3) Rough Terrain Evacuation Course.
       (4) Mountain Planner Course.
       (5) Mountain Rifleman Course.
       (b) Skill Identifiers.--The feasibility assessment required 
     under subsection (a) shall also include Skill Identifiers 
     (SIs) for officers and warrant officers who complete the 
     following courses at the AMWS:
       (1) Basic Military Mountaineer Course.
       (2) Mountain Planner Course.
                                 ______
                                 
  SA 666. Mr. WARNER 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 __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

    DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by 
              law.

[[Page S2757]]

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Plan to recruit, train, and retain personnel with experience 
              in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence 
              community workforce.
Sec. 303. In-State tuition rates for active duty members of the 
              intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence 
              vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment 
              restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security 
              Center.
Sec. 307. Prohibition relating to transport of individuals detained at 
              United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy review of certain foreign visitors and 
              assignees to National Laboratories.
Sec. 309. Congressional oversight of intelligence community risk 
              assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau 
              of Investigation Richmond, Virginia, field office of 
              certain document.
Sec. 311. Office of Intelligence and Analysis.

                Subtitle B--Central Intelligence Agency

Sec. 321. Protection of Central Intelligence Agency facilities and 
              assets from unmanned aircraft.
Sec. 322. Change to penalties and increased availability of mental 
              health treatment for unlawful conduct on Central 
              Intelligence Agency installations.
Sec. 323. Modifications to procurement authorities of the Central 
              Intelligence Agency.
Sec. 324. Establishment of Central Intelligence Agency standard 
              workplace sexual misconduct complaint investigation 
              procedure.
Sec. 325. Pay cap for diversity, equity, and inclusion staff and 
              contract employees of the Central Intelligence Agency.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

Sec. 401. Intelligence community coordinator for accountability of 
              atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of 
              the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by 
              intelligence community working group for monitoring the 
              economic and technological capabilities of the People's 
              Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the 
              United States and the People's Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify 
              and mitigate Chinese Communist Party political influence 
              operations and information warfare against the United 
              States.
Sec. 406. Assessment of threat posed to United States ports by cranes 
              manufactured by countries of concern.

                     Subtitle B--Russian Federation

Sec. 411. Assessment of lessons learned by intelligence community with 
              respect to conflict in Ukraine.
Sec. 412. National intelligence estimate on long-term confrontation 
              with Russia.

                  Subtitle C--Other Foreign Countries

Sec. 421. Report on efforts to capture and detain United States 
              citizens as hostages.
Sec. 422. Sense of Congress on priority of fentanyl in National 
              Intelligence Priorities Framework.

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING 
         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

                      Subtitle A--General Matters

Sec. 501. Office of Global Competition Analysis.
Sec. 502. Assignment of detailees from intelligence community to 
              Department of Commerce.
Sec. 503. Threats posed by information and communications technology 
              and services transactions and other activities.
Sec. 504. Revision of regulations defining sensitive national security 
              property for Committee on Foreign Investment in the 
              United States reviews.
Sec. 505. Support of intelligence community for export controls and 
              other missions of the Department of Commerce.
Sec. 506. Review regarding information collection and analysis with 
              respect to economic competition.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

Sec. 511. Expanded annual assessment of economic and technological 
              capabilities of the People's Republic of China.
Sec. 512. Procurement of public utility contracts.
Sec. 513. Assessment of using civil nuclear energy for intelligence 
              community capabilities.
Sec. 514. Policies established by Director of National Intelligence for 
              artificial intelligence capabilities.
Sec. 515. Strategy for submittal of notice by private persons to 
              Federal agencies regarding certain risks and threats 
              relating to artificial intelligence.

                    TITLE VI--WHISTLEBLOWER MATTERS

Sec. 601. Submittal to Congress of complaints and information by 
              whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as 
              reprisal against whistleblower disclosure by employees 
              and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance 
              and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory 
              revocation of security clearances and access 
              determinations.
Sec. 605. Modification and repeal of reporting requirements.

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  Chapter 1--Short Title; Definitions

Sec. 701. Short title.
Sec. 702. Definitions.

  Chapter 2--Governance and Accountability for Reform of the Security 
                         Classification System

Sec. 711. Executive Agent for Classification and Declassification.
Sec. 712. Executive Committee on Classification and Declassification 
              Programs and Technology.
Sec. 713. Advisory bodies for Executive Agent for Classification and 
              Declassification.
Sec. 714. Information Security Oversight Office.

                 Chapter 3--Reducing Overclassification

Sec. 721. Classification and declassification of information.
Sec. 722. Declassification working capital funds.
Sec. 723. Transparency officers.

      Chapter 4--Preventing Mishandling of Classified Information

Sec. 731. Security review of certain records of the President and Vice 
              President.
Sec. 732. Mandatory counterintelligence risk assessments.
Sec. 733. Minimum standards for Executive agency insider threat 
              programs.

                        Chapter 5--Other Matters

Sec. 741. Prohibitions.
Sec. 742. Conforming amendment.
Sec. 743. Clerical amendment.

            Subtitle B--Sensible Classification Act of 2023

Sec. 751. Short title.
Sec. 752. Definitions.
Sec. 753. Findings and sense of the Senate.
Sec. 754. Classification authority.
Sec. 755. Promoting efficient declassification review.
Sec. 756. Training to promote sensible classification.
Sec. 757. Improvements to Public Interest Declassification Board.
Sec. 758. Implementation of technology for classification and 
              declassification.
Sec. 759. Studies and recommendations on necessity of security 
              clearances.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

Sec. 801. Review of shared information technology services for 
              personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for 
              personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted 
              Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified 
              information solely because of past use of cannabis.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

Sec. 901. Improved funding flexibility for payments made by the Central 
              Intelligence Agency for qualifying injuries to the brain.

[[Page S2758]]

Sec. 902. Clarification of requirements to seek certain benefits 
              relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 
              authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling 
              of anomalous health incidents.

                       TITLE X--ELECTION SECURITY

Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for 
              Elections through Independent Testing Act of 2023.
Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of 
              2023.

                        TITLE XI--OTHER MATTERS

Sec. 1101. Modification of reporting requirement for All-domain Anomaly 
              Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous 
              phenomena.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2024 for the conduct of the intelligence and 
     intelligence-related activities of the Federal Government.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the Federal Government are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2024 the sum of $658,950,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2024 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

     SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2024.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH 
                   EXPERIENCE IN FINANCIAL INTELLIGENCE AND 
                   EMERGING TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of human capital 
     of the Central Intelligence Agency, the National Security 
     Agency, and the Federal Bureau of Investigation, shall submit 
     to the congressional intelligence committees a plan for the 
     intelligence community to recruit, train, and retain 
     personnel who have skills and experience in financial 
     intelligence and emerging technologies in order to improve 
     analytic tradecraft.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following elements:
       (1) An assessment, including measurable benchmarks of 
     progress, of current initiatives of the intelligence 
     community to recruit, train, and retain personnel who have 
     skills and experience in financial intelligence and emerging 
     technologies.
       (2) An assessment of whether personnel in the intelligence 
     community who have such skills are currently well integrated 
     into the analytical cadre of the relevant elements of the 
     intelligence community that produce analyses with respect to 
     financial intelligence and emerging technologies.
       (3) An identification of challenges to hiring or 
     compensation in the intelligence community that limit 
     progress toward rapidly increasing the number of personnel 
     with such skills, and an identification of hiring or other 
     reforms to resolve such challenges.
       (4) A determination of whether the National Intelligence 
     University has the resources and expertise necessary to train 
     existing personnel in financial intelligence and emerging 
     technologies.
       (5) A strategy, including measurable benchmarks of 
     progress, to, by January 1, 2025, increase by 10 percent the 
     analytical cadre of personnel with expertise and previous 
     employment in financial intelligence and emerging 
     technologies.

     SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF 
                   INTELLIGENCE COMMUNITY WORKFORCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in coordination with the Secretary of 
     Defense, develop and implement a policy and performance 
     framework to ensure the timely and effective mobility of 
     employees and contractors of the Federal Government who are 
     transferring employment between elements of the intelligence 
     community.
       (b) Elements.--The policy and performance framework 
     required by subsection (a) shall include processes with 
     respect to the following:
       (1) Human resources.
       (2) Medical reviews.
       (3) Determinations of suitability or eligibility for access 
     to classified information in accordance with Executive Order 
     13467 (50 U.S.C. 3161 note; relating to reforming processes 
     related to suitability for Government employment, fitness for 
     contractor employees, and eligibility for access to 
     classified national security information).

     SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF 
                   THE INTELLIGENCE COMMUNITY.

       (a) In General.--Section 135(d) of the Higher Education Act 
     of 1965 (20 U.S.C. 1015d(d)), as amended by section 
     6206(a)(4) of the Foreign Service Families Act of 2021 
     (Public Law 117-81), is further amended--
       (1) in paragraph (1), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) a member of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) (other than a member of the Armed Forces of the United 
     States) who is on active duty for a period of more than 30 
     days.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect at each public institution of higher 
     education in a State that receives assistance under the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the 
     first period of enrollment at such institution that begins 
     after July 1, 2026.

     SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR 
                   COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS 
                   AND SURVEYS.

       Section 904(d)(7)(A) of the Counterintelligence Enhancement 
     Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as 
     follows:
       ``(A) Counterintelligence vulnerability assessments and 
     surveys.--To develop standards, criteria, and guidance for 
     counterintelligence risk assessments and surveys of the 
     vulnerability of the United States to intelligence threats, 
     including with respect to critical infrastructure and 
     critical technologies, in order to identify the areas, 
     programs, and activities that require protection from such 
     threats.''.

     SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT 
                   RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

       Section 304 of the National Security Act of 1947 (50 U.S.C. 
     3073a) is amended--
       (1) in subsection (c)(1)--
       (A) by striking ``A former'' and inserting the following:
       ``(A) In general.--A former''; and
       (B) by adding at the end the following:
       ``(B) Prior disclosure to director of national 
     intelligence.--
       ``(i) In general.--In the case of a former employee who 
     occupies a covered post-service position in violation of 
     subsection (a), whether the former employee voluntarily 
     notified the Director of National Intelligence of the intent 
     of the former employee to occupy such covered post-service 
     position before occupying such post-service position may be 
     used in determining whether the violation was knowing and 
     willful for purposes of subparagraph (A).
       ``(ii) Procedures and guidance.--The Director of National 
     Intelligence may establish

[[Page S2759]]

     procedures and guidance relating to the submittal of notice 
     for purposes of clause (i).''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``the restrictions under 
     subsection (a) and'' before ``the report requirements'';
       (B) in paragraph (2), by striking ``ceases to occupy'' and 
     inserting ``occupies''; and
       (C) in paragraph (3)(B), by striking ``before the person 
     ceases to occupy a covered intelligence position'' and 
     inserting ``when the person occupies a covered intelligence 
     position''.

     SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND 
                   SECURITY CENTER.

       (a) In General.--Section 904 of the Counterintelligence 
     Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Mission.--The mission of the National 
     Counterintelligence and Security Center shall include 
     organizing and leading strategic planning for 
     counterintelligence activities of the United States 
     Government by integrating instruments of national power as 
     needed to counter foreign intelligence activities.''.
       (b) Conforming Amendments.--
       (1) Counterintelligence enhancement act of 2002.--Section 
     904 of the Counterintelligence Enhancement Act of 2002 (50 
     U.S.C. 3383) is amended--
       (A) in subsection (e), as redesignated by subsection 
     (a)(1), by striking ``Subject to subsection (e)'' both places 
     it appears and inserting ``Subject to subsection (f)''; and
       (B) in subsection (f), as so redesignated--
       (i) in paragraph (1), by striking ``subsection (d)(1)'' and 
     inserting ``subsection (e)(1)''; and
       (ii) in paragraph (2), by striking ``subsection (d)(2)'' 
     and inserting ``subsection (e)(2)''.
       (2) Counterintelligence and security enhancements act of 
     1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence 
     and Security Enhancements Act of 1994 (50 U.S.C. 
     3381(d)(1)(B)(ii)) is amended by striking ``section 904(d)(2) 
     of that Act (50 U.S.C. 3383(d)(2))'' and inserting ``section 
     904(e)(2) of that Act (50 U.S.C. 3383(e)(2))''.

     SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS 
                   DETAINED AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Definition of Individual Detained at Guantanamo.--In 
     this section, the term ``individual detained at Guantanamo'' 
     has the meaning given that term in section 1034(f)(2) of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).
       (b) Prohibition on Chartering Private or Commercial 
     Aircraft to Transport Individuals Detained at United States 
     Naval Station, Guantanamo Bay, Cuba.--No head of an element 
     of the intelligence community may charter any private or 
     commercial aircraft to transport an individual who is or was 
     an individual detained at Guantanamo.

     SEC. 308. DEPARTMENT OF ENERGY REVIEW OF CERTAIN FOREIGN 
                   VISITORS AND ASSIGNEES TO NATIONAL 
                   LABORATORIES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Armed Services and the Committee on 
     Energy and Natural Resources of the Senate; and
       (C) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Intelligence and Counterintelligence of the 
     Department of Energy (or a designee).
       (3) Foreign national.--The term ``foreign national'' has 
     the meaning given the term ``alien'' in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)).
       (4) 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).
       (5) Sensitive country.--The term ``sensitive country'' 
     means a country to which particular consideration is given 
     for policy reasons during the Department of Energy internal 
     review and approval process for visits by, and assignments 
     of, foreign nationals to National Laboratories.
       (6) Sensitive country national.--The term ``sensitive 
     country national'' means a foreign national who was born in, 
     is a citizen of, or is employed by a government, employer, 
     institution, or organization of, a sensitive country.
       (7) Sensitive country visitor or assignee.--
       (A) In general.--The term ``sensitive country visitor or 
     assignee'' means a visitor or assignee who is a sensitive 
     country national.
       (B) Associated definitions.--For purposes of this 
     paragraph:
       (i) Assignee.--The term ``assignee'' means an individual 
     who is seeking approval from, or has been approved by, a 
     National Laboratory to access the premises, information, or 
     technology of the National Laboratory for a period of more 
     than 30 consecutive calendar days.
       (ii) Visitor.--The term ``visitor'' mans an individual who 
     is seeking approval from, or has been approved by, a National 
     Laboratory to access the premises, information, or technology 
     of the National Laboratory for any period other than a period 
     described in clause (i).
       (b) Recommendations With Respect to Sensitive Country 
     Visitors or Assignees.--
       (1) Notification and recommendation requirement.--On 
     determination that a proposed sensitive country visitor or 
     assignee poses a counterintelligence risk to a National 
     Laboratory, the Director shall--
       (A) notify the National Laboratory of the determination; 
     and
       (B) provide a recommendation to the National Laboratory on 
     whether to grant or deny the proposed sensitive country 
     visitor or assignee access to the premises, information, or 
     technology of the National Laboratory.
       (2) Prohibition.--A National Laboratory may not allow a 
     sensitive country visitor or assignee that the Director has 
     identified as a counterintelligence risk under paragraph (1) 
     to have any access to the premises, information, or 
     technology of the National Laboratory until the Director has 
     submitted the notification and recommendation to the National 
     Laboratory as described in paragraph (1).
       (3) Application to other national laboratories.--If the 
     Director makes a recommendation under paragraph (1) that a 
     sensitive country visitor or assignee should not be granted 
     access to the premises, information, or technology of a 
     National Laboratory--
       (A) the Director shall notify each National Laboratory of 
     that recommendation; and
       (B) that recommendation shall apply to each National 
     Laboratory with respect to that sensitive country visitor or 
     assignee.
       (c) Notification to Director.--
       (1) In general.--After receiving a recommendation to deny 
     access under subsection (b)(1)(B), a National Laboratory 
     shall submit to the Director a notification of the decision 
     of the National Laboratory to grant or deny access to the 
     premises, information, or technology of the National 
     Laboratory to the sensitive country visitor or assignee that 
     is the subject of the recommendation.
       (2) Timing.--If a National Laboratory decides to grant 
     access to a sensitive country visitor or assignee despite a 
     recommendation to deny access, the notification under 
     paragraph (1) shall be submitted to the Director before the 
     sensitive country visitor or assignee is granted access to 
     the premises, information, or technology of the National 
     Laboratory.
       (d) Reports to Congress.--
       (1) In general.--The Director shall submit to the 
     appropriate committees of Congress an unclassified quarterly 
     report listing each instance in which a National Laboratory 
     indicates in a notification submitted under subsection (c)(1) 
     that the National Laboratory has decided to grant a sensitive 
     country visitor or assignee access to the premises, 
     information, or technology of the National Laboratory.
       (2) Requirement.--Each quarterly report under paragraph (1) 
     shall include the recommendation of the Director under 
     subsection (b)(1)(B) with respect to the applicable sensitive 
     country visitor or assignee.

     SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY 
                   RISK ASSESSMENTS.

       (a) Risk Assessment Documents and Materials.--Except as 
     provided in subsection (b), whenever an element of the 
     intelligence community conducts a risk assessment arising 
     from the mishandling or improper disclosure of classified 
     information, the Director of National Intelligence shall, not 
     later than 30 days after the date of the commencement of such 
     risk assessment--
       (1) submit to the congressional intelligence committees 
     copies of such documents and materials as are--
       (A) within the jurisdiction of such committees; and
       (B) subject to the risk assessment; and
       (2) provide such committees a briefing on such documents, 
     materials, and risk assessment.
       (b) Exception.--If the Director determines, with respect to 
     a risk assessment described in subsection (a), that the 
     documents and other materials otherwise subject to paragraph 
     (1) of such subsection (a) are of such a volume that 
     submittal pursuant to such paragraph would be impracticable, 
     the Director shall--
       (1) in lieu of submitting copies of such documents and 
     materials, submit a log of such documents and materials; and
       (2) pursuant to a request by the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of Representatives for a copy of 
     a document or material included in such log, submit to such 
     committee such copy.

     SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY 
                   FEDERAL BUREAU OF INVESTIGATION RICHMOND, 
                   VIRGINIA, FIELD OFFICE OF CERTAIN DOCUMENT.

       (a) Review Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice shall conduct a review of the 
     actions and events, including any underlying policy 
     direction, that served as a basis for the January 23, 2023, 
     dissemination by the field office of the Federal Bureau of 
     Investigation located in Richmond, Virginia, of a document 
     titled ``Interest of Racially or Ethnically Motivated Violent 
     Extremists in

[[Page S2760]]

     Radical-Traditionalist Catholic Ideology Almost Certainly 
     Presents New Mitigation Opportunities.''.
       (b) Submittal to Congress.--The Inspector General of the 
     Department of Justice shall submit to the congressional 
     intelligence committees, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives the findings of the Inspector General with 
     respect to the review required by subsection (a).

     SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.

       Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 
     121) is amended by adding at the end the following:
       ``(h) Prohibition.--
       ``(1) Definition.--In this subsection, the term `United 
     States person' means a United States citizen, an alien known 
     by the Office of Intelligence and Analysis to be a permanent 
     resident alien, an unincorporated association substantially 
     composed of United States citizens or permanent resident 
     aliens, or a corporation incorporated in the United States, 
     except for a corporation directed and controlled by 1 or more 
     foreign governments.
       ``(2) Collection of information from united states 
     persons.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Office of Intelligence and Analysis may not engage 
     in the collection of information or intelligence targeting 
     any United States person except as provided in subparagraph 
     (B).
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     employee, officer, or contractor of the Office of 
     Intelligence and Analysis who is responsible for collecting 
     information from individuals working for a State, local, or 
     Tribal territory government or a private employer.''.

                Subtitle B--Central Intelligence Agency

     SEC. 321. PROTECTION OF CENTRAL INTELLIGENCE AGENCY 
                   FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by inserting after section 15 the 
     following new section:

     ``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) Budget.--The term `budget', with respect to a fiscal 
     year, means the budget for that fiscal year that is submitted 
     to Congress by the President under section 1105(a) of title 
     31, United States Code.
       ``(2) Congressional intelligence committees.--The term 
     `congressional intelligence committees' has the meaning given 
     such term in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
       ``(3) Congressional judiciary committees.--The term 
     `congressional judiciary committees' means--
       ``(A) the Committee on the Judiciary of the Senate; and
       ``(B) the Committee on the Judiciary of the House of 
     Representatives.
       ``(4) Congressional transportation and infrastructure 
     committees.--The term `congressional transportation and 
     infrastructure committees' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(5) Covered facility or asset.--The term `covered 
     facility or asset' means the headquarters compound of the 
     Agency and the property controlled and occupied by the 
     Federal Highway Administration located immediately adjacent 
     to such compound (subject to a risk-based assessment as 
     defined for purposes of this section), or any other 
     installation and protected property of the Agency where the 
     facility or asset--
       ``(A) is identified as high risk and a potential target for 
     unlawful unmanned aircraft activity by the Director, in 
     coordination with the Secretary of Transportation, with 
     respect to potentially affected airspace, through a risk-
     based assessment for purposes of this section;
       ``(B) is located in the United States; and
       ``(C) directly relates to one or more functions authorized 
     to be performed by the Agency, pursuant to the National 
     Security Act of 1947 (50 U.S.C. 3001 et seq.) or this Act.
       ``(6) Electronic communication.--The term `electronic 
     communication' has the meaning given such term in section 
     2510 of title 18, United States Code.
       ``(7) Intercept.--The term `intercept' has the meaning 
     given such term in section 2510 of title 18, United States 
     Code.
       ``(8) Radio communication.--The term `radio communication' 
     has the meaning given that term in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153).
       ``(9) Risk-based assessment.--The term `risk-based 
     assessment' includes an evaluation of threat information 
     specific to a covered facility or asset and, with respect to 
     potential effects on the safety and efficiency of the 
     national airspace system and the needs of national security 
     at each covered facility or asset identified by the Director, 
     an evaluation of each of the following factors:
       ``(A) Potential effects on safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems, aviation 
     safety, airport operations, infrastructure, and air 
     navigation services relating to the use of any system or 
     technology for carrying out the actions described in 
     subsection (c)(1).
       ``(B) Options for mitigating any identified effects on the 
     national airspace system relating to the use of any system or 
     technology, including minimizing when possible the use of any 
     system or technology that disrupts the transmission of radio 
     or electronic signals, for carrying out the actions described 
     in subsection (c)(1).
       ``(C) Potential consequences of any actions taken under 
     subsection (c)(1) to the national airspace system and 
     infrastructure, if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of national security.
       ``(E) The setting and character of any covered facility or 
     asset, including whether it is located in a populated area or 
     near other structures, and any potential for interference 
     with wireless communications or for injury or damage to 
     persons or property.
       ``(F) Potential consequences to national security if 
     threats posed by unmanned aircraft systems or unmanned 
     aircraft are not mitigated or defeated.
       ``(10) Oral communication.--The term `oral communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(11) United states.--The term `United States' has the 
     meaning given such term in section 5 of title 18, United 
     States Code.
       ``(12) Unmanned aircraft and unmanned aircraft system.--The 
     terms `unmanned aircraft' and `unmanned aircraft system' have 
     the meanings given such terms in section 44801 of title 49, 
     United States Code.
       ``(13) Wire communication.--The term `wire communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(b) Authority.--Notwithstanding section 46502 of title 
     49, United States Code, section 32, 1030, or 1367 of title 
     18, United States Code, or chapter 119 or 206 of such title, 
     the Director may take, and may authorize personnel of the 
     Agency with assigned duties that include the security or 
     protection of people, facilities, or assets within the United 
     States, to take--
       ``(1) such actions described in subsection (c)(1) that are 
     necessary to detect, identify, monitor, track, or mitigate a 
     credible threat (as defined by the Director, in consultation 
     with the Secretary of Transportation) that an unmanned 
     aircraft system or unmanned aircraft poses to the safety or 
     security of a covered facility or asset; and
       ``(2) such actions described in subsection (c)(2).
       ``(c) Actions.--
       ``(1) Actions described.--The actions described in this 
     paragraph are the following:
       ``(A) During the operation of the unmanned aircraft system, 
     detect, identify, monitor, and track the unmanned aircraft 
     system or unmanned aircraft, without prior consent, including 
     by means of intercept or other access of a wire 
     communication, an oral communication, or an electronic 
     communication used to control the unmanned aircraft system or 
     unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by doing so passively or 
     actively, and by direct or indirect physical, electronic, 
     radio, and electromagnetic means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent, including by 
     disabling the unmanned aircraft system or unmanned aircraft 
     by intercepting, interfering with, or causing interference 
     with wire, oral, electronic, or radio communications used to 
     control the unmanned aircraft system or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to seize or 
     otherwise disable, damage, or destroy the unmanned aircraft 
     system or unmanned aircraft.
       ``(2) Research, testing, training, and evaluation.--The 
     Director shall conduct research, testing, and training on, 
     and evaluation of, any equipment, including any electronic 
     equipment, to determine the capability and utility of the 
     equipment prior to the use of the equipment for any action 
     described in paragraph (1). Personnel and contractors who do 
     not have duties that include the safety, security, or 
     protection of people, facilities, or assets may engage in 
     research, testing, training, and evaluation activities 
     pursuant to this section.
       ``(3) Coordination.--
       ``(A) Secretary of transportation.--The Director shall 
     develop the actions described in paragraph (1) in 
     coordination with the Secretary of Transportation.
       ``(B) Administrator of federal aviation administration.--
     The Director shall coordinate with the Administrator of the 
     Federal Aviation Administration on any action described in 
     paragraphs (1) and (3) so the Administrator may ensure that 
     unmanned aircraft system detection and mitigation systems do 
     not adversely affect or interfere with safe airport 
     operations, navigation, air traffic services, or the safe and 
     efficient operation of the national airspace system.
       ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft described in subsection (b) that is seized by the 
     Director is subject to forfeiture to the United States.

[[Page S2761]]

       ``(e) Regulations and Guidance.--
       ``(1) Issuance.--The Director and the Secretary of 
     Transportation may each prescribe regulations, and shall each 
     issue guidance, to carry out this section.
       ``(2) Coordination.--
       ``(A) Requirement.--The Director shall coordinate the 
     development of guidance under paragraph (1) with the 
     Secretary of Transportation.
       ``(B) Aviation safety.--The Director shall coordinate with 
     the Secretary of Transportation and the Administrator of the 
     Federal Aviation Administration before issuing any guidance, 
     or otherwise implementing this section, so the Administrator 
     may ensure that unmanned aircraft system detection and 
     mitigation systems do not adversely affect or interfere with 
     safe airport operations, navigation, air traffic services, or 
     the safe and efficient operation of the national airspace 
     system.
       ``(f) Privacy Protection.--The regulations prescribed or 
     guidance issued under subsection (e) shall ensure that--
       ``(1) the interception or acquisition of, access to, or 
     maintenance or use of, communications to or from an unmanned 
     aircraft system or unmanned aircraft under this section is 
     conducted in a manner consistent with the First and Fourth 
     Amendments to the Constitution of the United States and 
     applicable provisions of Federal law;
       ``(2) communications to or from an unmanned aircraft system 
     or unmanned aircraft are intercepted or acquired only to the 
     extent necessary to support an action described in subsection 
     (c);
       ``(3) records of such communications are maintained only 
     for as long as necessary, and in no event for more than 180 
     days, unless the Director determines that maintenance of such 
     records for a longer period is required under Federal law or 
     necessary for the investigation or prosecution of a violation 
     of law, to fulfill a duty, responsibility, or function of the 
     Agency, or for the purpose of any litigation;
       ``(4) such communications are not disclosed outside the 
     Agency unless the disclosure--
       ``(A) is necessary to investigate or prosecute a violation 
     of law;
       ``(B) would support the Agency, the Department of Defense, 
     a Federal law enforcement, intelligence, or security agency, 
     or a State, local, tribal, or territorial law enforcement 
     agency, or other relevant person or entity if such entity or 
     person is engaged in a security or protection operation;
       ``(C) is necessary to support a department or agency listed 
     in subparagraph (B) in investigating or prosecuting a 
     violation of law;
       ``(D) would support the enforcement activities of a 
     regulatory agency of the Federal Government in connection 
     with a criminal or civil investigation of, or any regulatory, 
     statutory, or other enforcement action relating to, an action 
     described in subsection (c) that is necessary to fulfill a 
     duty, responsibility, or function of the Agency;
       ``(E) is necessary to protect against dangerous or 
     unauthorized activity by unmanned aircraft systems or 
     unmanned aircraft;
       ``(F) is necessary to fulfill a duty, responsibility, or 
     function of the Agency; or
       ``(G) is otherwise required by law.
       ``(g) Budget.--
       ``(1) In general.--The Director shall submit to the 
     congressional intelligence committees, as a part of the 
     budget requests of the Agency for each fiscal year after 
     fiscal year 2024, a consolidated funding display that 
     identifies the funding source for the actions described in 
     subsection (c)(1) within the Agency.
       ``(2) Form.--The funding display shall be in unclassified 
     form, but may contain a classified annex.
       ``(h) Semiannual Briefings and Notifications.--
       ``(1) Briefings.--Not later than 180 days after the date of 
     the enactment of this section, and semiannually thereafter, 
     the Director shall provide the congressional intelligence 
     committees, the congressional judiciary committees, and the 
     congressional transportation and infrastructure committees a 
     briefing on the activities carried out pursuant to this 
     section during the period covered by the briefing.
       ``(2) Requirement.--Each briefing under paragraph (1) shall 
     be conducted jointly with the Secretary of Transportation.
       ``(3) Contents.--Each briefing under paragraph (1) shall 
     include the following:
       ``(A) Policies, programs, and procedures to mitigate or 
     eliminate effects of such activities on the national airspace 
     system and other critical national transportation 
     infrastructure.
       ``(B) A description of instances in which actions described 
     in subsection (c)(1) have been taken, including all such 
     instances that may have resulted in harm, damage, or loss to 
     a person or to private property.
       ``(C) A description of the guidance, policies, or 
     procedures established to address privacy, civil rights, and 
     civil liberties issues implicated by the actions allowed 
     under this section, as well as any changes or subsequent 
     efforts that would significantly affect privacy, civil 
     rights, or civil liberties.
       ``(D) A description of options considered and steps taken 
     to mitigate any identified effects on the national airspace 
     system relating to the use of any system or technology, 
     including the minimization of the use of any technology that 
     disrupts the transmission of radio or electronic signals, for 
     carrying out the actions described in subsection (c)(1).
       ``(E) A description of instances in which communications 
     intercepted or acquired during the course of operations of an 
     unmanned aircraft system or unmanned aircraft were maintained 
     for more than 180 days or disclosed outside the Agency.
       ``(F) How the Director and the Secretary of Transportation 
     have informed the public as to the possible use of 
     authorities under this section.
       ``(G) How the Director and the Secretary of Transportation 
     have engaged with Federal, State, local, territorial, or 
     tribal law enforcement agencies to implement and use such 
     authorities.
       ``(H) An assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Agency to counter the threat posed by the 
     malicious use of unmanned aircraft systems or unmanned 
     aircraft, and any recommendations to remedy such gaps or 
     insufficiencies.
       ``(4) Form.--Each briefing under paragraph (1) shall be in 
     unclassified form, but may be accompanied by an additional 
     classified report.
       ``(5) Notifications.--
       ``(A) Covered facilities and assets.--Not later than 30 
     days before exercising any authority under this section at a 
     covered facility or asset for the first time doing so at such 
     covered facility or asset, the Director shall submit to the 
     congressional intelligence committees--
       ``(i) notice that the Director intends to exercise 
     authority under this section at such covered facility or 
     asset; and
       ``(ii) a list of every covered facility and asset.
       ``(B) Deployment of new technologies.--
       ``(i) In general.--Not later than 30 days after deploying 
     any new technology to carry out the actions described in 
     subsection (c)(1), the Director shall submit to the 
     congressional intelligence committees a notification of the 
     use of such technology.
       ``(ii) Contents.--Each notice submitted pursuant to clause 
     (i) shall include a description of options considered to 
     mitigate any identified effects on the national airspace 
     system relating to the use of any system or technology, 
     including the minimization of the use of any technology that 
     disrupts the transmission of radio or electronic signals, for 
     carrying out the actions described in subsection (c)(1).
       ``(i) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to vest in the Director any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration; or
       ``(2) to vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Director.
       ``(j) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Director or the Secretary of 
     Transportation with additional authorities beyond those 
     described in subsections (b) and (d).
       ``(k) Termination.--
       ``(1) In general.--The authority to carry out this section 
     with respect to the actions specified in subparagraphs (B) 
     through (F) of subsection (c)(1) shall terminate on the date 
     that is 10 years after the date of enactment of the 
     Intelligence Authorization Act for Fiscal Year 2024.
       ``(2) Extension.--The President may extend by 1 year the 
     termination date specified in paragraph (1) if, before 
     termination, the President certifies to Congress that such 
     extension is in the national security interests of the United 
     States.''.

     SEC. 322. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF 
                   MENTAL HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON 
                   CENTRAL INTELLIGENCE AGENCY INSTALLATIONS.

       Section 15(b) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3515(b)) is amended, in the second sentence, 
     by striking ``those specified in section 1315(c)(2) of title 
     40, United States Code'' and inserting ``the maximum penalty 
     authorized for a Class B misdemeanor under section 3559 of 
     title 18, United States Code''.

     SEC. 323. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       Section 3 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3503) is amended--
       (1) in subsection (a), by striking ``sections'' and all 
     that follows through ``session)'' and inserting ``sections 
     3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 
     3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 
     10, United States Code'' and
       (2) in subsection (d), by striking ``in paragraphs'' and 
     all that follows through ``1947'' and inserting ``in sections 
     3201 through 3204 of title 10, United States Code, shall not 
     be delegable. Each determination or decision required by 
     sections 3201 through 3204, 3321 through 3323, and 3841 of 
     title 10, United States Code''.

     SEC. 324. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY 
                   STANDARD WORKPLACE SEXUAL MISCONDUCT COMPLAINT 
                   INVESTIGATION PROCEDURE.

       (a) Workplace Sexual Misconduct Defined.--The term 
     ``workplace sexual misconduct''--
       (1) means unwelcome sexual advances, requests for sexual 
     favors, and other verbal or physical conduct of a sexual 
     nature when--
       (A) submission to such conduct is made either explicitly or 
     implicitly a term or condition of an individual's employment;

[[Page S2762]]

       (B) submission to or rejection of such conduct by an 
     individual is used as the basis for employment decisions 
     affecting such individual; or
       (C) such conduct has the purpose or effect of unreasonably 
     interfering with an individual's work performance or creating 
     an intimidating, hostile, or offensive working environment; 
     and
       (2) includes sexual harassment and sexual assault.
       (b) Standard Complaint Investigation Procedure.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Director of the Central Intelligence Agency shall--
       (1) establish a standard workplace sexual misconduct 
     complaint investigation procedure;
       (2) implement the standard workplace sexual misconduct 
     complaint investigation procedure through clear workforce 
     communication and education on the procedure; and
       (3) submit the standard workplace sexual misconduct 
     complaint investigation procedure to the congressional 
     intelligence committees.
       (c) Minimum Requirements.--The procedure established 
     pursuant to subsection (b)(1) shall, at a minimum--
       (1) identify the individuals and offices of the Central 
     Intelligence Agency to which an employee of the Agency may 
     bring a complaint of workplace sexual misconduct;
       (2) detail the steps each individual or office identified 
     pursuant to paragraph (1) shall take upon receipt of a 
     complaint of workplace sexual misconduct and the timeframes 
     within which those steps shall be taken, including--
       (A) documentation of the complaint;
       (B) referral or notification to another individual or 
     office;
       (C) measures to document or preserve witness statements or 
     other evidence; and
       (D) preliminary investigation of the complaint;
       (3) set forth standard criteria for determining whether a 
     complaint of workplace sexual misconduct will be referred to 
     law enforcement and the timeframe within which such a 
     referral shall occur; and
       (4) for any complaint not referred to law enforcement, set 
     forth standard criteria for determining--
       (A) whether a complaint has been substantiated; and
       (B) for any substantiated complaint, the appropriate 
     disciplinary action.
       (d) Annual Reports.--On or before April 30 of each year, 
     the Director shall submit to the congressional intelligence 
     committees an annual report that includes, for the preceding 
     calendar year, the following:
       (1) The number of workplace sexual misconduct complaints 
     brought to each individual or office of the Central 
     Intelligence Agency identified pursuant to subsection (c)(1), 
     disaggregated by--
       (A) complaints referred to law enforcement; and
       (B) complaints substantiated.
       (2) For each complaint described in paragraph (1) that is 
     substantiated, a description of the disciplinary action taken 
     by the Director.

     SEC. 325. PAY CAP FOR DIVERSITY, EQUITY, AND INCLUSION STAFF 
                   AND CONTRACT EMPLOYEES OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) the annual rate of basic pay for a staff employee of 
     the Central Intelligence Agency with the duties described in 
     subsection (b) shall not exceed the annual rate of basic pay 
     for an officer of the Directorate of Operations in the 
     Clandestine Service Trainee program of the Agency; and
       (2) the Director of the Central Intelligence Agency shall 
     ensure that no contract employee performing duties described 
     in subsection (b) under an Agency contract receives an annual 
     amount for performing such duties that exceeds the annual 
     rate of basic pay described in paragraph (1).
       (b) Duties Described.--The duties described in this 
     subsection are as follows:
       (1) Developing, refining, and implementing diversity, 
     equity, and inclusion policy.
       (2) Leading working groups and councils to develop 
     diversity, equity, and inclusion goals and objectives to 
     measure performance and outcomes.
       (3) Creating and implementing diversity, equity, and 
     inclusion education, training courses, and workshops for 
     staff and contract employees.
       (c) Applicability to Current Employees.--
       (1) Staff employees.--Any staff employee of the Central 
     Intelligence Agency in a position with duties described in 
     subsection (b) receiving an annual rate of basic pay as of 
     the date of the enactment of this Act that exceeds the rate 
     allowed under subsection (a) shall be reassigned to another 
     position not later than 180 days after such date.
       (2) Contract employees.--Any contract employee of the 
     Central Intelligence Agency performing duties described in 
     subsection (b) receiving an annual amount under an Agency 
     contract for performing such duties as of the date of the 
     enactment of this Act that exceeds the rate allowed under 
     subsection (b) shall be reassigned to another position not 
     later than 180 days after such date.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

     SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR 
                   ACCOUNTABILITY OF ATROCITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Subcommittee 
     on Defense of the Committee on Appropriations of the Senate; 
     and
       (C) the Committee on Foreign Affairs and the Subcommittee 
     on Defense of the Committee on Appropriations of the House of 
     Representatives.
       (2) Atrocity.--The term ``atrocity''--
       (A) means a crime against humanity, genocide, or a war 
     crime; and
       (B) when used with respect to the People's Republic of 
     China, means an atrocity that is committed by an individual 
     who is--
       (i) a member of People's Liberation Army, or the security 
     or other defense services, including the Ministry of State 
     Security, the Ministry of Public Security, and the United 
     Front Work Department, of the People's Republic of China;
       (ii) an employee of any other element of the Government of 
     the People's Republic of China, including the regional 
     governments of Xinjiang, Tibet, and Hong Kong;
       (iii) a member of the Chinese Communist Party; or
       (iv) an agent or contractor of an individual specified in 
     subparagraph (A), (B), or (C).
       (3) Commit.--The term ``commit'', with respect to an 
     atrocity, includes the planning, committing, aiding, and 
     abetting of such atrocity.
       (4) Foreign person.--The term ``foreign person'' means--
       (A) any person or entity that is not a United States 
     person; or
       (B) any entity not organized under the laws of the United 
     States or of any jurisdiction within the United States.
       (5) United states person.--The term ``United States 
     person'' has the meaning given that term in section 105A(c) 
     of the National Security Act of 1947 (50 U.S.C. 3039).
       (b) Intelligence Community Coordinator for Accountability 
     of Atrocities of the People's Republic of China.--
       (1) Designation.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall designate a senior official of the Office 
     of the Director of National Intelligence to serve as the 
     intelligence community coordinator for accountability of 
     atrocities of the People's Republic of China (in this section 
     referred to as the ``Coordinator'').
       (2) Duties.--The Coordinator shall lead the efforts of and 
     coordinate and collaborate with the intelligence community 
     with respect to the following:
       (A) Identifying and addressing any gaps in intelligence 
     collection relating to atrocities of the People's Republic of 
     China, including by recommending the modification of the 
     priorities of the intelligence community with respect to 
     intelligence collection and by utilizing informal processes 
     and collaborative mechanisms with key elements of the 
     intelligence community to increase collection on atrocities 
     of the People's Republic of China.
       (B) Prioritizing and expanding the intelligence analysis 
     with respect to ongoing atrocities of the People's Republic 
     of China and disseminating within the United States 
     Government intelligence relating to the identification and 
     activities of foreign persons suspected of being involved 
     with or providing support to atrocities of the People's 
     Republic of China, including genocide and forced labor 
     practices in Xinjiang, in order to support the efforts of 
     other Federal agencies, including the Department of State, 
     the Department of the Treasury, the Office of Foreign Assets 
     Control, the Department of Commerce, the Bureau of Industry 
     and Security, U.S. Customs and Border Protection, and the 
     National Security Council, to hold the People's Republic of 
     China accountable for such atrocities.
       (C) Increasing efforts to declassify and share with the 
     people of the United States and the international community 
     information regarding atrocities of the People's Republic of 
     China in order to expose such atrocities and counter the 
     disinformation and misinformation campaign by the People's 
     Republic of China to deny such atrocities.
       (D) Documenting and storing intelligence and other 
     unclassified information that may be relevant to preserve as 
     evidence of atrocities of the People's Republic of China for 
     future accountability, and ensuring that other relevant 
     Federal agencies, including the Atrocities Early Warning Task 
     Force, receive appropriate support from the intelligence 
     community with respect to the collection, analysis, 
     preservation, and, as appropriate, dissemination, of 
     intelligence related to atrocities of the People's Republic 
     of China, which may include the information from the annual 
     report required by section 6504 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263).
       (E) Sharing information with the Forced Labor Enforcement 
     Task Force, established under section 741 of the United 
     States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 
     4681), the Department of Commerce, and the Department of the 
     Treasury for the purposes of entity listings and sanctions.
       (3) Plan required.--Not later than 120 days after the date 
     of the enactment of this

[[Page S2763]]

     Act, the Director shall submit to the appropriate committees 
     of Congress--
       (A) the name of the official designated as the Coordinator 
     pursuant to paragraph (1); and
       (B) the strategy of the intelligence community for the 
     collection and dissemination of intelligence relating to 
     ongoing atrocities of the People's Republic of China, 
     including a detailed description of how the Coordinator shall 
     support, and assist in facilitating the implementation of, 
     such strategy.
       (4) Annual report to congress.--
       (A) Reports required.--Not later than May 1, 2024, and 
     annually thereafter until May 1, 2034, the Director shall 
     submit to the appropriate committees of Congress a report 
     detailing, for the year covered by the report--
       (i) the analytical findings, changes in collection, and 
     other activities of the intelligence community with respect 
     to ongoing atrocities of the People's Republic of China;
       (ii) the recipients of information shared pursuant to this 
     section for the purpose of--

       (I) providing support to Federal agencies to hold the 
     People's Republic of China accountable for such atrocities; 
     and
       (II) sharing information with the people of the United 
     States to counter the disinformation and misinformation 
     campaign by the People's Republic of China to deny such 
     atrocities; and

       (iii) with respect to clause (ii), the date of any such 
     sharing.
       (B) Form.--Each report submitted under subparagraph (A) may 
     be submitted in classified form, consistent with the 
     protection of intelligence sources and methods.
       (c) Sunset.--This section shall cease to have effect on the 
     date that is 10 years after the date of the enactment of this 
     Act.

     SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN 
                   EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA IN 
                   AFRICA.

       (a) Establishment.--
       (1) In general.--The Director of National Intelligence, in 
     consultation with such heads of elements of the intelligence 
     community as the Director considers appropriate, shall 
     establish an interagency working group within the 
     intelligence community to analyze the tactics and 
     capabilities of the People's Republic of China in Africa.
       (2) Establishment flexibility.--The working group 
     established under paragraph (1) may be--
       (A) independently established; or
       (B) to avoid redundancy, incorporated into existing working 
     groups or cross-intelligence efforts within the intelligence 
     community.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and twice annually thereafter, the 
     working group established under subsection (a) shall submit 
     to the congressional intelligence committees a report on the 
     specific tactics and capabilities of the People's Republic of 
     China in Africa.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following elements:
       (A) An assessment of efforts by the Government of the 
     People's Republic of China to exploit mining and reprocessing 
     operations in Africa.
       (B) An assessment of efforts by the Government of the 
     People's Republic of China to provide or fund technologies in 
     Africa, including--
       (i) telecommunications and energy technologies, such as 
     advanced reactors, transportation, and other commercial 
     products; and
       (ii) by requiring that the People's Republic of China be 
     the sole provider of such technologies.
       (C) An assessment of efforts by the Government of the 
     People's Republic of China to expand intelligence 
     capabilities in Africa.
       (D) A description of actions taken by the intelligence 
     community to counter such efforts.
       (E) An assessment of additional resources needed by the 
     intelligence community to better counter such efforts.
       (3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if necessary.
       (c) Sunset.--The requirements of this section shall 
     terminate on the date that is 5 years after the date of the 
     enactment of this Act.

     SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY 
                   INTELLIGENCE COMMUNITY WORKING GROUP FOR 
                   MONITORING THE ECONOMIC AND TECHNOLOGICAL 
                   CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

       Section 6503(c)(3)(D) of the Intelligence Authorization Act 
     for Fiscal Year 2023 (division F of Public Law 117-263) is 
     amended by striking ``the top 200'' and inserting ``all the 
     known''.

     SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP 
                   BETWEEN THE UNITED STATES AND THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Assistant Secretary of State 
     for Intelligence and Research, in consultation with the 
     Director of National Intelligence and such other heads of 
     elements of the intelligence community as the Assistant 
     Secretary considers relevant, shall submit to the 
     congressional intelligence committees, the Committee on 
     Foreign Relations of the Senate, and the Committee on Foreign 
     Affairs of the House of Representatives the following:
       (1) A comprehensive assessment that identifies critical 
     areas in the security, diplomatic, economic, financial, 
     technological, scientific, commercial, academic, and cultural 
     spheres in which the United States does not enjoy a 
     reciprocal relationship with the People's Republic of China.
       (2) A comprehensive assessment that describes how the lack 
     of reciprocity between the People's Republic of China and the 
     United States in the areas identified in the assessment 
     required by paragraph (1) provides advantages to the People's 
     Republic of China.
       (b) Form of Assessments.--
       (1) Critical areas.--The assessment required by subsection 
     (a)(1) shall be submitted in unclassified form.
       (2) Advantages.--The assessment required by subsection 
     (a)(2) shall be submitted in classified form.

     SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS 
                   TO IDENTIFY AND MITIGATE CHINESE COMMUNIST 
                   PARTY POLITICAL INFLUENCE OPERATIONS AND 
                   INFORMATION WARFARE AGAINST THE UNITED STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (C) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives
       (2) Chinese entities engaged in political influence 
     operations and information warfare.--The term ``Chinese 
     entities engaged in political influence operations and 
     information warfare'' means all of the elements of the 
     Government of the People's Republic of China and the Chinese 
     Communist Party involved in information warfare operations, 
     such as--
       (A) the Ministry of State Security;
       (B) the intelligence services of the People's Republic of 
     China;
       (C) the United Front Work Department and other united front 
     organs;
       (D) state-controlled media systems, such as the China 
     Global Television Network (CGTN); and
       (E) any entity involved in information warfare operations 
     by demonstrably and intentionally disseminating false 
     information and propaganda of the Government of the People's 
     Republic of China or the Chinese Communist Party.
       (3) Political influence operation.--The term ``political 
     influence operation'' means a coordinated and often concealed 
     application of disinformation, press manipulation, economic 
     coercion, targeted investments, corruption, or academic 
     censorship, which are often intended--
       (A) to coerce and corrupt United States interests, values, 
     institutions, or individuals; and
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in the United States that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.
       (b) Briefing Required.--Not later than 120 days after the 
     date of the enactment of this Act and annually thereafter 
     until the date that is 5 years after the date of the 
     enactment of this Act, the Director of the Foreign Malign 
     Influence Center shall, in collaboration with the heads of 
     the elements of the intelligence community, provide the 
     appropriate committees of Congress a classified briefing on 
     the ways in which the relevant elements of the intelligence 
     community are working internally and coordinating across the 
     intelligence community to identify and mitigate the actions 
     of Chinese entities engaged in political influence operations 
     and information warfare against the United States, including 
     against United States persons.
       (c) Elements.--The classified briefing required by 
     subsection (b) shall cover the following:
       (1) The Government of the People's Republic of China and 
     the Chinese Communist Party tactics, tools, and entities that 
     spread disinformation, misinformation, and malign information 
     and conduct influence operations, information campaigns, or 
     other propaganda efforts.
       (2) The actions of the Foreign Malign Influence Center 
     relating to early-warning, information sharing, and proactive 
     risk mitigation systems, based on the list of entities 
     identified in subsection (a)(1), to detect, expose, deter, 
     and counter political influence operations of, and 
     information warfare waged by, the Government of the People's 
     Republic of China or the Chinese Communist Party, against the 
     United States.
       (3) The actions of the Foreign Malign Influence Center to 
     conduct outreach to identify and counter tactics, tools, and 
     entities described in paragraph (1) by sharing information 
     with allies and partners of the United States, State and 
     local governments, the business community, and civil society 
     that exposes the political influence operations and 
     information operations of the Government of the People's 
     Republic of China or the Chinese Communist Party carried out

[[Page S2764]]

     against individuals and entities in the United States.

     SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS 
                   BY CRANES MANUFACTURED BY COUNTRIES OF CONCERN.

       (a) Definition of Country of Concern.--In this section, the 
     term ``country of concern'' has the meaning given that term 
     in section 1(m)(1) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2651a(m)(1)).
       (b) Assessment.--The Director of National Intelligence, in 
     coordination with such other heads of the elements of the 
     intelligence community as the Director considers appropriate 
     and the Secretary of Defense, shall conduct an assessment of 
     the threat posed to United States ports by cranes 
     manufactured by countries of concern and commercial entities 
     of those countries, including the Shanghai Zhenhua Heavy 
     Industries Co. (ZPMC).
       (c) Report and Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit a report and provide a briefing to 
     the congressional intelligence committees, the Committee on 
     Armed Services of the Senate, and the Committee on Armed 
     Services of the House of Representatives on the findings of 
     the assessment required by subsection (b).
       (2) Elements.--The report and briefing required by 
     paragraph (1) shall outline the potential for the cranes 
     described in subsection (b) to collect intelligence, disrupt 
     operations at United States ports, and impact the national 
     security of the United States.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

                     Subtitle B--Russian Federation

     SEC. 411. ASSESSMENT OF LESSONS LEARNED BY INTELLIGENCE 
                   COMMUNITY WITH RESPECT TO CONFLICT IN UKRAINE.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (3) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act and semiannually thereafter for 3 
     years, the Director of National Intelligence shall produce 
     and submit to the appropriate committees of Congress an 
     assessment of the lessons learned by the intelligence 
     community with respect to the ongoing war in Ukraine, 
     particularly in regards to the quality and timeliness of the 
     information and intelligence support provided by the United 
     States to Ukraine.
       (c) Form.--The assessment submitted pursuant to subsection 
     (b) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 412. NATIONAL INTELLIGENCE ESTIMATE ON LONG-TERM 
                   CONFRONTATION WITH RUSSIA.

       (a) National Intelligence Estimate Required.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Director of National Intelligence shall produce and 
     submit to the congressional intelligence committees, the 
     Committee on Armed Services of the Senate, and the Committee 
     on Armed Services of the House of Representatives a national 
     intelligence estimate on the implications of the ongoing war 
     in Ukraine with respect to a long-term United States and 
     North Atlantic Treaty Organization confrontation with Russia, 
     including the continued threat to the United States, the 
     North Atlantic Treaty Organization, and other allies of the 
     United States from the conventional and strategic military 
     forces, the intelligence activities, and the malign influence 
     campaigns of Russia.
       (b) Elements.--The national intelligence estimate produced 
     pursuant to subsection (a) shall include the following:
       (1) An assessment of the efficacy of the sanctions regime 
     in effect on the day before the date of the enactment of this 
     Act that is imposed upon Russia as a result of its illegal 
     and unjustified invasion of Ukraine, including--
       (A) the effect that such sanctions have had on the economy 
     of Russia, the defense industrial base of Russia, and the 
     ability of Russia to maintain its war on Ukraine; and
       (B) the expected effect such sanctions would have on a 
     potential long-term confrontation between Russia and the 
     members of the North Atlantic Treaty Organization and other 
     allies of the United States.
       (2) An updated assessment of the convergence of interests 
     between Russia and China, an assessment of the assistance 
     that China is providing to Russia's economy and war effort, 
     and an assessment of other collaboration between the two 
     countries.
       (3) An assessment of potential friction points between 
     China and Russia.
       (4) An assessment of assistance and potential assistance 
     from other countries to Russia, including assistance from 
     Iran and North Korea.
       (5) An assessment of other significant countries that have 
     not joined the sanctions regime against Russia, why they have 
     not done so, and what might induce them to change this 
     policy.
       (c) Form.--The national intelligence estimate submitted 
     pursuant to subsection (a) shall be submitted in unclassified 
     form, but may include a classified annex.

                  Subtitle C--Other Foreign Countries

     SEC. 421. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED 
                   STATES CITIZENS AS HOSTAGES.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees, 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 in 
     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, or 
     imprisonment of United States citizens and lawful permanent 
     residents, the following:
       (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.
       (3) Where relevant, an assessment of whether and how United 
     States citizens and lawful permanent residents have been 
     lured to Venezuela.
       (4) An analysis of the motive for the arrest, capture, 
     detainment, or imprisonment of United States citizens and 
     lawful permanent residents.
       (5) 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.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 422. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN 
                   NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.

       It is the sense of Congress that the trafficking of illicit 
     fentanyl, including precursor chemicals and manufacturing 
     equipment associated with illicit fentanyl production and 
     organizations that traffic or finance the trafficking of 
     illicit fentanyl, originating from the People's Republic of 
     China and Mexico should be among the highest priorities in 
     the National Intelligence Priorities Framework of the Office 
     of the Director of National Intelligence.

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING 
         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

                      Subtitle A--General Matters

     SEC. 501. OFFICE OF GLOBAL COMPETITION ANALYSIS.

       (a) Definitions.--In this section:
       (1) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (2) Office.--The term ``Office'' means the Office of Global 
     Competition Analysis established under subsection (b).
       (b) Establishment.--
       (1) In general.--The President shall establish an office 
     for analysis of global competition.
       (2) Purposes.--The purposes of the Office are as follows:
       (A) To carry out a program of analysis relevant to United 
     States leadership in science, technology, and innovation 
     sectors critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       (B) To support policy development and decision making 
     across the Federal Government to ensure United States 
     leadership in science, technology, and innovation sectors 
     critical to national security and economic prosperity 
     relative to other countries, particularly those countries 
     that are strategic competitors of the United States.
       (3) Designation.--The office established under paragraph 
     (1) shall be known as the ``Office of Global Competition 
     Analysis''.
       (c) Activities.--In accordance with the priorities 
     determined under subsection (d), the Office shall--
       (1) subject to subsection (f), acquire, access, use, and 
     handle data or other information relating to the purposes of 
     the Office under subsection (b);
       (2) conduct long- and short-term analyses regarding--
       (A) United States policies that enable technological 
     competitiveness relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;
       (B) United States science and technology ecosystem 
     elements, including regional and national research 
     development and capacity, technology innovation, and science 
     and engineering education and research workforce, relative to 
     those of other countries, particularly with respect to 
     countries that are strategic competitors of the United 
     States;
       (C) United States technology development, 
     commercialization, and advanced manufacturing ecosystem 
     elements, including supply chain resiliency, scale-up 
     manufacturing testbeds, access to venture capital and 
     financing, technical and entrepreneurial workforce, and 
     production, relative to those of other countries, 
     particularly with respect to countries that are strategic 
     competitors of the United States;

[[Page S2765]]

       (D) United States competitiveness in technology and 
     innovation sectors critical to national security and economic 
     prosperity relative to other countries, including the 
     availability and scalability of United States technology in 
     such sectors abroad, particularly with respect to countries 
     that are strategic competitors of the United States;
       (E) trends and trajectories, including rate of change in 
     technologies, related to technology and innovation sectors 
     critical to national security and economic prosperity;
       (F) threats to United States national security interests as 
     a result of any foreign country's dependence on technologies 
     of strategic competitors of the United States; and
       (G) threats to United States interests based on 
     dependencies on foreign technologies critical to national 
     security and economic prosperity;
       (3) solicit input on technology and economic trends, data, 
     and metrics from relevant private sector stakeholders, 
     including entities involved in financing technology 
     development and commercialization, and engage with academia 
     to inform the analyses under paragraph (2); and
       (4) to the greatest extent practicable and as may be 
     appropriate, ensure that versions of the analyses under 
     paragraph (2) are unclassified and available to relevant 
     Federal agencies and offices.
       (d) Determination of Priorities.--On a periodic basis, the 
     Director of the Office of Science and Technology Policy, the 
     Assistant to the President for Economic Policy, and the 
     Assistant to the President for National Security Affairs 
     shall, in coordination with such heads of Executive agencies 
     as the Director of the Office of Science and Technology 
     Policy and such Assistants jointly consider appropriate, 
     jointly determine the priorities of the Office with respect 
     to subsection (b)(2)(A), considering, as may be appropriate, 
     the strategies and reports under subtitle B of title VI of 
     the Research and Development, Competition, and Innovation Act 
     (Public Law 117-167).
       (e) Administration.--Subject to the availability of 
     appropriations, to carry out the purposes set forth under 
     subsection (b)(2), the Office shall enter into an agreement 
     with a federally funded research and development center, a 
     university-affiliated research center, or a consortium of 
     federally funded research and development centers and 
     university-affiliated research centers.
       (f) Acquisition, Access, Use, and Handling of Data or 
     Information.--In carrying out the activities under subsection 
     (c), the Office--
       (1) shall acquire, access, use, and handle data or 
     information in a manner consistent with applicable provisions 
     of law and policy, including laws and policies providing for 
     the protection of privacy and civil liberties, and subject to 
     any restrictions required by the source of the information;
       (2) shall have access, upon written request, to all 
     information, data, or reports of any Executive agency that 
     the Office determines necessary to carry out the activities 
     under subsection (c), provided that such access is--
       (A) conducted in a manner consistent with applicable 
     provisions of law and policy of the originating agency, 
     including laws and policies providing for the protection of 
     privacy and civil liberties; and
       (B) consistent with due regard for the protection from 
     unauthorized disclosure of classified information relating to 
     sensitive intelligence sources and methods or other 
     exceptionally sensitive matters; and
       (3) may obtain commercially available information that may 
     not be publicly available.
       (g) Detailee Support.--Consistent with applicable law, 
     including sections 1341, 1517, and 1535 of title 31, United 
     States Code, and section 112 of title 3, United States Code, 
     the head of a department or agency within the executive 
     branch of the Federal Government may detail personnel to the 
     Office in order to assist the Office in carrying out any 
     activity under subsection (c), consistent with the priorities 
     determined under subsection (d).
       (h) Annual Report.--Not less frequently than once each 
     year, the Office shall submit to Congress a report on the 
     activities of the Office under this section, including a 
     description of the priorities under subsection (d) and any 
     support, disaggregated by Executive agency, provided to the 
     Office consistent with subsection (g) in order to advance 
     those priorities.
       (i) Plans.--Before establishing the Office under subsection 
     (b)(1), the President shall submit to the appropriate 
     committees of Congress a report detailing plans for--
       (1) the administrative structure of the Office, including--
       (A) a detailed spending plan that includes administrative 
     costs; and
       (B) a disaggregation of costs associated with carrying out 
     subsection (e);
       (2) ensuring consistent and sufficient funding for the 
     Office; and
       (3) coordination between the Office and relevant Executive 
     agencies and offices.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     fiscal year 2024.
       (k) Funding.--This section shall be carried out using 
     amounts appropriated on or after the date of the enactment of 
     this Act.

     SEC. 502. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY 
                   TO DEPARTMENT OF COMMERCE.

       (a) Authority.--In order to better facilitate the sharing 
     of actionable intelligence on foreign adversary intent, 
     capabilities, threats, and operations that pose a threat to 
     the interests or security of the United States, particularly 
     as they relate to the procurement, development, and use of 
     dual-use and emerging technologies, the Director of National 
     Intelligence may assign or facilitate the assignment of 
     members from across the intelligence community to serve as 
     detailees to the Bureau of Industry and Security of the 
     Department of Commerce.
       (b) Assignment.--Detailees assigned pursuant to subsection 
     (a) shall be drawn from such elements of the intelligence 
     community as the Director considers appropriate, in 
     consultation with the Secretary of Commerce.
       (c) Expertise.--The Director shall ensure that detailees 
     assigned pursuant to subsection (a) have subject matter 
     expertise on countries of concern, including China, Iran, 
     North Korea, and Russia, as well as functional areas such as 
     illicit procurement, counterproliferation, emerging and 
     foundational technology, economic and financial intelligence, 
     information and communications technology systems, supply 
     chain vulnerability, and counterintelligence.
       (d) Duty Credit.--The detail of an employee of the 
     intelligence community to the Department of Commerce under 
     subsection (a) shall be without interruption or loss of civil 
     service status or privilege.

     SEC. 503. THREATS POSED BY INFORMATION AND COMMUNICATIONS 
                   TECHNOLOGY AND SERVICES TRANSACTIONS AND OTHER 
                   ACTIVITIES.

       (a) Definitions.--In this section:
       (1) Covered transaction.--The term ``covered transaction'' 
     means a transaction reviewed under authority established 
     under Executive Order 13873, Executive Order 13984, Executive 
     Order 14034, or any successor order.
       (2) Emerging and foundational technologies.--The term 
     ``emerging and foundational technologies'' means emerging and 
     foundational technologies described in section 1758(a)(1) of 
     the Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
       (3) Executive order 13873.--The term ``Executive Order 
     13873'' means Executive Order 13873 (84 Fed. Reg. 22689; 
     relating to securing information and communications 
     technology and services supply chain).
       (4) Executive order 13984.--The term ``Executive Order 
     13984'' means Executive Order 13984 (86 Fed. Reg. 6837; 
     relating to taking additional steps to address the national 
     emergency with respect to significant malicious cyber-enabled 
     activities).
       (5) Executive order 14034.--The term ``Executive Order 
     14034'' means Executive Order 14034 (84 Fed. Reg. 31423; 
     relating to protecting Americans' sensitive data from foreign 
     adversaries).
       (6) Significant transaction.--The term ``significant 
     transaction'' means a covered transaction that--
       (A) involves emerging or foundational technologies;
       (B) poses an undue or unacceptable risk to national 
     security; and
       (C) involves--
       (i) an individual who acts as an agent, representative, or 
     employee, or any individual who acts in any other capacity at 
     the order, request, or under the direction or control, of a 
     foreign adversary or of an individual whose activities are 
     directly or indirectly supervised, directed, controlled, 
     financed, or subsidized in whole or in majority part by a 
     foreign adversary;
       (ii) any individual, wherever located, who is a citizen or 
     resident of a nation-state controlled by a foreign adversary;
       (iii) any corporation, partnership, association, or other 
     organization organized under the laws of a nation-state 
     controlled by a foreign adversary; or
       (iv) any corporation, partnership, association, or other 
     organization, wherever organized or doing business, that is 
     owned or controlled by a foreign adversary.
       (b) Threat Assessment by Director of National 
     Intelligence.--
       (1) In general.--The Director of National Intelligence 
     shall expeditiously carry out a threat assessment of each 
     significant transaction.
       (2) Identification of gaps.--Each assessment required by 
     paragraph (1) shall include the identification of any 
     recognized gaps in the collection of intelligence relevant to 
     the assessment.
       (3) Views of intelligence community.--The Director of 
     National Intelligence shall seek and incorporate into each 
     assessment required by paragraph (1) the views of all 
     affected or appropriate elements of the intelligence 
     community with respect to the significant transaction or 
     class of significant transactions.
       (4) Provision of assessment.--The Director of National 
     Intelligence shall provide an assessment required by 
     paragraph (1) to such agency heads and committees of Congress 
     as the Director considers appropriate, as necessary, to 
     implement Executive Order 13873, Executive Order 13984, 
     Executive Order 14034, or any successor order.
       (c) Interaction With Intelligence Community.--
       (1) In general.--The Director of National Intelligence 
     shall ensure that the intelligence community remains engaged 
     in the collection, analysis, and dissemination to such agency 
     heads as the Director considers appropriate of any additional 
     relevant information that may become available during the 
     course of any investigation or review

[[Page S2766]]

     process conducted under authority established under Executive 
     Order 13873, Executive Order 13984, Executive Order 14034, or 
     any successor order.
       (2) Elements.--The collection, analysis, and dissemination 
     of information described in paragraph (1) shall include 
     routine assessments of the following:
       (A) The intent, capability, and operations of foreign 
     adversaries as related to a significant transaction or class 
     of significant transactions.
       (B) Supply chains and procurement networks associated with 
     the procurement of emerging and foundational technologies by 
     foreign adversaries.
       (C) Emerging and foundational technologies pursued by 
     foreign adversaries, including information on prioritization, 
     spending, and technology transfer measures.
       (D) The intent, capability, and operations of the use by 
     malicious cyber actors of infrastructure as a service (IaaS) 
     against the United States.
       (E) The impact on the intelligence community of a 
     significant transaction or class of significant transactions.
       (d) Information in Civil Actions.--
       (1) Protected information in civil actions.--If a civil 
     action challenging an action or finding under Executive Order 
     13873, Executive Order 13984, Executive Order 14034, or any 
     successor order is brought, and the court determines that 
     protected information in the administrative record relating 
     to the action or finding, including classified or other 
     information subject to privilege or protections under any 
     provision of law, is necessary to resolve the action, that 
     information shall be submitted ex parte and in camera to the 
     court and the court shall maintain that information under 
     seal. This paragraph does not confer or imply any right to 
     judicial review.
       (2) Nonapplicability of use of information provisions.--The 
     use of information provisions of sections 106, 305, 405, and 
     706 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a 
     civil action described in paragraph (1).
       (e) Rule of Construction Concerning Right to Access.--No 
     provision of this section may be construed to create a right 
     to obtain access to information in the possession of the 
     Federal Government that was considered by the Secretary of 
     Commerce under authority established under Executive Order 
     13873, Executive Order 13984, Executive Order 14034, or any 
     successor order, including any classified information or 
     sensitive but unclassified information.
       (f) Administrative Record.--The following information may 
     be included in the administrative record relating to an 
     action or finding described in subsection (d)(1) and shall be 
     submitted only to the court ex parte and in camera:
       (1) Sensitive security information, as defined in section 
     1520.5 of title 49, Code of Federal Regulations.
       (2) Privileged law enforcement information.
       (3) Information obtained or derived from any activity 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), except that, with respect to 
     such information, subsections (c), (e), (f), (g), and (h) of 
     section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), 
     and (i) of section 305 (50 U.S.C. 1825), subsections (c), 
     (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), and 
     section 706 (50 U.S.C. 1881e) of that Act shall not apply.
       (4) Information subject to privilege or protection under 
     any other provision of law, including the Currency and 
     Foreign Transactions Reporting Act of 1970 (31 U.S.C. 5311 et 
     seq.).
       (g) Treatment Consistent With Section.--Any information 
     that is part of the administrative record filed ex parte and 
     in camera under subsection (d)(1), or cited by the court in 
     any decision in a civil action described in such subsection, 
     shall be treated by the court consistent with the provisions 
     of this section. In no event shall such information be 
     released to the petitioner or as part of the public record.
       (h) Inapplicability of Freedom of Information Act.--Any 
     information submitted to the Federal Government by a party to 
     a covered transaction in accordance with this section, as 
     well as any information the Federal Government may create 
     relating to review of the covered transaction, is exempt from 
     disclosure under section 552 of title 5, United States Code 
     (commonly referred to as the ``Freedom of Information Act'').

     SEC. 504. REVISION OF REGULATIONS DEFINING SENSITIVE NATIONAL 
                   SECURITY PROPERTY FOR COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES REVIEWS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of the Treasury shall revise section 
     802.211 of title 31, Code of Federal Regulations, to expand 
     the definition of ``covered real estate'', such as by 
     treating facilities and property of elements of the 
     intelligence community and National Laboratories (as defined 
     in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801)) comparably to military installations.

     SEC. 505. SUPPORT OF INTELLIGENCE COMMUNITY FOR EXPORT 
                   CONTROLS AND OTHER MISSIONS OF THE DEPARTMENT 
                   OF COMMERCE.

       (a) Definitions.--In this section:
       (1) Emerging and foundational technologies.--The term 
     ``emerging and foundational technologies'' includes 
     technologies identified under section 1758(a)(1) of the 
     Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
       (2) Foreign adversary.--The term ``foreign adversary'' 
     means any foreign government, foreign regime, or foreign 
     nongovernment person determined by the Director of National 
     Intelligence to have engaged in a long-term pattern or 
     serious instances of conduct significantly adverse to the 
     national security of the United States or the security and 
     safety of United States persons.
       (b) Collection, Analysis, and Dissemination Required.--
       (1) In general.--The Director of National Intelligence--
       (A) is authorized to collect, retain, analyze, and 
     disseminate information or intelligence necessary to support 
     the missions of the Department of Commerce, including with 
     respect to the administration of export controls pursuant to 
     the Export Control Reform Act of 2018 (50 U.S.C. 4801 et 
     seq.); and
       (B) shall, through regular consultation with the Secretary 
     of Commerce, ensure that the intelligence community is 
     engaged in such collection, retention, analysis, and 
     dissemination.
       (2) Information to be collected, analyzed, and 
     disseminated.--The information to be collected, analyzed, and 
     disseminated under subsection (a) shall include information 
     relating to the following:
       (A) The intent, capability, and operations of foreign 
     adversaries with respect to items under consideration to be 
     controlled pursuant to the authority provided by part I of 
     the Export Control Reform Act of 2018 (50 U.S.C. 4811 et 
     seq.).
       (B) Attempts by foreign adversaries to circumvent controls 
     on items imposed pursuant to that part.
       (C) Supply chains and procurement networks associated with 
     procurement and development of emerging and foundational 
     technologies by foreign adversaries.
       (D) Emerging and foundational technologies pursued by 
     foreign adversaries, including relevant information on 
     prioritization, spending, and technology transfer measures 
     with respect to such technologies.
       (E) The scope and application of the export control systems 
     of foreign countries, including decisions with respect to 
     individual export transactions.
       (F) Corporate and contractual relationships, ownership, and 
     other equity interests, including monetary capital 
     contributions, corporate investments, and joint ventures, 
     resulting in end uses of items that threaten the national 
     security and foreign policy interests of the United States, 
     as described in the policy set forth in section 1752 of the 
     Export Control Reform Act of 2018 (50 U.S.C. 4811).
       (G) The effect of export controls imposed pursuant to part 
     I of that Act (50 U.S.C. 4811 et seq.), including--
       (i) the effect of actions taken and planned to be taken by 
     the Secretary of Commerce under the authority provided by 
     that part; and
       (ii) the effectiveness of such actions in achieving the 
     national security and foreign policy objectives of such 
     actions.
       (c) Provision of Analysis to Department of Commerce.--Upon 
     the request of the Secretary of Commerce, the Director of 
     National Intelligence shall expeditiously--
       (1) carry out analysis of any matter relating to the 
     national security of the United States that is relevant to a 
     mission of the Department of Commerce; and
       (2) consistent with the protection of sources and methods, 
     make such analysis available to the Secretary and such 
     individuals as the Secretary may designate to receive such 
     analysis.
       (d) Identification of Single Office to Support Missions of 
     Department of Commerce.--The Director of National 
     Intelligence shall identify a single office within the 
     intelligence community to be responsible for supporting the 
     missions of the Department of Commerce.
       (e) Treatment of Classified and Sensitive Information.--
       (1) In general.--A civil action challenging an action or 
     finding of the Secretary of Commerce made on the basis of any 
     classified or sensitive information made available to 
     officials of the Department of Commerce pursuant to this 
     section may be brought only in the United States Court of 
     Appeals for the District of Columbia Circuit.
       (2) Consideration and treatment in civil actions.--If a 
     civil action described in paragraph (1) is brought, and the 
     court determines that protected information in the 
     administrative record, including classified or other 
     information subject to privilege or protections under any 
     provision of law, is necessary to resolve the civil action, 
     that information shall be submitted ex parte and in camera to 
     the court and the court shall maintain that information under 
     seal. This paragraph does not confer or imply any right to 
     judicial review.
       (3) Administrative record.--
       (A) In general.--The following information may be included 
     in the administrative record relating to an action or finding 
     described in paragraph (1) and shall be submitted only to the 
     court ex parte and in camera:
       (i) Sensitive security information, as defined by section 
     1520.5 of title 49, Code of Federal Regulations.
       (ii) Privileged law enforcement information.

[[Page S2767]]

       (iii) Information obtained or derived from any activity 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.).
       (iv) Information subject to privilege or protection under 
     any other provision of law.
       (B) Treatment consistent with section.--Any information 
     that is part of the administrative record filed ex parte and 
     in camera under subparagraph (A), or cited by the court in 
     any decision in a civil action described in paragraph (1), 
     shall be treated by the court consistent with the provisions 
     of this subsection. In no event shall such information be 
     released to the petitioner or as part of the public record.
       (4) Nonapplicability of use of information provisions.--The 
     use of information provisions of sections 106, 305, 405, and 
     706 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a 
     civil action challenging an action or finding of the 
     Secretary of Commerce made on the basis of information made 
     available to officials of the Department of Commerce pursuant 
     to this section.
       (5) Rule of construction concerning right to access.--No 
     provision of this section shall be construed to create a 
     right to obtain access to information in the possession of 
     the Federal Government that was considered in an action or 
     finding of the Secretary of Commerce, including any 
     classified information or sensitive but unclassified 
     information.
       (6) Exemption from freedom of information act.--Any 
     information made available to officials of the Department of 
     Commerce pursuant to this section is exempt from disclosure 
     under section 552 of title 5, United States Code (commonly 
     referred to as the ``Freedom of Information Act'').

     SEC. 506. REVIEW REGARDING INFORMATION COLLECTION AND 
                   ANALYSIS WITH RESPECT TO ECONOMIC COMPETITION.

       (a) Review.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall complete a review of the requirements and 
     access to commercial information used by elements of the 
     intelligence community for analysis of capital flows, 
     investment security, beneficial ownership of entities, and 
     other transactions and functions related to identifying 
     threats, gaps, and opportunities with respect to economic 
     competition with foreign countries, including the People's 
     Republic of China.
       (2) Elements.--The review required by paragraph (1) shall 
     include the following:
       (A) The length and expiration of licenses for access to 
     commercial information.
       (B) The number of such licenses permitted for each element 
     of the intelligence community.
       (C) The number of such licenses permitted for Federal 
     departments and agencies that are not elements of the 
     intelligence community, including the Department of Commerce.
       (b) Report; Briefing.--
       (1) In general.--Not later than 60 days after the date on 
     which the review required by subsection (a)(1) is completed, 
     the Director of National Intelligence shall submit a report 
     and provide a briefing to the congressional intelligence 
     committees, the Committee on Armed Services of the Senate, 
     and the Committee on Armed Services of the House of 
     Representatives on the findings of the review.
       (2) Elements.--The report and briefing required by 
     paragraph (1) shall include the following:
       (A) The findings of the review required by subsection 
     (a)(1).
       (B) Recommendations of the Director on whether and how the 
     standardization of access to commercial information, the 
     expansion of licenses for such access, the lengthening of 
     license terms beyond 1 year, and the issuance of Government-
     wide (as opposed to agency-by-agency) licenses would advance 
     the open-source collection and analytical requirements of the 
     intelligence community with respect to economic competition 
     with foreign countries, including the People's Republic of 
     China.
       (C) An assessment of cost savings or increases that may 
     result from the standardization described in subparagraph 
     (B).
       (3) Form.--The report and briefing required by paragraph 
     (1) may be classified.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

     SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND 
                   TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       Section 6503(c)(3) of the Intelligence Authorization Act 
     for Fiscal Year 2023 (Public Law 117-263) is amended by 
     adding at the end the following:
       ``(I) A detailed assessment, prepared in consultation with 
     all elements of the working group--
       ``(i) of the investments made by the People's Republic of 
     China in--

       ``(I) artificial intelligence;
       ``(II) next-generation energy technologies, especially 
     small modular reactors and advanced batteries; and
       ``(III) biotechnology; and

       ``(ii) that identifies--

       ``(I) competitive practices of the People's Republic of 
     China relating to the technologies described in clause (i);
       ``(II) opportunities to counter the practices described in 
     subclause (I);
       ``(III) countries the People's Republic of China is 
     targeting for exports of civil nuclear technology;
       ``(IV) countries best positioned to utilize civil nuclear 
     technologies from the United States in order to facilitate 
     the commercial export of those technologies;
       ``(V) United States vulnerabilities in the supply chain of 
     these technologies; and
       ``(VI) opportunities to counter the export by the People's 
     Republic of China of civil nuclear technologies globally.

       ``(J) An identification and assessment of any unmet 
     resource or authority needs of the working group that affect 
     the ability of the working group to carry out this 
     section.''.

     SEC. 512. PROCUREMENT OF PUBLIC UTILITY CONTRACTS.

       Subparagraph (B) of section 501(b)(1) of title 40, United 
     States Code, is amended to read as follows:
       ``(B) Public utility contracts.--
       ``(i) In general.--A contract for public utility services 
     may be made--

       ``(I) except as provided in subclause (II), for a period of 
     not more than 10 years; or
       ``(II) for an executive agency that is, or has a component 
     that is, an element of the intelligence community (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)), for a period of not more than 30 years, if the 
     executive agency determines the extended period is in the 
     best interests of national security.

       ``(ii) Payment.--The cost of a public utility services 
     contract for any year may be paid from annual appropriations 
     for that year.''.

     SEC. 513. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR 
                   INTELLIGENCE COMMUNITY CAPABILITIES.

       (a) Assessment Required.--The Director of National 
     Intelligence shall, in consultation with the heads of such 
     other elements of the intelligence community as the Director 
     considers appropriate, conduct an assessment of capabilities 
     identified by the Intelligence Community Continuity Program 
     established pursuant to section E(3) of Intelligence 
     Community Directive 118, or any successor directive, or such 
     other facilities or capabilities as may be determined by the 
     Director to be critical to United States national security, 
     that have unique energy needs--
       (1) to ascertain the feasibility and advisability of using 
     civil nuclear reactors to meet such needs; and
       (2) to identify such additional resources, technologies, 
     infrastructure, or authorities needed, or other potential 
     obstacles, to commence use of a nuclear reactor to meet such 
     needs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     congressional intelligence committees a report, which may be 
     in classified form, on the findings of the Director with 
     respect to the assessment conducted pursuant to subsection 
     (a).

     SEC. 514. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL 
                   INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE 
                   CAPABILITIES.

       (a) In General.--Section 6702 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is 
     amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``subsection (b)'' and inserting 
     ``subsection (c)'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Policies.--
       ``(1) In general.--In carrying out subsection (a)(1), not 
     later than 1 year after the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2024, the 
     Director of National Intelligence, in consultation with the 
     heads of the elements of the intelligence community, shall 
     establish the policies described in paragraph (2).
       ``(2) Policies described.--The policies described in this 
     paragraph are policies for the acquisition, adoption, 
     development, use, coordination, and maintenance of artificial 
     intelligence capabilities that--
       ``(A) establish a lexicon relating to the use of machine 
     learning and artificial intelligence developed or acquired by 
     elements of the intelligence community;
       ``(B) establish guidelines for evaluating the performance 
     of models developed or acquired by elements of the 
     intelligence community, such as by--
       ``(i) specifying conditions for the continuous monitoring 
     of artificial intelligence capabilities for performance, 
     including the conditions for retraining or retiring models 
     based on performance;
       ``(ii) documenting performance objectives, including 
     specifying how performance objectives shall be developed and 
     contractually enforced for capabilities procured from third 
     parties;
       ``(iii) specifying the manner in which models should be 
     audited, as necessary, including the types of documentation 
     that should be provided to any auditor; and
       ``(iv) specifying conditions under which models used by 
     elements of the intelligence community should be subject to 
     testing and evaluation for vulnerabilities to techniques 
     meant to undermine the availability, integrity, or privacy of 
     an artificial intelligence capability;
       ``(C) establish guidelines for tracking dependencies in 
     adjacent systems, capabilities, or processes impacted by the 
     retraining or sunsetting of any model described in 
     subparagraph (B);

[[Page S2768]]

       ``(D) establish documentation requirements for capabilities 
     procured from third parties, aligning such requirements, as 
     necessary, with existing documentation requirements 
     applicable to capabilities developed by elements of the 
     intelligence community and, to the greatest extent possible, 
     with industry standards;
       ``(E) establish standards for the documentation of imputed, 
     augmented, or synthetic data used to train any model 
     developed, procured, or used by an element of the 
     intelligence community; and
       ``(F) provide guidance on the acquisition and usage of 
     models that have previously been trained by a third party for 
     subsequent modification and usage by such an element.
       ``(3) Policy review and revision.--The Director of National 
     Intelligence shall periodically review and revise each policy 
     established under paragraph (1).''.
       (b) Conforming Amendment.--Section 6712(b)(1) of such Act 
     (50 U.S.C. 3024 note) is amended by striking ``section 
     6702(b)'' and inserting ``section 6702(c)''.

     SEC. 515. STRATEGY FOR SUBMITTAL OF NOTICE BY PRIVATE PERSONS 
                   TO FEDERAL AGENCIES REGARDING CERTAIN RISKS AND 
                   THREATS RELATING TO ARTIFICIAL INTELLIGENCE.

       (a) Findings.--Congress finds the following:
       (1) Artificial intelligence systems demonstrate increased 
     capabilities in the generation of synthetic media and 
     computer programming code, and in areas such as object 
     recognition, natural language processing, biological design, 
     and workflow orchestration.
       (2) The growing capabilities of artificial intelligence 
     systems in the areas described in paragraph (1), as well as 
     the greater accessibility of large-scale artificial 
     intelligence models to individuals, businesses, and 
     governments, have dramatically increased the adoption of 
     artificial intelligence products in the United States and 
     globally.
       (3) The advanced capabilities of the systems described in 
     paragraph (1), and their accessibility to a wide range of 
     users, have increased the likelihood and effect of misuse or 
     malfunction of these systems, such as to generate synthetic 
     media for disinformation campaigns, develop or refine malware 
     for computer network exploitation activity, design or develop 
     dual-use biological entities such as toxic small molecules, 
     proteins, or pathogenic organisms, enhance surveillance 
     capabilities in ways that undermine the privacy of citizens 
     of the United States, and increase the risk of exploitation 
     or malfunction of information technology systems 
     incorporating artificial intelligence systems in mission-
     critical fields such as health care, critical infrastructure, 
     and transportation.
       (b) Strategy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall 
     establish a strategy by which vendors and commercial users of 
     artificial intelligence systems, as well as independent 
     researchers and other third parties, may effectively notify 
     appropriate elements of the United States Government of--
       (1) information security risks emanating from artificial 
     intelligence systems, such as the use of an artificial 
     intelligence system to develop or refine malicious software;
       (2) information security risks such as indications of 
     compromise or other threat information indicating a 
     compromise to the confidentiality, integrity, or availability 
     of an artificial intelligence system, or to the supply chain 
     of an artificial intelligence system, including training or 
     test data, frameworks, computing environments, or other 
     components necessary for the training, management, or 
     maintenance of an artificial intelligence system;
       (3) biosecurity risks emanating from artificial 
     intelligence systems, such as the use of an artificial 
     intelligence system to design, develop, or acquire dual-use 
     biological entities such as putatively toxic small molecules, 
     proteins, or pathogenic organisms;
       (4) suspected foreign malign influence (as defined by 
     section 119C of the National Security Act of 1947 (50 U.S.C. 
     3059(f))) activity that appears to be facilitated by an 
     artificial intelligence system; and
       (5) any other unlawful activity facilitated by, or directed 
     at, an artificial intelligence system.
       (c) Elements.--The strategy established pursuant to 
     subsection (b) shall include the following:
       (1) An outline of a plan for Federal agencies to engage in 
     industry outreach and public education on the risks posed by, 
     and directed at, artificial intelligence systems.
       (2) Use of research and development, stakeholder outreach, 
     and risk management frameworks established pursuant to 
     provisions of law in effect on the day before the date of the 
     enactment of this Act or Federal agency guidelines.

                    TITLE VI--WHISTLEBLOWER MATTERS

     SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION 
                   BY WHISTLEBLOWERS IN THE INTELLIGENCE 
                   COMMUNITY.

       (a) Amendments to Chapter 4 of Title 5.--
       (1) Appointment of security officers.--Section 416 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(i) Appointment of Security Officers.--Each Inspector 
     General under this section, including the designees of the 
     Inspector General of the Department of Defense pursuant to 
     subsection (b)(3), shall appoint within their offices 
     security officers to provide, on a permanent basis, 
     confidential, security-related guidance and direction to an 
     employee of their respective establishment, an employee 
     assigned or detailed to such establishment, or an employee of 
     a contractor of such establishment who intends to report to 
     Congress a complaint or information, so that such employee 
     can obtain direction on how to report to Congress in 
     accordance with appropriate security practices.''.
       (2) Procedures.--Subsection (e) of such section is 
     amended--
       (A) in paragraph (1), by inserting ``or any other committee 
     of jurisdiction of the Senate or the House of 
     Representatives'' after ``either or both of the intelligence 
     committees'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the employee may contact an intelligence committee or another 
     committee of jurisdiction directly as described in paragraph 
     (1) of this subsection or in subsection (b)(4) only if the 
     employee--
       ``(i) before making such a contact, furnishes to the head 
     of the establishment, through the Inspector General (or 
     designee), a statement of the employee's complaint or 
     information and notice of the employee's intent to contact an 
     intelligence committee or another committee of jurisdiction 
     of the Senate or the House of Representatives directly; and
       ``(ii)(I) obtains and follows, from the head of the 
     establishment, through the Inspector General (or designee), 
     procedural direction on how to contact an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives in accordance with 
     appropriate security practices; or
       ``(II) obtains and follows such procedural direction from 
     the applicable security officer appointed under subsection 
     (i).
       ``(B) Lack of procedural direction.--If an employee seeks 
     procedural direction under subparagraph (A)(ii) and does not 
     receive such procedural direction within 30 days, or receives 
     insufficient direction to report to Congress a complaint or 
     information, the employee may contact an intelligence 
     committee or any other committee of jurisdiction of the 
     Senate or the House of Representatives directly without 
     obtaining or following the procedural direction otherwise 
     required under such subparagraph.''; and
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Committee members and staff.--An employee of an 
     element of the intelligence community who intends to report 
     to Congress a complaint or information may report such 
     complaint or information to the Chairman and Vice Chairman or 
     Ranking Member, as the case may be, of an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives, a nonpartisan member of the 
     committee staff designated for purposes of receiving 
     complaints or information under this section, or a member of 
     the majority staff and a member of the minority staff of the 
     committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subsection (b) of such section is amended by 
     adding at the end the following:
       ``(4) Clarification of right to report directly to 
     congress.--Subject to paragraphs (2) and (3) of subsection 
     (e), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--
       ``(A) in lieu of reporting such complaint or information 
     under paragraph (1); or
       ``(B) in addition to reporting such complaint or 
     information under paragraph (1).''.
       (b) Amendments to National Security Act of 1947.--
       (1) Appointment of security officers.--Section 103H(j) of 
     the National Security Act of 1947 (50 U.S.C. 3033(j)) is 
     amended by adding at the end the following:
       ``(5) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of 
     such Act (50 U.S.C. 3033(k)(5)) is amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the congressional intelligence 
     committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact a congressional intelligence committee or another 
     committee of jurisdiction directly as described in clause (i) 
     only if the employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact a congressional intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives directly; and

[[Page S2769]]

       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     a congressional intelligence committee or another committee 
     of jurisdiction of the Senate or the House of Representatives 
     in accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact a congressional intelligence committee 
     or any other committee of jurisdiction of the Senate or the 
     House of Representatives directly without obtaining or 
     following the procedural direction otherwise required under 
     such subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of an element of the intelligence 
     community who intends to report to Congress a complaint or 
     information may report such complaint or information to the 
     Chairman and Vice Chairman or Ranking Member, as the case may 
     be, of a congressional intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives, a nonpartisan member of the committee staff 
     designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (c) Amendments to the Central Intelligence Agency Act of 
     1949.--
       (1) Appointment of security officers.--Section 17(d)(5) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)) is amended by adding at the end the following:
       ``(I) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of such section is 
     amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the intelligence committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact an intelligence committee or another committee of 
     jurisdiction directly as described in clause (i) only if the 
     employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives directly; and
       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     an intelligence committee or another committee of 
     jurisdiction of the Senate or the House of Representatives in 
     accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact an intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives directly without obtaining or following the 
     procedural direction otherwise required under such 
     subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information to the Chairman and Vice Chairman or Ranking 
     Member, as the case may be, of an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives, a nonpartisan member of the committee 
     staff designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information directly to Congress, regardless of whether 
     the complaint or information is with respect to an urgent 
     concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (d) Rule of Construction.--Nothing in this section or an 
     amendment made by this section shall be construed to revoke 
     or diminish any right of an individual provided by section 
     2303 of title 5, United States Code.

     SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER 
                   IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER 
                   DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Section 1104 of the National Security Act 
     of 1947 (50 U.S.C. 3234) is amended--
       (1) in subsection (a)(3) of such section--
       (A) in subparagraph (I), by striking ``; or'' and inserting 
     a semicolon;
       (B) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (C) by inserting after subparagraph (I) the following:
       ``(J) a knowing and willful disclosure revealing the 
     identity or other personally identifiable information of an 
     employee or contractor employee so as to identify the 
     employee or contractor employee as an employee or contractor 
     employee who has made a lawful disclosure described in 
     subsection (b) or (c); or'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (3) by inserting after subsection (e) the following:
       ``(f) Personnel Actions Involving Disclosure of 
     Whistleblower Identity.--A personnel action described in 
     subsection (a)(3)(J) shall not be considered to be in 
     violation of subsection (b) or (c) under the following 
     circumstances:
       ``(1) The personnel action was taken with the express 
     consent of the employee or contractor employee.
       ``(2) An Inspector General with oversight responsibility 
     for a covered intelligence community element determines 
     that--
       ``(A) the personnel action was unavoidable under section 
     103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section 
     17(e)(3)(A) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, United 
     States Code, or section 420(b)(2)(B) of such title;
       ``(B) the personnel action was made to an official of the 
     Department of Justice responsible for determining whether a 
     prosecution should be undertaken; or
       ``(C) the personnel action was required by statute or an 
     order from a court of competent jurisdiction.''.
       (b) Applicability to Detailees.--Subsection (a) of section 
     1104 of such Act (50 U.S.C. 3234) is amended by adding at the 
     end the following:
       ``(5) Employee.--The term `employee', with respect to an 
     agency or a covered intelligence community element, includes 
     an individual who has been detailed to such agency or covered 
     intelligence community element.''.
       (c) Private Right of Action for Unlawful Disclosure of 
     Whistleblower Identity.--Subsection (g) of such section, as 
     redesignated by subsection (a)(2) of this section, is amended 
     to read as follows:
       ``(g) Enforcement.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the President shall provide for the enforcement 
     of this section.
       ``(2) Harmonization with other enforcement.--To the fullest 
     extent possible, the President shall provide for enforcement 
     of this section in a manner that is consistent with the 
     enforcement of section 2302(b)(8) of title 5, United States 
     Code, especially with respect to policies and procedures used 
     to adjudicate alleged violations of such section.
       ``(3) Private right of action for disclosures of 
     whistleblower identity in violation of prohibition against 
     reprisals.--Subject to paragraph (4), in a case in which an 
     employee of an agency takes a personnel action described in 
     subsection (a)(3)(J) against an employee of a covered 
     intelligence community element as a reprisal in violation of 
     subsection (b) or in a case in which an employee or 
     contractor employee takes a personnel action described in 
     subsection (a)(3)(J) against another contractor employee as a 
     reprisal in violation of subsection (c), the employee or 
     contractor employee against whom the personnel action was 
     taken may, consistent with section 1221 of title 5, United 
     States Code, bring a private action for all appropriate 
     remedies, including injunctive relief and compensatory and 
     punitive damages, in an amount not to exceed $250,000, 
     against the agency of the employee or contracting agency of 
     the contractor employee who took the personnel action, in a 
     Federal district court of competent jurisdiction.
       ``(4) Requirements.--
       ``(A) Review by inspector general and by external review 
     panel.--Before the employee or contractor employee may bring 
     a

[[Page S2770]]

     private action under paragraph (3), the employee or 
     contractor employee shall exhaust administrative remedies 
     by--
       ``(i) first, obtaining a disposition of their claim by 
     requesting review by the appropriate inspector general; and
       ``(ii) second, if the review under clause (i) does not 
     substantiate reprisal, by submitting to the Inspector General 
     of the Intelligence Community a request for a review of the 
     claim by an external review panel under section 1106.
       ``(B) Period to bring action.--The employee or contractor 
     employee may bring a private right of action under paragraph 
     (3) during the 180-day period beginning on the date on which 
     the employee or contractor employee is notified of the final 
     disposition of their claim under section 1106.''.

     SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY 
                   CLEARANCE AND ACCESS DETERMINATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Contributing factor.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

     SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR 
                   RETALIATORY REVOCATION OF SECURITY CLEARANCES 
                   AND ACCESS DETERMINATIONS.

       Section 3001(j)(4)(B) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is 
     amended, in the second sentence, by striking ``not to exceed 
     $300,000''.

     SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

       (a) Modification of Frequency of Whistleblower 
     Notifications to Inspector General of the Intelligence 
     Community.--Section 5334(a) of the Damon Paul Nelson and 
     Matthew Young Pollard Intelligence Authorization Act for 
     Fiscal Years 2018, 2019, and 2020 (Public Law 116-92; 50 
     U.S.C. 3033 note) is amended by striking ``in real time'' and 
     inserting ``monthly''.
       (b) Repeal of Requirement for Inspectors General Reviews of 
     Enhanced Personnel Security Programs.--
       (1) In general.--Section 11001 of title 5, United States 
     Code, is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) Technical corrections.--Subsection (d) of section 11001 
     of such title, as redesignated by paragraph (1)(B), is 
     amended--
       (A) in paragraph (3), by adding ``and'' after the semicolon 
     at the end; and
       (B) in paragraph (4), by striking ``; and'' and inserting a 
     period.

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

                  CHAPTER 1--SHORT TITLE; DEFINITIONS

     SEC. 701. SHORT TITLE.

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

     SEC. 702. DEFINITIONS.

       Title VIII of the National Security Act of 1947 (50 U.S.C. 
     3161 et seq.) is amended--
       (1) in the title heading by striking ``ACCESS TO CLASSIFIED 
     INFORMATION PROCEDURES'' and inserting ``PROTECTION OF 
     NATIONAL SECURITY INFORMATION'';
       (2) in the matter before section 801, by inserting the 
     following:

                       ``Subtitle A--Definitions

     ``SEC. 800. DEFINITIONS.

       ``In this title:
       ``(1) Agency.--The term `agency' means any Executive agency 
     as defined in section 105 of title 5, United States Code, any 
     military department as defined in section 102 of such title, 
     and any other entity in the executive branch of the Federal 
     Government that comes into the possession of classified 
     information.
       ``(2) Authorized investigative agency.--The term 
     `authorized investigative agency' means an agency authorized 
     by law or regulation to conduct a counterintelligence 
     investigation or investigations of persons who are proposed 
     for access to classified information to ascertain whether 
     such persons satisfy the criteria for obtaining and retaining 
     access to such information.
       ``(3) Classify, classified, classification.--The terms 
     `classify', `classified', and `classification' refer to the 
     process by which information is determined to require 
     protection from unauthorized disclosure pursuant to this 
     title in order to protect the national security of the United 
     States.
       ``(4) Classified information.--The term `classified 
     information' means information that has been classified.
       ``(5) Computer.--The term `computer' means any electronic, 
     magnetic, optical, electrochemical, or other high-speed data 
     processing device performing logical, arithmetic, or storage 
     functions, and includes any data storage facility or 
     communications facility directly related to or operating in 
     conjunction with such device and any data or other 
     information stored or contained in such device.
       ``(6) Consumer reporting agency.--The term `consumer 
     reporting agency' has the meaning given such term in section 
     603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).
       ``(7) Declassify, declassified, declassification.--The 
     terms `declassify', `declassified', and `declassification' 
     refer to the process by which information that has been 
     classified is determined to no longer require protection from 
     unauthorized disclosure pursuant to this title.
       ``(8) Document.--The term `document' means any recorded 
     information, regardless of the nature of the medium or the 
     method or circumstances of recording.
       ``(9) Employee.--The term `employee' includes any person 
     who receives a salary or compensation of any kind from the 
     United States Government, is a contractor of the United 
     States Government or an employee thereof, is an unpaid 
     consultant of the United States Government, or otherwise acts 
     for or on behalf of the United States Government, except as 
     otherwise determined by the President.
       ``(10) Executive agent for classification and 
     declassification.--The term `Executive Agent for 
     Classification and Declassification' means the Executive 
     Agent for Classification and Declassification established by 
     section 811(a).
       ``(11) Financial agency and holding company.--The terms 
     `financial agency' and `financial institution' have the 
     meanings given to such terms in section 5312(a) of title 31, 
     United States Code, and the term `holding company' has the 
     meaning given to such term in section 1101(6) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3401).
       ``(12) Foreign power and agent of a foreign power.--The 
     terms `foreign power' and `agent of a foreign power' have the 
     meanings given such terms in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
       ``(13) Information.--The term `information' means any 
     knowledge that can be communicated, or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the United States Government.
       ``(14) Information security oversight office.--The term 
     `Information Security Oversight Office' means the Information 
     Security Oversight Office established by section 814(a).
       ``(15) Original classification authority.--The term 
     `original classification authority' means an individual 
     authorized in writing, either by the President, the Vice 
     President, or by agency heads or other officials designated 
     by the President, to classify information in the first 
     instance.
       ``(16) Records.--The term `records' means the records of an 
     agency and Presidential papers or Presidential records, as 
     those terms are defined in title 44, United States Code, 
     including those created or maintained by a government 
     contractor, licensee, certificate holder, or grantee that are 
     subject to the sponsoring agency's control under the terms of 
     the contract, license, certificate, or grant.
       ``(17) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau, 
     and any other possession of the United States.

    ``Subtitle B--Access to Classified Information Procedures''; and

       (3) by striking section 805.

  CHAPTER 2--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY 
                         CLASSIFICATION SYSTEM

     SEC. 711. EXECUTIVE AGENT FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

       Title VIII of the National Security Act of 1947 (50 U.S.C. 
     3161 et seq.), as amended by section 702, is further amended 
     by adding at the end the following:

            ``Subtitle C--Security Classification Governance

     ``SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

       ``(a) Establishment.--There is in the executive branch of 
     the Federal Government an Executive Agent for Classification 
     and Declassification who shall be responsible for promoting 
     programs, processes, and systems relating to classification 
     and declassification, including developing technical 
     solutions for automating declassification review and 
     directing resources for such purposes in the Federal 
     Government.

[[Page S2771]]

       ``(b) Designation.--The Director of National Intelligence 
     shall serve as the Executive Agent for Classification and 
     Declassification.
       ``(c) Duties.--The duties of the Executive Agent for 
     Classification and Declassification are as follows:
       ``(1) To promote classification and declassification 
     programs, processes, and systems with the goal of ensuring 
     that declassification activities keep pace with 
     classification activities and that classified information is 
     declassified at such time as it no longer meets the standard 
     for classification.
       ``(2) To promote classification and declassification 
     programs, processes, and systems that ensure secure 
     management of and tracking of classified records.
       ``(3) To promote the establishment of a federated 
     classification and declassification system to streamline, 
     modernize, and oversee declassification across agencies.
       ``(4) To direct resources to develop, coordinate, and 
     implement a federated classification and declassification 
     system that includes technologies that automate 
     declassification review and promote consistency in 
     declassification determinations across the executive branch 
     of the Federal Government.
       ``(5) To work with the Director of the Office of Management 
     and Budget in developing a line item for classification and 
     declassification in each budget of the President that is 
     submitted for a fiscal year under section 1105(a) of title 
     31, United States Code.
       ``(6) To identify and support the development of--
       ``(A) best practices for classification and 
     declassification among agencies; and
       ``(B) goal-oriented classification and declassification 
     pilot programs.
       ``(7) To promote and implement technological and automated 
     solutions relating to classification and declassification, 
     with human input as necessary for key policy decisions.
       ``(8) To promote feasible, sustainable, and interoperable 
     programs and processes to facilitate a federated 
     classification and declassification system.
       ``(9) To direct the implementation across agencies of the 
     most effective programs and approaches relating to 
     classification and declassification.
       ``(10) To establish, oversee, and enforce acquisition and 
     contracting policies relating to classification and 
     declassification programs.
       ``(11) In coordination with the Information Security 
     Oversight Office--
       ``(A) to issue policies and directives to the heads of 
     agencies relating to directing resources and making 
     technological investments in classification and 
     declassification that include support for a federated system;
       ``(B) to ensure implementation of the policies and 
     directives issued under subparagraph (A);
       ``(C) to collect information on classification and 
     declassification practices and policies across agencies, 
     including training, accounting, challenges to effective 
     declassification, and costs associated with classification 
     and declassification;
       ``(D) to develop policies for ensuring the accuracy of 
     information obtained from Federal agencies; and
       ``(E) to develop accurate and relevant metrics for judging 
     the success of classification and declassification policies 
     and directives.
       ``(12) To work with appropriate agencies to oversee the 
     implementation of policies, procedures, and processes 
     governing the submission of materials for pre-publication 
     review by persons obligated to submit materials for such 
     review by the terms of a nondisclosure agreement signed in 
     accordance with Executive Order 12968 (50 U.S.C. 3161 note; 
     relating to access to classified information), or successor 
     order, and to ensure such policies, procedures, and 
     processes--
       ``(A) include clear and consistent guidance on materials 
     that must be submitted and the mechanisms for making such 
     submissions;
       ``(B) produce timely and consistent determinations across 
     agencies; and
       ``(C) incorporate mechanisms for the timely appeal of such 
     determinations.
       ``(d) Consultation With Executive Committee on 
     Classification and Declassification Programs and 
     Technology.--In making decisions under this section, the 
     Executive Agent for Classification and Declassification shall 
     consult with the Executive Committee on Classification and 
     Declassification Programs and Technology established under 
     section 102(a).
       ``(e) Coordination With the National Declassification 
     Center.--In implementing a federated classification and 
     declassification system, the Executive Agent for 
     Classification and Declassification shall act in coordination 
     with the National Declassification Center established by 
     section 3.7(a) of Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order.
       ``(f) Standards and Directives of the Information Security 
     Oversight Office.--The programs, policies, and systems 
     promoted by the Executive Agent for Classification and 
     Declassification shall be consistent with the standards and 
     directives established by the Information Security Oversight 
     Office.
       ``(g) Annual Report.--
       ``(1) In general.--Not later than the end of the first full 
     fiscal year beginning after the date of the enactment of the 
     Classification Reform Act of 2023 and not less frequently 
     than once each fiscal year thereafter, the Executive Agent 
     for Classification and Declassification shall submit to 
     Congress and make available to the public a report on the 
     implementation of classification and declassification 
     programs and processes in the most recently completed fiscal 
     year.
       ``(2) Coordination.--Each report submitted and made 
     available under paragraph (1) shall be coordinated with the 
     annual report of the Information Security Oversight Office 
     issued pursuant to section 814(d).
       ``(3) Contents.--Each report submitted and made available 
     under subsection (a) shall include, for the period covered by 
     the report, the following:
       ``(A) The costs incurred by the Federal Government for 
     classification and declassification.
       ``(B) A description of information systems of the Federal 
     Government and technology programs, processes, and systems of 
     agencies related to classification and declassification.
       ``(C) A description of the policies and directives issued 
     by the Executive Agent for Classification and 
     Declassification and other activities of the Executive Agent 
     for Classification and Declassification.
       ``(D) A description of the challenges posed to agencies in 
     implementing the policies and directives of the Executive 
     Agent for Classification and Declassification as well as 
     relevant implementing policies of the agencies.
       ``(E) A description of pilot programs and new investments 
     in programs, processes, and systems relating to 
     classification and declassification and metrics of 
     effectiveness for such programs, processes, and systems.
       ``(F) A description of progress and challenges in achieving 
     the goal described in (c)(1).
       ``(h) Funding.--There are authorized to be appropriated to 
     carry out this section amounts as follows:
       ``(1) $5,000,000 for fiscal year 2024.
       ``(2) For fiscal year 2025 and each fiscal year thereafter, 
     such sums as may be necessary to carry out this section.''.

     SEC. 712. EXECUTIVE COMMITTEE ON CLASSIFICATION AND 
                   DECLASSIFICATION PROGRAMS AND TECHNOLOGY.

       Subtitle C of title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.), as added by section 711, is 
     further amended by adding at the end the following:

     ``SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION AND 
                   DECLASSIFICATION PROGRAMS AND TECHNOLOGY.

       ``(a) Establishment.--There is established a committee to 
     provide direction, advice, and guidance to the Executive 
     Agent for Classification and Declassification on matters 
     relating to classification and declassification programs and 
     technology.
       ``(b) Designation.--The committee established by subsection 
     (a) shall be known as the `Executive Committee on 
     Classification and Declassification Programs and Technology' 
     (in this section referred to as the `Committee').
       ``(c) Membership.--
       ``(1) Composition.--The Committee shall be composed of the 
     following:
       ``(A) The Director of National Intelligence.
       ``(B) The Under Secretary of Defense for Intelligence.
       ``(C) The Secretary of Energy.
       ``(D) The Secretary of State.
       ``(E) The Director of the National Declassification Center.
       ``(F) The Director of the Information Security Oversight 
     Board.
       ``(G) The Director of the Office of Management and Budget.
       ``(H) Such other members as the Executive Agent for 
     Classification and Declassification considers appropriate.
       ``(2) Chairperson.--The President shall appoint the 
     chairperson of the Committee.''.

     SEC. 713. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 
                   CLASSIFICATION AND DECLASSIFICATION.

       Subtitle C of title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.), as added by section 711 and 
     amended by section 712, is further amended by adding at the 
     end the following:

     ``SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 
                   CLASSIFICATION AND DECLASSIFICATION.

       ``The following are hereby advisory bodies for the 
     Executive Agent for Classification and Declassification:
       ``(1) The Public Interest Declassification Board 
     established by section 703(a) of the Public Interest 
     Declassification Act of 2000 (Public Law 106-567).
       ``(2) The Office of the Historian of the Department of 
     State.
       ``(3) The Historical Office of the Secretary of Defense.
       ``(4) The Office of the Chief Historian of the Central 
     Intelligence Agency.''.

     SEC. 714. INFORMATION SECURITY OVERSIGHT OFFICE.

       Subtitle C of title VIII of the National Security Act of 
     1947 (50 U.S.C. 3161 et seq.), as added by section 711 and 
     amended by sections 712 and 713, is further amended by adding 
     at the end the following:

     ``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.

       ``(a) Establishment.--
       ``(1) In general.--There is hereby established in the 
     executive branch of the Federal Government an office to 
     ensure the Government protects and provides proper access to 
     information to advance the national and public interest by 
     standardizing and assessing the management of classified and 
     controlled unclassified information through oversight, policy 
     development, guidance, education, and reporting.

[[Page S2772]]

       ``(2) Designation.--The office established by paragraph (1) 
     shall be known as the `Information Security Oversight Office' 
     (in this section referred to as the `Office').
       ``(b) Director.--There is in the Office a director who 
     shall be the head of the Office and who shall be appointed by 
     the President.
       ``(c) Duties.--The duties of the director of the Office, 
     which the director shall carry out in coordination with the 
     Executive Agent for Classification and Declassification, are 
     as follows:
       ``(1) To develop directives to implement a uniform system 
     across the United States Government for classifying, 
     safeguarding, declassifying, and downgrading of national 
     security information.
       ``(2) To oversee implementation of such directives by 
     agencies through establishment of strategic goals and 
     objectives and periodic assessment of agency performance vis-
     a-vis such goals and objectives.
       ``(d) Annual Report.--Each fiscal year, the director of the 
     Office shall submit to Congress a report on the execution of 
     the duties of the director under subsection (c).
       ``(e) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this section 
     amounts as follows:
       ``(A) $5,000,000 for fiscal year 2024.
       ``(B) For fiscal year 2025 and each fiscal year thereafter, 
     such sums as may be necessary to carry out this section.
       ``(2) Budget estimates.--In each budget that the President 
     submits to Congress for a fiscal year under section 1105(a) 
     of title 31, United States Code, the President shall include 
     an estimate of the amounts required to carry out this section 
     in that fiscal year.''.

                 CHAPTER 3--REDUCING OVERCLASSIFICATION

     SEC. 721. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

       (a) In General.--Title VIII of the National Security Act of 
     1947, as amended by chapter 2 of this subtitle, is further 
     amended by adding at the end the following:

           ``Subtitle D--Classification and Declassification

     ``SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF 
                   INFORMATION.

       ``(a) In General.--The President may, in accordance with 
     this title, protect from unauthorized disclosure any 
     information owned by, produced by or for, or under the 
     control of the executive branch when there is a demonstrable 
     need to do so in order to protect the national security of 
     the United States.
       ``(b) Establishment of Standards and Procedures for 
     Classification and Declassification.--
       ``(1) Governmentwide procedures.--
       ``(A) Classification.--The President shall, to the extent 
     necessary, establish categories of information that may be 
     classified and procedures for classifying information under 
     subsection (a).
       ``(B) Declassification.--At the same time the President 
     establishes categories and procedures under subparagraph (A), 
     the President shall establish procedures for declassifying 
     information that was previously classified.
       ``(C) Minimum requirements.--The procedures established 
     pursuant to subparagraphs (A) and (B) shall--
       ``(i) permit the classification of information only in 
     cases in which the information meets the standard set forth 
     in subsection (c) and require the declassification of 
     information that does not meet such standard;
       ``(ii) provide for no more than two levels of 
     classification;
       ``(iii) provide for the declassification of information 
     classified under this title in accordance with subsection 
     (d);
       ``(iv) provide for the automatic declassification of 
     classified records with permanent historical value in 
     accordance with subsection (e); and
       ``(v) provide for the timely review of materials submitted 
     for pre-publication review in accordance with subsection (g).
       ``(2) Notice and comment.--
       ``(A) Notice.--The President shall publish in the Federal 
     Register notice regarding the categories and procedures 
     proposed to be established under paragraph (1).
       ``(B) Comment.--The President shall provide an opportunity 
     for interested persons to submit comments on the categories 
     and procedures covered by subparagraph (A).
       ``(C) Deadline.--The President shall complete the 
     establishment of categories and procedures under this 
     subsection not later than 60 days after publishing notice in 
     the Federal Register under subparagraph (A). Upon completion 
     of the establishment of such categories and procedures, the 
     President shall publish in the Federal Register notice 
     regarding such categories and procedures.
       ``(3) Modification.--In the event the President determines 
     to modify any categories or procedures established under 
     paragraph (1), subparagraphs (A) and (B) of paragraph (2) 
     shall apply to the modification of such categories or 
     procedures.
       ``(4) Agency standards and procedures.--
       ``(A) In general.--The head of each agency shall establish 
     a single set of consolidated standards and procedures to 
     permit such agency to classify and declassify information 
     created by such agency in accordance with the categories and 
     procedures established by the President under this section 
     and otherwise to carry out this title.
       ``(B) Deadline.--Each agency head shall establish the 
     standards and procedures under subparagraph (A) not later 
     than 60 days after the date on which the President publishes 
     notice under paragraph (2)(C) of the categories and standards 
     established by the President under this subsection.
       ``(C) Submittal to congress.--Each agency head shall submit 
     to Congress the standards and procedures established by such 
     agency head under this paragraph.
       ``(c) Standard for Classification and Declassification.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     information may be classified under this title, and 
     classified information under review for declassification 
     under this title may remain classified, only if the harm to 
     national security that might reasonably be expected from 
     disclosure of such information outweighs the public interest 
     in disclosure of such information.
       ``(2) Default rules.--
       ``(A) Default with respect to classification.--In the event 
     of significant doubt as to whether the harm to national 
     security that might reasonably be expected from the 
     disclosure of information would outweigh the public interest 
     in the disclosure of such information, such information shall 
     not be classified.
       ``(B) Default with respect to declassification.--In the 
     event of significant doubt as to whether the harm to national 
     security that might reasonably be expected from the 
     disclosure of information previously classified under this 
     title would outweigh the public interest in the disclosure of 
     such information, such information shall be declassified.
       ``(3) Criteria.--For purposes of this subsection, in 
     determining the harm to national security that might 
     reasonably be expected from disclosure of information, and 
     the public interest in the disclosure of information, the 
     official making the determination shall consider the 
     following:
       ``(A) With regard to the harm to national security that 
     might reasonably be expected from disclosure of information, 
     whether or not disclosure of the information would--
       ``(i) reveal the identity of a confidential human source, 
     or reveal information about the application of an 
     intelligence source or method, or reveal the identity of a 
     human intelligence source when the unauthorized disclosure of 
     that source would clearly and demonstrably damage the 
     national security interests of the United States;
       ``(ii) reveal information that would assist in the 
     development or use of weapons of mass destruction;
       ``(iii) reveal information that would impair United States 
     cryptologic systems or activities;
       ``(iv) reveal information that would impair the application 
     of state-of-the-art technology within a United States weapons 
     system;
       ``(v) reveal actual United States military war plans that 
     remain in effect;
       ``(vi) reveal information that would seriously and 
     demonstrably impair relations between the United States and a 
     foreign government, or seriously and demonstrably undermine 
     ongoing diplomatic activities of the United States;
       ``(vii) reveal information that would clearly and 
     demonstrably impair the current ability of United States 
     Government officials to protect the President, Vice 
     President, and other officials for whom protection services, 
     in the interest of national security, are authorized;
       ``(viii) reveal information that would seriously and 
     demonstrably impair current national security emergency 
     preparedness plans; or
       ``(ix) violate a statute, treaty, or international 
     agreement.
       ``(B) With regard to the public interest in disclosure of 
     information--
       ``(i) whether or not disclosure of the information would 
     better enable United States citizens to hold Government 
     officials accountable for their actions and policies;
       ``(ii) whether or not disclosure of the information would 
     assist the United States criminal justice system in holding 
     persons responsible for criminal acts or acts contrary to the 
     Constitution;
       ``(iii) whether or not disclosure of the information would 
     assist Congress, or any committee or subcommittee thereof, in 
     carrying out its oversight responsibilities with regard to 
     the executive branch or in adequately informing itself of 
     executive branch policies and activities in order to carry 
     out its legislative responsibilities;
       ``(iv) whether the disclosure of the information would 
     assist Congress or the public in understanding the 
     interpretation of the Federal Government of a provision of 
     law, including Federal regulations, Presidential directives, 
     statutes, case law, and the Constitution of the United 
     States; or
       ``(v) whether or not disclosure of the information would 
     bring about any other significant benefit, including an 
     increase in public awareness or understanding of Government 
     activities or an enhancement of Government efficiency.
       ``(4) Written justification for classification.--
       ``(A) Original classification.--Each agency official who 
     makes a decision to classify information not previously 
     classified shall, at the time of the classification 
     decision--
       ``(i) identify himself or herself; and
       ``(ii) provide in writing a detailed justification of that 
     decision.
       ``(B) Derivative classification.--In any case in which an 
     agency official or contractor employee classifies a document 
     on the basis of information previously classified

[[Page S2773]]

     that is included or referenced in the document, the official 
     or employee, as the case may be, shall--
       ``(i) identify himself or herself in that document; and
       ``(ii) use a concise notation, or similar means, to 
     document the basis for that decision.
       ``(5) Classification prohibitions and limitations.--
       ``(A) In general.--In no case shall information be 
     classified, continue to be maintained as classified, or fail 
     to be declassified in order--
       ``(i) to conceal violations of law, inefficiency, or 
     administrative error;
       ``(ii) to prevent embarrassment to a person, organization, 
     or agency;
       ``(iii) to restrain competition; or
       ``(iv) to prevent or delay the release of information that 
     does not require protection in the interest of national 
     security.
       ``(B) Basic scientific research.--Basic scientific research 
     information not clearly related to national security shall 
     not be classified.
       ``(C) Reclassification.--Information may not be 
     reclassified after being declassified and release to the 
     public under proper authority unless personally approved by 
     the President based on a determination that such 
     reclassification is required to prevent significant and 
     demonstrable damage to national security;
       ``(d) Declassification of Information Classified Under 
     Act.--
       ``(1) In general.--No information may remain classified 
     indefinitely.
       ``(2) Maximum period of classification.--Except as provided 
     in paragraphs (3), (4), and (5), information may not remain 
     classified under this title after the date that is 25 years 
     after the date of the original classification of the 
     information.
       ``(3) Earlier declassification.--When classifying 
     information under this title, an agency official may provide 
     for the declassification of the information as of a date or 
     event that is earlier than the date otherwise provided for 
     under paragraph (2).
       ``(4) Later declassification.--When classifying information 
     under this title, an agency official may provide for the 
     declassification of the information on the date that is 50 
     years after the date of the classification if the head of the 
     agency--
       ``(A) determines that there is no likely set of 
     circumstances under which declassification would occur within 
     the time otherwise provided for under paragraph (2);
       ``(B)(i) obtains the concurrence of the director of the 
     Information Security Oversight Office in the determination; 
     or
       ``(ii) seeks but is unable to obtain concurrence under 
     clause (i), obtains the concurrence of the President; and
       ``(C) submits to the President a certification of the 
     determination.
       ``(5) Postponement of declassification.--
       ``(A) In general.--The declassification of any information 
     or category of information that would otherwise be 
     declassified under paragraph (2) or (4) may be postponed, but 
     only with the personal approval of the President based on a 
     determination that such postponement is required to prevent 
     significant and demonstrable damage to the national security 
     of the United States.
       ``(B) General duration of postponement.--Information the 
     declassification of which is postponed under this paragraph 
     may remain classified not longer than 10 years after the date 
     of the postponement, unless such classification is renewed by 
     the President.
       ``(C) Congressional notification.--Within 30 days of any 
     postponement or renewal of a postponement under this 
     paragraph, the President shall provide written notification 
     to Congress of such postponement or renewal that describes 
     the significant and demonstrable damage to the national 
     security of the United States that justifies such 
     postponement or renewal.
       ``(6) Basis for determinations.--An agency official making 
     a determination under this subsection with respect to the 
     duration of classification of information, or the 
     declassification of information, shall make the determination 
     required under subsection (c) with respect to classification 
     or declassification in accordance with an assessment of the 
     criteria specified in paragraph (3) of such subsection (c) 
     that is current as of the determination.
       ``(e) Automatic Declassification of Classified Records.--
       ``(1) In general.--Except as provided in paragraph (2), all 
     classified records that are more than 50 years old and have 
     been determined to have permanent historical value under 
     title 44, United States Code, shall be automatically 
     declassified on December 31 of the year that is 50 years 
     after the date on which the records were created, whether or 
     not the records have been reviewed.
       ``(2) Postponement.--
       ``(A) Agency postponement.--The head of an agency may 
     postpone automatic declassification under paragraph (1) of 
     specific records or information, or renew a period of 
     postponed automatic declassification, if the agency head 
     determines that disclosure of the records or information 
     would clearly and demonstrably be expected--
       ``(i) to reveal the identity of a confidential human source 
     or a human intelligence source; or
       ``(ii) to reveal information that would assist in the 
     development, production, or use of weapons of mass 
     destruction.
       ``(B) Presidential postponement.--The President may 
     postpone automatic declassification under paragraph (1) of 
     specific records or information if the President determines 
     that such postponement is required to prevent significant and 
     demonstrable damage to the national security of the United 
     States.
       ``(C) General duration of postponement.--A period of 
     postponement of automatic declassification under this 
     paragraph shall not exceed 10 years after the date of the 
     postponement, unless renewed by the agency head who postponed 
     the automatic declassification or the President.
       ``(D) Congressional notification.--Within 30 days of any 
     postponement or renewal of a postponement under this 
     paragraph, the President or the head of the agency 
     responsible for the postponement shall provide written 
     notification to Congress of such postponement or renewal that 
     describes the justification for such postponement or renewal.
       ``(f) Declassification of Current Classified Information.--
       ``(1) Procedures.--The President shall establish procedures 
     for declassifying information that was classified before the 
     date of the enactment of the Classification Reform Act of 
     2023. Such procedures shall, to the maximum extent 
     practicable, be consistent with the provisions of this 
     section.
       ``(2) Automatic declassification.--The procedures 
     established under paragraph (1) shall include procedures for 
     the automatic declassification of information referred to in 
     paragraph (1) that has remained classified for more than 25 
     years as of such date.
       ``(3) Notice and comment.--
       ``(A) Notice.--The President shall publish notice in the 
     Federal Register of the procedures proposed to be established 
     under this subsection.
       ``(B) Comment.--The President shall provide an opportunity 
     for interested persons to submit comments on the procedures 
     covered by subparagraph (A).
       ``(C) Deadline.--The President shall complete the 
     establishment of procedures under this subsection not later 
     than 60 days after publishing notice in the Federal Register 
     under subparagraph (A). Upon completion of the establishment 
     of such procedures, the President shall publish in the 
     Federal Register notice regarding such procedures.
       ``(g) Pre-publication Review.--
       ``(1) In general.--The head of each agency that requires 
     personnel to sign a nondisclosure agreement in accordance 
     with Executive Order 12968 (50 U.S.C. 3161 note; relating to 
     access to classified information), or successor order, 
     providing for the submittal of materials for pre-publication 
     review, shall establish a process for the timely review of 
     such materials consistent with the requirements of this 
     title.
       ``(2) Requirements.--Each process established under 
     paragraph (1) shall include the following:
       ``(A) Clear guidance on materials required to be submitted 
     and the means of submission.
       ``(B) Mechanisms for ensuring consistent decision making 
     across multiple agencies.
       ``(C) Mechanisms for appeal of decisions made in the course 
     of the review process.
       ``(3) Centralized appeal.--The President shall establish a 
     mechanism for centralized appeal of agency decisions made 
     pursuant to this subsection.''.
       (b) Conforming Amendment to FOIA.--Section 552(b)(1) of 
     title 5, United States Code, is amended to read as follows:
       ``(1)(A) specifically authorized to be classified under the 
     title VIII of the National Security Act of 1947, or 
     specifically authorized under criteria established by an 
     Executive order to be kept secret in the interest of national 
     security; and
       ``(B) are in fact properly classified pursuant to that 
     title or Executive order;''.
       (c) Effective Date.--
       (1) In general.--Section 821 of the National Security Act 
     of 1947, as added by subsection (a), and the amendment made 
     by subsection (b), shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Relation to presidential directives.--Presidential 
     directives regarding classifying, safeguarding, and 
     declassifying national security information, including 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, in effect on the day before the date of the enactment 
     of this Act, as well as procedures issued pursuant to such 
     Presidential directives, shall remain in effect until 
     superseded by procedures issues pursuant to section 821 of 
     the National Security Act of 1947, as added by subsection 
     (a).

     SEC. 722. DECLASSIFICATION WORKING CAPITAL FUNDS.

       Subtitle D of title VIII of the National Security Act of 
     1947, as added by section 721, is amended by adding at the 
     end the following:

     ``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.

       ``(a) Definition of Covered Agency.--In this section, the 
     term `covered agency' means an agency that has original 
     classification authority.
       ``(b) Programs Required.--Not later than 90 days after the 
     date of the enactment of the Classification Reform Act of 
     2023, each head of a covered agency shall establish a program 
     for the automatic declassification of classified records that 
     have permanent historical value.
       ``(c) Estimates.--Each head of a covered agency shall 
     ensure that the program established by the head pursuant to 
     subsection (b)

[[Page S2774]]

     includes a mechanism for estimating the number of classified 
     records generated by each subcomponent of the covered agency 
     each fiscal year.
       ``(d) Declassification Working Capital Funds.--
       ``(1) Establishment.--For each covered agency, there is 
     established in the Treasury of the United States a fund to be 
     known as the `Declassification Working Capital Fund' of the 
     respective covered agency.
       ``(2) Contents of funds.--Each fund established under 
     paragraph (1) shall consist of the following:
       ``(A) Amounts transferred to the fund under subsection (e).
       ``(B) Amounts appropriated to the fund.
       ``(3) Availability and use of funds.--Subject to the 
     concurrence of the Executive Agent for Classification and 
     Declassification, amounts in a fund of a covered agency 
     established by paragraph (1) shall be available, without 
     fiscal year limitation, to promote and implement 
     technological and automated solutions that are interoperable 
     across covered agencies to support the programs of covered 
     agencies established pursuant to subsection (b).
       ``(e) Transfers to the Funds.--Each head of a covered 
     agency shall issue regulations for the covered agency, 
     subject to review and approval by the Executive Agent for 
     Classification and Declassification, that require each 
     subcomponent of the covered agency to transfer, on a periodic 
     basis, to the fund established for the covered agency under 
     subsection (c)(1), an amount for a period that bears the same 
     ratio to the total amount transferred to the fund by all 
     subcomponents of the covered agency for that period as the 
     ratio of--
       ``(1) the estimate for the subcomponent pursuant to the 
     mechanism required by subsection (c) for that period; bears 
     to
       ``(2) the aggregate of all of the estimates for all 
     subcomponents of the Executive agency under such mechanism 
     for the same period.''.

     SEC. 723. TRANSPARENCY OFFICERS.

       Section 1062(a) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended--
       (1) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (4)(C), by striking the period at the end 
     and inserting ``; and'';
       (3) by adding at the end the following:
       ``(5) assist the head of such department, agency, or 
     element and other officials of such department, agency, or 
     element in identifying records of significant public interest 
     and prioritizing appropriate review of such records in order 
     to facilitate the public disclosure of such records in 
     redacted or unredacted form.'';
       (4) in paragraph (4), by redesignating subparagraphs (A) 
     through (C) as clauses (i) through (iii), respectively, and 
     indenting such clauses 2 ems to the right;
       (5) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs 2 ems to the right;
       (6) in the matter before subparagraph (A), as redesignated 
     by paragraph (5), by striking ``The Attorney General'' and 
     inserting the following:
       ``(1) In general.--The Attorney General''; and
       (7) by adding at the end the following:
       ``(2) Determining public interest in disclosure.--In 
     assisting the head of a department, agency, or element and 
     other officials of such department, agency, or element in 
     identifying records of significant public interest under 
     subparagraph (E) of paragraph (1), a senior officer 
     designated under such paragraph shall consider--
       ``(A) whether or not disclosure of the information would 
     better enable United States citizens to hold Federal 
     Government officials accountable for their actions and 
     policies;
       ``(B) whether or not disclosure of the information would 
     assist the United States criminal justice system in holding 
     persons responsible for criminal acts or acts contrary to the 
     Constitution;
       ``(C) whether or not disclosure of the information would 
     assist Congress, or any committee or subcommittee thereof, in 
     carrying out its oversight responsibilities with regard to 
     the executive branch or in adequately informing itself of 
     executive branch policies and activities in order to carry 
     out its legislative responsibilities;
       ``(D) whether the disclosure of the information would 
     assist Congress or the public in understanding the 
     interpretation of the Federal Government of a provision of 
     law, including Federal regulations, Presidential directives, 
     statutes, case law, and the Constitution of the United 
     States; or
       ``(E) whether or not disclosure of the information would 
     bring about any other significant benefit, including an 
     increase in public awareness or understanding of Government 
     activities or an enhancement of Federal Government 
     efficiency.''.

      CHAPTER 4--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION

     SEC. 731. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT 
                   AND VICE PRESIDENT.

       Title VIII of the National Security Act of 1947, as amended 
     by chapters 2 and 3 of this subtitle, is further amended by 
     adding at the end the following:

           ``Subtitle E--Protection of Classified Information

     ``SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF THE 
                   PRESIDENT AND VICE PRESIDENT.

       ``(a) Definitions.--In this section:
       ``(1) Archivist, documentary material, presidential 
     records, personal records.--The terms `Archivist', 
     `documentary material', `Presidential records', and `personal 
     records' have the meanings given such terms in section 2201 
     of title 44, United States Code.
       ``(2) Commingled or uncategorized records.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `commingled or uncategorized records' means all 
     documentary materials not categorized as Presidential records 
     or personal records upon their creation or receipt and filed 
     separately pursuant to section 2203(d) of title 44, United 
     States Code.
       ``(B) Exception.--The term `commingled or uncategorized 
     records' does not include documentary materials that are--
       ``(i) official records of an agency (as defined in section 
     552(f) of title 5, United States Code);
       ``(ii) stocks of publications and stationery; or
       ``(iii) extra copies of documents produced only for 
     convenience of reference, when such copies are clearly so 
     identified.
       ``(3) Official records of an agency.--The term `official 
     records of an agency' means official records of an agency 
     within the meaning of such terms in section 552 of title 5, 
     United States.
       ``(b) Presumption as Presidential Records.--Commingled or 
     uncategorized records shall be presumed to be Presidential 
     records, unless the President or Vice President--
       ``(1) categorizes the commingled or uncategorized records 
     as personal records in accordance with subsection (c); or
       ``(2) determines the commingled or uncategorized records 
     are--
       ``(A) official records of an agency;
       ``(B) stocks of publications and stationery; or
       ``(C) extra copies of documents produced only for 
     convenience of reference, when such copies are clearly so 
     identified.
       ``(c) Categorizing Commingled or Uncategorized Records as 
     Personal Records.--At any time during the President or Vice 
     President's term of office, the President or Vice President 
     may categorize commingled or uncategorized records as 
     personal records if--
       ``(1) the Archivist performs a security review of the 
     commingled or uncategorized records that is reasonably 
     designed to identify records that contain standard markings 
     indicating that records contain classified information;
       ``(2) the President obtains written confirmation from the 
     Archivist that the review conducted pursuant to paragraph (1) 
     did not identify any records that contain standard markings 
     indicating that records contain classified information or, if 
     such markings were improperly applied, that such markings 
     have been corrected; and
       ``(3) the President obtains written confirmation from the 
     Archivist that the Archivist is not aware of any other 
     requirement that would preclude categorizing the commingled 
     or uncategorized records as personal records.
       ``(d) Review of Commingled or Uncategorized Records of 
     Former Presidents and Vice Presidents.--
       ``(1) Requests for review.--During the 180-day period 
     following the end of the term of office of a former President 
     or Vice President--
       ``(A) the former President or Vice President may request 
     that the Archivist review the categorization of any 
     commingled or uncategorized records created or received 
     during the term of the former President or Vice President; 
     and
       ``(B) the Archivist shall perform a security review of the 
     commingled or uncategorized records pursuant to the request.
       ``(2) Actions upon completion of review.--If, pursuant to a 
     review under paragraph (1), the Archivist determines that any 
     commingled or uncategorized records reviewed are improperly 
     categorized, the Archivist shall--
       ``(A) submit to the President a recommendation to correct 
     the categorization of the records; and
       ``(B) notify the former President or Vice President of that 
     recommendation.''.

     SEC. 732. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

       (a) In General.--Subtitle E of title VIII of the National 
     Security Act of 1947, as added by section 731, is amended by 
     adding at the end the following:

     ``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

       ``(a) Mishandling or Unauthorized Disclosure of Classified 
     Information Defined.--In this section, the term `mishandling 
     or unauthorized disclosure of classified information' means 
     any unauthorized storage, retention, communication, 
     confirmation, acknowledgment, or physical transfer of 
     classified information.
       ``(b) Assessments.--The Director of the National 
     Counterintelligence and Security Center shall prepare a 
     written assessment of the risk to national security from any 
     mishandling or unauthorized disclosure of classified 
     information involving the conduct of the President, Vice 
     President, or an official listed in Level I of the Executive 
     Schedule under section 5312 of title 5, United States Code, 
     within 90 days of the detection of such mishandling or 
     unauthorized disclosure.
       ``(c) Description of Risks.--A written assessment prepared 
     pursuant to subsection (b)

[[Page S2775]]

     shall describe the risk to national security if the 
     classified information were to be exposed in public or to a 
     foreign adversary.
       ``(d) Submittal of Assessments.--Each written assessment 
     prepared pursuant to subsection (b) shall be submitted to 
     Congress, in classified form, upon completion.''.
       (b) Prospective Application.--Section 832 of such Act, as 
     added by subsection (a), shall apply to incidents of 
     mishandling or unauthorized disclosure of classified 
     information (as defined in such section) detected on or after 
     the date of the enactment of this Act.

     SEC. 733. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER 
                   THREAT PROGRAMS.

       (a) Definitions.--In this section, the terms ``agency'' and 
     ``classified information'' have the meanings given such terms 
     in section 800 of the National Security Act of 1947, as added 
     by section 702 of this subtitle.
       (b) Establishment of Insider Threat Programs.--Each head of 
     an agency with access to classified information shall 
     establish an insider threat program to protect classified 
     information from unauthorized disclosure.
       (c) Minimum Standards.--In carrying out an insider threat 
     program established by the head of an agency pursuant to 
     subsection (b), the head of the agency shall--
       (1) designate a senior official of the agency who shall be 
     responsible for management of the program;
       (2) monitor user activity on all classified networks in 
     order to detect activity indicative of insider threat 
     behavior;
       (3) build and maintain an insider threat analytic and 
     response capability to review, assess, and respond to 
     information obtained pursuant to paragraph (2); and
       (4) provide insider threat awareness training to all 
     cleared employees within 30 days of entry on duty or granting 
     of access to classified information and annually thereafter.
       (d) Annual Reports.--Not less frequently that once each 
     year, the Director of National Intelligence shall, serving as 
     the Security Executive Agent under section 803 of the 
     National Security Act of 1947 (50 U.S.C. 3162a), submit to 
     Congress an annual report on the compliance of agencies with 
     respect to the requirements of this section.

                        CHAPTER 5--OTHER MATTERS

     SEC. 741. PROHIBITIONS.

       (a) Withholding Information From Congress.--Nothing in this 
     subtitle or an amendment made by this subtitle shall be 
     construed to authorize the withholding of information from 
     Congress.
       (b) Judicial Review.--Except in the case of the amendment 
     to section 552 of title 5, United States Code, made by 
     section 721(b), no person may seek or obtain judicial review 
     of any provision of this subtitle or any action taken under a 
     provision of this subtitle.

     SEC. 742. CONFORMING AMENDMENT.

       Section 804 of the National Security Act of 1947 (50 U.S.C. 
     3163) is amended by striking ``this title'' and inserting 
     ``sections 801 and 802''.

     SEC. 743. CLERICAL AMENDMENT.

       The table of contents for the National Security Act of 1947 
     is amended by striking the items relating to title VIII and 
     inserting the following:

       ``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION

                       ``Subtitle A--Definitions

``Sec. 800. Definitions.

       ``Subtitle B--Access to Classified Information Procedures

``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.

            ``Subtitle C--Security Classification Governance

``Sec. 811. Executive Agent for Classification and Declassification.
``Sec. 812. Executive Committee on Classification and Declassification 
              Programs and Technology.
``Sec. 813. Advisory bodies for Executive Agent for Classification and 
              Declassification.
``Sec. 814. Information Security Oversight Office.

           ``Subtitle D--Classification and Declassification

``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.

           ``Subtitle E--Protection of Classified Information

``Sec. 831. Security review of certain records of the President and 
              Vice President.
``Sec. 832. Mandatory counterintelligence risk assessments.''.

            Subtitle B--Sensible Classification Act of 2023

     SEC. 751. SHORT TITLE.

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

     SEC. 752. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (3) Classified information.--The term ``classified 
     information'' means information that has been determined 
     pursuant to Executive Order 12958 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, to require protection against unauthorized 
     disclosure and is marked to indicate its classified status 
     when in documentary form.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Document.--The term ``document'' means any recorded 
     information, regardless of the nature of the medium or the 
     method or circumstances of recording.
       (6) Downgrade.--The term ``downgrade'' means a 
     determination by a declassification authority that 
     information classified and safeguarded at a specified level 
     shall be classified and safeguarded at a lower level.
       (7) Information.--The term ``information'' means any 
     knowledge that can be communicated or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the United States Government.
       (8) Originate, originating, and originated.--The term 
     ``originate'', ``originating'', and ``originated'', with 
     respect to classified information and an authority, means the 
     authority that classified the information in the first 
     instance.
       (9) Records.--The term ``records'' means the records of an 
     agency and Presidential papers or Presidential records, as 
     those terms are defined in title 44, United States Code, 
     including those created or maintained by a government 
     contractor, licensee, certificate holder, or grantee that are 
     subject to the sponsoring agency's control under the terms of 
     the contract, license, certificate, or grant.
       (10) Security clearance.--The term ``security clearance'' 
     means an authorization to access classified information.
       (11) Unauthorized disclosure.--The term ``unauthorized 
     disclosure'' means a communication or physical transfer of 
     classified information to an unauthorized recipient.
       (12) Unclassified information.--The term ``unclassified 
     information'' means information that is not classified 
     information.

     SEC. 753. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) According to a report released by the Office of the 
     Director of Intelligence in 2020 titled ``Fiscal Year 2019 
     Annual Report on Security Clearance Determinations'', more 
     than 4,000,000 individuals have been granted eligibility for 
     a security clearance.
       (2) At least 1,300,000 of such individuals have been 
     granted access to information classified at the Top Secret 
     level.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the classification system of the Federal Government is 
     in urgent need of reform;
       (2) the number of people with access to classified 
     information is exceedingly high and must be justified or 
     reduced;
       (3) reforms are necessary to reestablish trust between the 
     Federal Government and the people of the United States; and
       (4) classification should be limited to the minimum 
     necessary to protect national security while balancing the 
     public's interest in disclosure.

     SEC. 754. CLASSIFICATION AUTHORITY.

       (a) In General.--The authority to classify information 
     originally may be exercised only by--
       (1) the President and, in the performance of executive 
     duties, the Vice President;
       (2) the head of an agency or an official of any agency 
     authorized by the President pursuant to a designation of such 
     authority in the Federal Register; and
       (3) an official of the Federal Government to whom authority 
     to classify information originally has been delegated 
     pursuant to subsection (c).
       (b) Scope of Authority.--An individual authorized by this 
     section to classify information originally at a specified 
     level may also classify the information originally at a lower 
     level.
       (c) Delegation of Original Classification Authority.--An 
     official of the Federal Government may be delegated original 
     classification authority subject to the following:
       (1) Delegation of original classification authority shall 
     be limited to the minimum required to administer this 
     section. Agency heads shall be responsible for ensuring that 
     designated subordinate officials have a demonstrable and 
     continuing need to exercise this authority.
       (2) Authority to originally classify information at the 
     level designated as ``Top Secret'' may be delegated only by 
     the President, in the performance of executive duties, the 
     Vice President, or an agency head or official designated 
     pursuant to subsection (a)(2).
       (3) Authority to originally classify information at the 
     level designated as ``Secret'' or ``Confidential'' may be 
     delegated only by the President, in the performance of 
     executive duties, the Vice President, or an agency head or 
     official designated pursuant to subsection (a)(2), or the 
     senior agency official described in section 5.4(d) of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, provided that official has been delegated ``Top 
     Secret'' original classification authority by the agency 
     head.
       (4) Each delegation of original classification authority 
     shall be in writing and the authority shall not be 
     redelegated except as

[[Page S2776]]

     provided by paragraphs (1), (2), and (3). Each delegation 
     shall identify the official by name or position title.
       (d) Training Required.--
       (1) In general.--An individual may not be delegated 
     original classification authority under this section unless 
     the individual has first received training described in 
     paragraph (2).
       (2) Training described.--Training described in this 
     paragraph is training on original classification that 
     includes instruction on the proper safeguarding of classified 
     information and of the criminal, civil, and administrative 
     sanctions that may be brought against an individual who fails 
     to protect classified information from unauthorized 
     disclosure.
       (e) Exceptional Cases.--
       (1) In general.--When an employee, contractor, licensee, 
     certificate holder, or grantee of an agency who does not have 
     original classification authority originates information 
     believed by that employee, contractor, licensee, certificate 
     holder, or grantee to require classification, the information 
     shall be protected in a manner consistent with Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order.
       (2) Transmittal.--An employee, contractor, licensee, 
     certificate holder, or grantee described in paragraph (1), 
     who originates information described in such paragraph, shall 
     promptly transmit such information to--
       (A) the agency that has appropriate subject matter interest 
     and classification authority with respect to this 
     information; or
       (B) if it is not clear which agency has appropriate subject 
     matter interest and classification authority with respect to 
     the information, the Director of the Information Security 
     Oversight Office.
       (3) Agency decisions.--An agency that receives information 
     pursuant to paragraph (2)(A) or (4) shall decide within 30 
     days whether to classify this information.
       (4) Information security oversight office action.--If the 
     Director of the Information Security Oversight Office 
     receives information under paragraph (2)(B), the Director 
     shall determine the agency having appropriate subject matter 
     interest and classification authority and forward the 
     information, with appropriate recommendations, to that agency 
     for a classification determination.

     SEC. 755. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

       (a) In General.--Whenever an agency is processing a request 
     pursuant to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'') or the 
     mandatory declassification review provisions of Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order, and 
     identifies responsive classified records that are more than 
     25 years of age as of December 31 of the year in which the 
     request is received, the head of the agency shall review the 
     record and process the record for declassification and 
     release by the National Declassification Center of the 
     National Archives and Records Administration.
       (b) Application.--Subsection (a) shall apply--
       (1) regardless of whether or not the record described in 
     such subsection is in the legal custody of the National 
     Archives and Records Administration; and
       (2) without regard for any other provisions of law or 
     existing agreements or practices between agencies.

     SEC. 756. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

       (a) Definitions.--In this section:
       (1) Over-classification.--The term ``over-classification'' 
     means classification at a level that exceeds the minimum 
     level of classification that is sufficient to protect the 
     national security of the United States.
       (2) Sensible classification.--The term ``sensible 
     classification'' means classification at a level that is the 
     minimum level of classification that is sufficient to protect 
     the national security of the United States.
       (b) Training Required.--Each head of an agency with 
     classification authority shall conduct training for employees 
     of the agency with classification authority to discourage 
     over-classification and to promote sensible classification.

     SEC. 757. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION 
                   BOARD.

       Section 703 of the Public Interest Declassification Act of 
     2000 (50 U.S.C. 3355a) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(5) A member of the Board whose term has expired may 
     continue to serve until a successor is appointed and sworn 
     in.''; and
       (2) in subsection (f)--
       (A) by inserting ``(1)'' before ``Any employee''; and
       (B) by adding at the end the following:
       ``(2)(A) In addition to any employees detailed to the Board 
     under paragraph (1), the Board may hire not more than 12 
     staff members.
       ``(B) There are authorized to be appropriated to carry out 
     subparagraph (A) such sums as are necessary for fiscal year 
     2024 and each fiscal year thereafter.''.

     SEC. 758. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Office of 
     Electronic Government (in this section referred to as the 
     ``Administrator'') shall, in consultation with the Secretary 
     of Defense, the Director of the Central Intelligence Agency, 
     the Director of National Intelligence, the Public Interest 
     Declassification Board, the Director of the Information 
     Security Oversight Office, and the head of the National 
     Declassification Center of the National Archives and Records 
     Administration--
       (1) research a technology-based solution--
       (A) utilizing machine learning and artificial intelligence 
     to support efficient and effective systems for classification 
     and declassification; and
       (B) to be implemented on an interoperable and federated 
     basis across the Federal Government; and
       (2) submit to the President a recommendation regarding a 
     technology-based solution described in paragraph (1) that 
     should be adopted by the Federal Government.
       (b) Staff.--The Administrator may hire sufficient staff to 
     carry out subsection (a).
       (c) Report.--Not later than 540 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a classified report on the technology-based solution 
     recommended by the Administrator under subsection (a)(2) and 
     the President's decision regarding its adoption.

     SEC. 759. STUDIES AND RECOMMENDATIONS ON NECESSITY OF 
                   SECURITY CLEARANCES.

       (a) Agency Studies on Necessity of Security Clearances.--
       (1) Studies required.--The head of each agency that grants 
     security clearances to personnel of such agency shall conduct 
     a study on the necessity of such clearances.
       (2) Reports required.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, each head of an agency that 
     conducts a study under paragraph (1) shall submit to Congress 
     a report on the findings of the agency head with respect to 
     such study, which the agency head may classify as 
     appropriate.
       (B) Required elements.--Each report submitted by the head 
     of an agency under subparagraph (A) shall include, for such 
     agency, the following:
       (i) The number of personnel eligible for access to 
     information up to the ``Top Secret'' level.
       (ii) The number of personnel eligible for access to 
     information up to the ``Secret'' level.
       (iii) Information on any reduction in the number of 
     personnel eligible for access to classified information based 
     on the study conducted under paragraph (1).
       (iv) A description of how the agency head will ensure that 
     the number of security clearances granted by such agency will 
     be kept to the minimum required for the conduct of agency 
     functions, commensurate with the size, needs, and mission of 
     the agency.
       (3) Industry.--This subsection shall apply to the Secretary 
     of Defense in the Secretary's capacity as the Executive Agent 
     for the National Industrial Security Program, and the 
     Secretary shall treat contractors, licensees, and grantees as 
     personnel of the Department of Defense for purposes of the 
     studies and reports required by this subsection.
       (b) Director of National Intelligence Review of Sensitive 
     Compartmented Information.--The Director of National 
     Intelligence shall--
       (1) review the number of personnel eligible for access to 
     sensitive compartmented information; and
       (2) submit to Congress a report on how the Director will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (c) Agency Review of Special Access Programs.--Each head of 
     an agency who is authorized to establish a special access 
     program by Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, shall--
       (1) review the number of personnel of the agency eligible 
     for access to such special access programs; and
       (2) submit to Congress a report on how the agency head will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (d) Secretary of Energy Review of Q and L Clearances.--The 
     Secretary of Energy shall--
       (1) review the number of personnel of the Department of 
     Energy granted Q and L access; and
       (2) submit to Congress a report on how the Secretary will 
     ensure that the number of such personnel is limited to the 
     minimum required
       (e) Independent Reviews.--Not later than 180 days after the 
     date on which a study is completed under subsection (a) or a 
     review is completed under subsections (b) through (d), the 
     Director of the Information Security Oversight Office of the 
     National Archives and Records Administration, the Director of 
     National Intelligence, and the Public Interest 
     Declassification Board shall each review the study or review, 
     as the case may be.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

     SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES 
                   FOR PERSONNEL VETTING.

       Not later than 1 year after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to the congressional intelligence committees, the Committee 
     on Armed Services of the Senate, and

[[Page S2777]]

     the Committee on Armed Services of the House of 
     Representatives a review of the extent to which the 
     intelligence community can use information technology 
     services shared among the intelligence community for purposes 
     of personnel vetting, including with respect to human 
     resources, suitability, and security.

     SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF 
                   TRUST FOR PERSONNEL VETTING.

       (a) Timeliness Standard.--
       (1) In general.--The President shall, acting through the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent, establish and publish in the 
     Federal Register new timeliness performance standards for 
     processing personnel vetting trust determinations in 
     accordance with the Federal personnel vetting performance 
     management standards.
       (2) Quinquennial reviews.--Not less frequently than once 
     every 5 years, the President shall, acting through the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent--
       (A) review the standards established pursuant to paragraph 
     (1); and
       (B) pursuant to such review--
       (i) update such standards as the President considers 
     appropriate; and
       (ii) publish in the Federal Register such updates as may be 
     made pursuant to clause (i).
       (3) Conforming amendment.--Section 3001 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) 
     is amended by striking subsection (g).
       (b) Quarterly Reports on Implementation.--
       (1) In general.--Not less frequently than quarterly, the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent shall jointly make available to 
     the public a quarterly report on the compliance of Executive 
     agencies (as defined in section 105 of title 5, United States 
     Code) with the standards established pursuant to subsection 
     (a).
       (2) Disaggregation.--Each report made available pursuant to 
     paragraph (1) shall disaggregate data by appropriate category 
     of personnel risk and between Government and contractor 
     personnel.
       (c) Complementary Standards for Intelligence Community.--
     The Director of National Intelligence may, in consultation 
     with the Security, Suitability, and Credentialing Performance 
     Accountability Council established pursuant to Executive 
     Order 13467 (50 U.S.C. 3161 note; relating to reforming 
     processes related to suitability for Government employment, 
     fitness for contractor employees, and eligibility for access 
     to classified national security information) establish for 
     the intelligence community standards complementary to those 
     established pursuant to subsection (a).

     SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST 
                   DETERMINATIONS.

       (a) Definition of Personnel Vetting Trust Determination.--
     In this section, the term ``personnel vetting trust 
     determination'' means any determination made by an executive 
     branch agency as to whether an individual can be trusted to 
     perform job functions or to be granted access necessary for a 
     position.
       (b) Annual Report.--Not later than March 30, 2024, and 
     annually thereafter for 5 years, the Director of National 
     Intelligence, acting as the Security Executive Agent, and the 
     Director of the Office of Personnel Management, acting as the 
     Suitability and Credentialing Executive Agent, in 
     coordination with the Security, Suitability, and 
     Credentialing Performance Accountability Council, shall 
     jointly make available to the public a report on specific 
     types of personnel vetting trust determinations made during 
     the fiscal year preceding the fiscal year in which the report 
     is made available, disaggregated by the following:
       (1) Determinations of eligibility for national security-
     sensitive positions, separately noting--
       (A) the number of individuals granted access to national 
     security information; and
       (B) the number of individuals determined to be eligible for 
     but not granted access to national security information.
       (2) Determinations of suitability or fitness for a public 
     trust position.
       (3) Status as a Government employee, a contractor employee, 
     or other category.
       (c) Elimination of Report Requirement.--Section 3001 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341) is amended by striking subsection (h).

     SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF 
                   TRUSTED WORKFORCE 2.0.

       Not later than 1 year after the date of the enactment of 
     this Act, and once every 2 years thereafter until 2029, the 
     Comptroller General of the United States shall administer a 
     survey to such sample of Federal agencies, Federal 
     contractors, and other persons that require security 
     clearances to access classified information as the 
     Comptroller General considers appropriate to assess--
       (1) the strengths and weaknesses of the implementation of 
     the Trusted Workforce 2.0 initiative; and
       (2) the effectiveness of vetting Federal personnel while 
     managing risk during the onboarding of such personnel.

     SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO 
                   CLASSIFIED INFORMATION SOLELY BECAUSE OF PAST 
                   USE OF CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given the term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the head of an element of the intelligence community may 
     not make a determination to deny eligibility for access to 
     classified information to an individual based solely on the 
     use of cannabis by the individual prior to the submission of 
     the application for a security clearance by the individual.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

     SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY 
                   THE CENTRAL INTELLIGENCE AGENCY FOR QUALIFYING 
                   INJURIES TO THE BRAIN.

       Section 19A(d) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3519b(d)) is amended by striking paragraph 
     (3) and inserting the following new paragraph:
       ``(3) Funding.--
       ``(A) In general.--Payment under paragraph (2) in a fiscal 
     year may be made using any funds--
       ``(i) appropriated in advance specifically for payments 
     under such paragraph; or
       ``(ii) reprogrammed in accordance with section 504 of the 
     National Security Act of 1947 (50 U.S.C. 3094).
       ``(B) Budget.--For each fiscal year, the Director shall 
     include with the budget justification materials submitted to 
     Congress in support of the budget of the President for that 
     fiscal year pursuant to section 1105(a) of title 31, United 
     States Code, an estimate of the funds required in that fiscal 
     year to make payments under paragraph (2).''.

     SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN 
                   BENEFITS RELATING TO INJURIES TO THE BRAIN.

       (a) In General.--Section 19A(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is 
     amended--
       (1) by striking ``Payments made'' and inserting the 
     following:
       ``(A) In general.--Payments made''; and
       (2) by adding at the end the following:
       ``(B) Relation to certain federal workers compensation 
     laws.--Without regard to the requirements in sections (b) and 
     (c), covered employees need not first seek benefits provided 
     under chapter 81 of title 5, United States Code, to be 
     eligible solely for payment authorized under paragraph (2) of 
     this subsection.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall--
       (1) revise applicable regulations to conform with the 
     amendment made by subsection (a); and
       (2) submit to the congressional intelligence committees 
     copies of such regulations, as revised pursuant to paragraph 
     (1).

     SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT 
                   OF 2021 AUTHORITIES.

       (a) Regulations.--Except as provided in subsection (c), not 
     later than 180 days after the date of the enactment of this 
     Act, each head of an element of the intelligence community 
     that has not already done so shall--
       (1) issue regulations and procedures to implement the 
     authorities provided by section 19A(d) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and 
     section 901(i) of title IX of division J of the Further 
     Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to 
     provide payments under such sections, to the degree that such 
     authorities are applicable to the head of the element; and
       (2) submit to the congressional intelligence committees 
     copies of such regulations.
       (b) Reporting.--Not later than 210 days after the date of 
     the enactment of this Act, each head of an element of the 
     intelligence community shall submit to the congressional 
     intelligence committees a report on--
       (1) the estimated number of individuals associated with 
     their element that may be eligible for payment under the 
     authorities described in subsection (a)(1);
       (2) an estimate of the obligation that the head of the 
     intelligence community element expects to incur in fiscal 
     year 2025 as a result of establishing the regulations 
     pursuant to subsection (a)(1); and
       (3) any perceived barriers or concerns in implementing such 
     authorities.
       (c) Alternative Reporting.--Not later than 180 days after 
     the date of the enactment of this Act, each head of an 
     element of the intelligence community (other than the 
     Director of the Central Intelligence Agency) who believes 
     that the authorities described in subsection (a)(1) are not 
     currently relevant for individuals associated with their 
     element, or who are not otherwise in position to issue the 
     regulations and procedures required by subsection (a)(1) 
     shall provide written and detailed justification to the 
     congressional intelligence committees to explain this 
     position.

     SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY 
                   HANDLING OF ANOMALOUS HEALTH INCIDENTS.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Central 
     Intelligence Agency.

[[Page S2778]]

       (2) Qualifying injury.--The term ``qualifying injury'' has 
     the meaning given such term in section 19A(d)(1) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3519b(d)(1)).
       (b) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall submit to the congressional 
     intelligence committees a report on the handling of anomalous 
     health incidents by the Agency.
       (c) Contents.--The report required by subsection (b) shall 
     include the following:
       (1) HAVANA act implementation.--
       (A) An explanation of how the Agency determines whether a 
     reported anomalous health incident resulted in a qualifying 
     injury or a qualifying injury to the brain.
       (B) The number of participants of the Expanded Care Program 
     of the Central Intelligence Agency who--
       (i) have a certified qualifying injury or a certified 
     qualifying injury to the brain; and
       (ii) as of September 30, 2023, applied to the Expanded Care 
     Program due to a reported anomalous health incident.
       (C) A comparison of the number of anomalous health 
     incidents reported by applicants to the Expanded Care Program 
     that occurred in the United States and that occurred in a 
     foreign country.
       (D) The specific reason each applicant was approved or 
     denied for payment under the Expanded Care Program.
       (E) The number of applicants who were initially denied 
     payment but were later approved on appeal.
       (F) The average length of time, from the time of 
     application, for an applicant to receive a determination from 
     the Expanded Care Program, aggregated by qualifying injuries 
     and qualifying injuries to the brain.
       (2) Priority cases.--
       (A) A detailed list of priority cases of anomalous health 
     incidents, including, for each incident, locations, dates, 
     times, and circumstances.
       (B) For each priority case listed in accordance with 
     subparagraph (A), a detailed explanation of each credible 
     alternative explanation that the Agency assigned to the 
     incident, including--
       (i) how the incident was discovered;
       (ii) how the incident was assigned within the Agency; and
       (iii) whether an individual affected by the incident is 
     provided an opportunity to appeal the credible alternative 
     explanation.
       (C) For each priority case of an anomalous health incident 
     determined to be largely consistent with the definition of 
     ``anomalous health incident'' established by the National 
     Academy of Sciences and for which the Agency does not have a 
     credible alternative explanation, a detailed description of 
     such case.
       (3) Anomalous health incident sensors.--
       (A) A list of all types of sensors that the Agency has 
     developed or deployed with respect to reports of anomalous 
     health incidents, including, for each type of sensor, the 
     deployment location, the date and the duration of the 
     employment of such type of sensor, and, if applicable, the 
     reason for removal.
       (B) A list of entities to which the Agency has provided 
     unrestricted access to data associated with anomalous health 
     incidents.
       (C) A list of requests for support the Agency has received 
     from elements of the Federal Government regarding sensor 
     development, testing, or deployment, and a description of the 
     support provided in each case.
       (D) A description of all emitter signatures obtained by 
     sensors associated with anomalous health incidents in Agency 
     holdings since 2016, including--
       (i) the identification of any of such emitters that the 
     Agency prioritizes as a threat; and
       (ii) an explanation of such prioritization.
       (d) Additional Submissions.--Concurrent with the submission 
     of the report required by subsection (b), the Director of the 
     Central Intelligence Agency shall submit to the congressional 
     intelligence committees--
       (1) a template of each form required to apply for the 
     Expanded Care Program, including with respect to payments for 
     a qualifying injury or a qualifying injury to the brain;
       (2) copies of internal guidance used by the Agency to 
     adjudicate claims for the Expanded Care Program, including 
     with respect to payments for a qualifying injury to the 
     brain;
       (3) the case file of each applicant to the Expanded Care 
     Program who applied due to a reported anomalous health 
     incident, including supporting medical documentation, with 
     name and other identifying information redacted;
       (4) copies of all informational and instructional materials 
     provided to employees of and other individuals affiliated 
     with the Agency with respect to applying for the Expanded 
     Care Program; and
       (5) copies of Agency guidance provided to employees of and 
     other individuals affiliated with the Agency with respect to 
     reporting and responding to a suspected anomalous health 
     incident, and the roles and responsibilities of each element 
     of the Agency tasked with responding to a report of an 
     anomalous health incident.
       (e) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of the Central 
     Intelligence Agency shall brief the congressional 
     intelligence committees on the report.

                       TITLE X--ELECTION SECURITY

     SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD 
                   RESPECT FOR ELECTIONS THROUGH INDEPENDENT 
                   TESTING ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening Election Cybersecurity to Uphold Respect for 
     Elections through Independent Testing Act of 2023'' or the 
     ``SECURE IT Act of 2023''.
       (b) Requiring Penetration Testing as Part of the Testing 
     and Certification of Voting Systems.--Section 231 of the Help 
     America Vote Act of 2002 (52 U.S.C. 20971) is amended by 
     adding at the end the following new subsection:
       ``(e) Required Penetration Testing.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Commission shall 
     provide for the conduct of penetration testing as part of the 
     testing, certification, decertification, and recertification 
     of voting system hardware and software by accredited 
     laboratories under this section.
       ``(2) Accreditation.--The Director of the National 
     Institute of Standards and Technology shall recommend to the 
     Commission entities the Director proposes be accredited to 
     carry out penetration testing under this subsection and 
     certify compliance with the penetration testing-related 
     guidelines required by this subsection. The Commission shall 
     vote on the accreditation of any entity recommended. The 
     requirements for such accreditation shall be a subset of the 
     requirements for accreditation of laboratories under 
     subsection (b) and shall only be based on consideration of an 
     entity's competence to conduct penetration testing under this 
     subsection.''.
       (c) Independent Security Testing and Coordinated 
     Cybersecurity Vulnerability Disclosure Program for Election 
     Systems.--
       (1) In general.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by 
     adding at the end the following new part:

 ``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
      VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS

     ``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED 
                   CYBERSECURITY VULNERABILITY DISCLOSURE PILOT 
                   PROGRAM FOR ELECTION SYSTEMS.

       ``(a) In General.--
       ``(1) Establishment.--The Commission, in consultation with 
     the Secretary, shall establish an Independent Security 
     Testing and Coordinated Vulnerability Disclosure Pilot 
     Program for Election Systems (VDP-E) (in this section 
     referred to as the `program') in order to test for and 
     disclose cybersecurity vulnerabilities in election systems.
       ``(2) Duration.--The program shall be conducted for a 
     period of 5 years.
       ``(3) Requirements.--In carrying out the program, the 
     Commission, in consultation with the Secretary, shall--
       ``(A) establish a mechanism by which an election systems 
     vendor may make their election system (including voting 
     machines and source code) available to cybersecurity 
     researchers participating in the program;
       ``(B) provide for the vetting of cybersecurity researchers 
     prior to their participation in the program, including the 
     conduct of background checks;
       ``(C) establish terms of participation that--
       ``(i) describe the scope of testing permitted under the 
     program;
       ``(ii) require researchers to--

       ``(I) notify the vendor, the Commission, and the Secretary 
     of any cybersecurity vulnerability they identify with respect 
     to an election system; and
       ``(II) otherwise keep such vulnerability confidential for 
     180 days after such notification;

       ``(iii) require the good-faith participation of all 
     participants in the program;
       ``(iv) require an election system vendor, after receiving 
     notification of a critical or high vulnerability (as defined 
     by the National Institute of Standards and Technology) in an 
     election system of the vendor, to--

       ``(I) send a patch or propound some other fix or mitigation 
     for such vulnerability to the appropriate State and local 
     election officials, in consultation with the researcher who 
     discovered it; and
       ``(II) notify the Commission and the Secretary that such 
     patch has been sent to such officials;

       ``(D) in the case where a patch or fix to address a 
     vulnerability disclosed under subparagraph (C)(ii)(I) is 
     intended to be applied to a system certified by the 
     Commission, provide--
       ``(i) for the expedited review of such patch or fix within 
     90 days after receipt by the Commission; and
       ``(ii) if such review is not completed by the last day of 
     such 90-day period, that such patch or fix shall be deemed to 
     be certified by the Commission; and
       ``(E) 180 days after the disclosure of a vulnerability 
     under subparagraph (C)(ii)(I), notify the Director of the 
     Cybersecurity and Infrastructure Security Agency of the 
     vulnerability for inclusion in the database of Common 
     Vulnerabilities and Exposures.
       ``(4) Voluntary participation; safe harbor.--
       ``(A) Voluntary participation.--Participation in the 
     program shall be voluntary for election systems vendors and 
     researchers.

[[Page S2779]]

       ``(B) Safe harbor.--When conducting research under this 
     program, such research and subsequent publication shall be 
     considered to be:
       ``(i) Authorized in accordance with section 1030 of title 
     18, United States Code (commonly known as the `Computer Fraud 
     and Abuse Act'), (and similar state laws), and the election 
     system vendor will not initiate or support legal action 
     against the researcher for accidental, good-faith violations 
     of the program.
       ``(ii) Exempt from the anti-circumvention rule of section 
     1201 of title 17, United States Code (commonly known as the 
     `Digital Millennium Copyright Act'), and the election system 
     vendor will not bring a claim against a researcher for 
     circumvention of technology controls.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to limit or otherwise affect any exception to 
     the general prohibition against the circumvention of 
     technological measures under subparagraph (A) of section 
     1201(a)(1) of title 17, United States Code, including with 
     respect to any use that is excepted from that general 
     prohibition by the Librarian of Congress under subparagraphs 
     (B) through (D) of such section 1201(a)(1).
       ``(5) Exempt from disclosure.--Cybersecurity 
     vulnerabilities discovered under the program shall be exempt 
     from section 552 of title 5, United States Code (commonly 
     referred to as the `Freedom of Information Act').
       ``(6) Definitions.--In this subsection:
       ``(A) Cybersecurity vulnerability.--The term `cybersecurity 
     vulnerability' means, with respect to an election system, any 
     security vulnerability that affects the election system.
       ``(B) Election infrastructure.--The term `election 
     infrastructure' means--
       ``(i) storage facilities, polling places, and centralized 
     vote tabulation locations used to support the administration 
     of elections for public office; and
       ``(ii) related information and communications technology, 
     including--

       ``(I) voter registration databases;
       ``(II) election management systems;
       ``(III) voting machines;
       ``(IV) electronic mail and other communications systems 
     (including electronic mail and other systems of vendors who 
     have entered into contracts with election agencies to support 
     the administration of elections, manage the election process, 
     and report and display election results); and
       ``(V) other systems used to manage the election process and 
     to report and display election results on behalf of an 
     election agency.

       ``(C) Election system.--The term `election system' means 
     any information system that is part of an election 
     infrastructure, including any related information and 
     communications technology described in subparagraph (B)(ii).
       ``(D) Election system vendor.--The term `election system 
     vendor' means any person providing, supporting, or 
     maintaining an election system on behalf of a State or local 
     election official.
       ``(E) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(F) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(G) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     subtitle D of title II the following:

 ``PART 7--Independent Security Testing and Coordinated Cybersecurity 
         Vulnerability Disclosure Program for Election Systems

``Sec. 297. Independent security testing and coordinated cybersecurity 
              vulnerability disclosure program for election systems.''.

     SEC. 1002. PROTECTING BALLOT MEASURES FROM FOREIGN INFLUENCE 
                   ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Ballot Measures from Foreign Influence Act of 
     2023''.
       (b) In General.--Section 319(a)(1)(A) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 
     amended by inserting ``, or a State or local ballot 
     initiative or ballot referendum'' after ``election''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall apply with respect to contributions and donations made 
     on or after the date of enactment of this Act.

                        TITLE XI--OTHER MATTERS

     SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-
                   DOMAIN ANOMALY RESOLUTION OFFICE.

       Section 1683(k)(1) of the National Defense Authorization 
     Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended 
     by section 6802(a) of the Intelligence Authorization Act for 
     Fiscal Year 2023 (Public Law 117-263), is amended--
       (1) in the heading, by striking ``Director of national 
     intelligence and secretary of defense'' and inserting ``All-
     domain anomaly resolution office''; and
       (2) in subparagraph (A), by striking ``Director of National 
     Intelligence and the Secretary of Defense shall jointly'' and 
     inserting ``Director of the Office shall''.

     SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED 
                   ANOMALOUS PHENOMENA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on 
     Appropriations of the House of Representatives.
       (2) Congressional leadership.--The term ``congressional 
     leadership'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (3) Director.--The term ``Director'' means the Director of 
     the All-domain Anomaly Resolution Office.
       (4) Unidentified anomalous phenomena.--The term 
     ``unidentified anomalous phenomena'' has the meaning given 
     such term in section 1683(n) of the National Defense 
     Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), 
     as amended by section 6802(a) of the Intelligence 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263).
       (b) Sense of Congress.--It is the sense of Congress that, 
     due to the increasing potential for technology surprise from 
     foreign adversaries and to ensure sufficient integration 
     across the United States industrial base and avoid technology 
     and security stovepipes--
       (1) the United States industrial base must retain its 
     global lead in critical advanced technologies; and
       (2) the Federal Government must expand awareness about any 
     historical exotic technology antecedents previously provided 
     by the Federal Government for research and development 
     purposes.
       (c) Limitations.--No amount authorized to be appropriated 
     by this Act may be obligated or expended, directly or 
     indirectly, in part or in whole, for, on, in relation to, or 
     in support of activities involving unidentified anomalous 
     phenomena protected under any form of special access or 
     restricted access limitations that have not been formally, 
     officially, explicitly, and specifically described, 
     explained, and justified to the appropriate committees of 
     Congress, congressional leadership, and the Director, 
     including for any activities relating to the following:
       (1) Recruiting, employing, training, equipping, and 
     operations of, and providing security for, government or 
     contractor personnel with a primary, secondary, or 
     contingency mission of capturing, recovering, and securing 
     unidentified anomalous phenomena craft or pieces and 
     components of such craft.
       (2) Analyzing such craft or pieces or components thereof, 
     including for the purpose of determining properties, material 
     composition, method of manufacture, origin, characteristics, 
     usage and application, performance, operational modalities, 
     or reverse engineering of such craft or component technology.
       (3) Managing and providing security for protecting 
     activities and information relating to unidentified anomalous 
     phenomena from disclosure or compromise.
       (4) Actions relating to reverse engineering or replicating 
     unidentified anomalous phenomena technology or performance 
     based on analysis of materials or sensor and observational 
     information associated with unidentified anomalous phenomena.
       (5) The development of propulsion technology, or aerospace 
     craft that uses propulsion technology, systems, or 
     subsystems, that is based on or derived from or inspired by 
     inspection, analysis, or reverse engineering of recovered 
     unidentified anomalous phenomena craft or materials.
       (6) Any aerospace craft that uses propulsion technology 
     other than chemical propellants, solar power, or electric ion 
     thrust.
       (d) Notification and Reporting.--Any person currently or 
     formerly under contract with the Federal Government that has 
     in their possession material or information provided by or 
     derived from the Federal Government relating to unidentified 
     anomalous phenomena that formerly or currently is protected 
     by any form of special access or restricted access shall--
       (1) not later than 60 days after the date of the enactment 
     of this Act, notify the Director of such possession; and
       (2) not later than 180 days after the date of the enactment 
     of this Act, make available to the Director for assessment, 
     analysis, and inspection--
       (A) all such material and information; and
       (B) a comprehensive list of all non-earth origin or exotic 
     unidentified anomalous phenomena material.
       (e) Liability.--No criminal or civil action may lie or be 
     maintained in any Federal or State court against any person 
     for receiving material or information described in subsection 
     (d) if that person complies with the notification and 
     reporting provisions described in such subsection.
       (f) Limitation Regarding Independent Research and 
     Development.--
       (1) In general.--Consistent with Department of Defense 
     Instruction Number 3204.01 (dated August 20, 2014, 
     incorporating change 2, dated July 9, 2020; relating to 
     Department policy for oversight of independent research and 
     development), independent research and development funding 
     relating to material or information described in subsection 
     (c) shall

[[Page S2780]]

     not be allowable as indirect expenses for purposes of 
     contracts covered by such instruction, unless such material 
     and information is made available to the Director in 
     accordance with subsection (d).
       (2) Effective date and applicability.--Paragraph (1) shall 
     take effect on the date that is 60 days after the date of the 
     enactment of this Act and shall apply with respect to funding 
     from amounts appropriated before, on, or after such date.
       (g) Notice to Congress.--Not later than 30 days after the 
     date on which the Director has received a notification under 
     paragraph (1) of subsection (d) or information or material 
     under paragraph (2) of such subsection, the Director shall 
     provide written notification of such receipt to the 
     appropriate committees of Congress and congressional 
     leadership.
                                 ______
                                 
  SA 667. Ms. ERNST (for herself, Ms. Rosen, and Ms. Duckworth) 
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__. CREDIT FOR CERTAIN MEMBERS OF THE ARMED FORCES WHO 
                   SERVED IN FEMALE CULTURAL SUPPORT TEAMS.

       (a) Findings.--Congress finds the following:
       (1) In 2010, the Commander of United States Special 
     Operations Command established the Cultural Support Team 
     Program to overcome significant intelligence gaps during the 
     Global War on Terror.
       (2) From 2010 through 2021, approximately 310 female 
     members, from every Armed Force, passed and were selected as 
     members of female cultural support teams, and deployed with 
     special operations forces.
       (3) Members of female cultural support teams served 
     honorably, demonstrated commendable courage, overcame such 
     intelligence gaps, engaged in direct action, and suffered 
     casualties during the Global War on Terror.
       (4) The Federal Government has a duty to recognize members 
     and veterans of female cultural support teams who volunteered 
     to join the Armed Forces, to undergo arduous training for 
     covered service, and to execute dangerous and classified 
     missions in the course of such covered service.
       (5) Members who performed covered service have sought 
     treatment from the Department of Veterans Affairs for 
     traumatic brain injuries, post-traumatic stress, and 
     disabling physical trauma incurred in the course of such 
     covered service, but have been denied such care.
       (b) Sense of Congress.--It is the Sense of Congress that 
     individuals who performed covered service performed 
     exceptional service to the United States.
       (c) Military Service: Records; Calculation of Retired 
     Pay.--Not later than one year after the date of the enactment 
     of this Act, each Secretary concerned shall--
       (1) ensure that the performance of covered service is 
     included in--
       (A) the military service record of each individual who 
     performed covered service; and
       (B) the computation of retired pay for each individual who 
     performed covered service; and
       (2) transmit to the Secretary of Veterans Affairs a list of 
     each veteran who performed covered service whose military 
     service record was modified pursuant to paragraph (1).
       (d) Claims for Veterans Benefits Arising From Covered 
     Service.--
       (1) Determination of service connection.--Upon the filing 
     of a claim by an individual described in paragraph (3)(C) for 
     service-connected disability or death incurred or aggravated 
     in the course of covered service, the Secretary of Veterans 
     Affairs shall treat such claims as claims based on 
     participation in special operations incidents (as defined in 
     section A of chapter 9 of subpart IV of part VIII of the M21-
     1 Manual of the Department, or successor).
       (2) Treatment of covered service.--In the consideration of 
     a claim under this subsection, the Secretary shall treat 
     covered service as special operations (as defined in section 
     A of chapter 9 of subpart IV of part VIII of the M21-1 Manual 
     of the Department, or successor).
       (3) Effective date of award.--
       (A) In general.--Except as provided by subparagraph (B), 
     the effective date of an award under this subsection shall be 
     determined in accordance with section 5110 of title 38, 
     United States Code.
       (B) Exception.--Notwithstanding subsection (g) of such 
     section, the Secretary shall determine the effective date of 
     an award based on a claim under this subsection for an 
     individual described in subparagraph (C) by treating the date 
     on which the individual filed the initial claim specified in 
     clause (i) of such subparagraph as the date on which the 
     individual filed the claim so awarded under this section.
       (C) Eligible individuals.--An individual described in this 
     subparagraph is an individual who performed covered service, 
     or a survivor of such an individual--
       (i) who, before the date of the enactment of this Act, 
     submitted a claim for service-connected disability or death 
     of such individual;
       (ii) whose such claim was denied by reason of the claim not 
     establishing that the disability or death was service-
     connected;
       (iii) who submits a claim during the period of three years 
     beginning on the date of the enactment of this Act, for the 
     same condition covered by the prior claim under clause; and
       (iv) whose such claim is approved pursuant to this 
     subsection.
       (4) Processing of claims.--The Secretary of Veterans 
     Affairs, in consultation with the Secretary of Defense, shall 
     improve training and guidance for employees who may process a 
     claim under this subsection.
       (5) Outreach.--
       (A) In general.--The Secretary shall conduct outreach to 
     inform individuals who performed covered service (and 
     survivors of such individuals) that they may submit 
     supplemental claims for service-connected disability or death 
     incurred or aggravated in the course of covered service.
       (B) Elements.--Outreach conducted pursuant to subparagraph 
     (A) shall include the following:
       (i) Contact individuals described in subparagraph (A), 
     especially individuals who are veterans included in the list 
     transmitted pursuant to subsection (c)(2) and survivors of 
     such veterans, directly to inform them of the treatment of 
     covered service described in subsection (d)(2) and that they 
     may submit supplemental claims as described in such 
     subparagraph.
       (ii) Publishing on the internet website of the Department a 
     notice that such individuals may elect to file a supplemental 
     claim.
       (iii) Notifying, in writing or by electronic means, 
     veterans service organizations of the ability of such 
     individuals to file a supplemental claim.
       (e) Definitions.--In this section:
       (1) Covered service.--The term ``covered service'' means 
     service--
       (A) as a member of the Armed Forces;
       (B) in a female cultural support team;
       (C) with the personnel development skill identifier of R2J 
     or 5DK, or any other validation methods, such as valid sworn 
     statements, officer and enlisted performance evaluations, 
     training certificates, or records of an award from completion 
     of tour with a cultural support team; and
       (D) during the period beginning on January 1, 2010, and 
     ending on August 31, 2021.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
       (3) Service-connected.--The term ``service-connected'' has 
     the meaning given such term in section 101 of title 38, 
     United States Code.
       (4) Veteran.--The term ``veteran'' has the meaning given 
     such term in section 101 of title 38, United States Code.
                                 ______
                                 
  SA 668. Ms. ERNST 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. __. CODIFICATION OF THE DEFENSE INNOVATION UNIT AND 
                   ESTABLISHMENT OF THE NONTRADITIONAL INNOVATION 
                   FIELDING ENTERPRISE.

       (a) Codification of Defense Innovation Unit.--
       (1) Codification.--
       (A) In general.--Chapter 303 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4127. Defense Innovation Unit

       ``(a) Establishment.--There is established in the 
     Department of Defense a Defense Innovation Unit (referred to 
     in this section as the `Unit').
       ``(b) Director and Deputy Director.--There is a Director 
     and a Deputy Director of the Unit, each of whom shall be 
     appointed by the Secretary of Defense from among persons with 
     substantial experience in innovation and commercial 
     technology, as determined by the Secretary.
       ``(c) Authority of Director.--The Director is the head of 
     the Unit. The Director--
       ``(1) shall serve as a principal staff assistant to the 
     Secretary on matters within the responsibility of the Unit;
       ``(2) shall report directly to the Secretary of Defense 
     without intervening authority; and
       ``(3) may communicate views on matters within the 
     responsibility of the Unit directly to the Secretary without 
     obtaining the approval or concurrence of any other official 
     within the Department of Defense.
       ``(d) Responsibilities.--The Unit shall have the following 
     responsibilities:
       ``(1) Seek out, identify, and support the development of 
     commercial technologies that have the potential to be 
     implemented within the Department.
       ``(2) Accelerate the adoption of commercial technologies 
     within the Department of Defense to transform military 
     capacity and capabilities.
       ``(3) Serve as the principal liaison between the Department 
     of Defense and individuals

[[Page S2781]]

     and entities in the national security innovation base, 
     including, entrepreneurs, startups, commercial technology 
     companies, and venture capital sources.
       ``(4) Carry out programs, projects, and other activities to 
     strengthen the national security innovation base.
       ``(5) Coordinate the activities of other organizations and 
     elements of the Department of Defense on matters relating to 
     commercial technologies, dual use technologies, and the 
     innovation of such technologies.
       ``(6) Coordinate and oversee the nontraditional defense 
     innovation fielding enterprise established under section 4063 
     of this title.
       ``(7) Carry out such other activities as the Secretary of 
     Defense determines appropriate.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 303 of title 10, United States Code, is 
     amended by inserting after the item relating to section 4126 
     the following new item:

``4127. Defense Innovation Unit.''.
       (2) Modification of authority to carry out certain 
     prototype projects.--Section 4022 of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``the Director of the 
     Defense Innovation Unit,'' after ``Defense Advanced Research 
     Projects Agency,'';
       (ii) in paragraph (2)(A), by inserting ``, the Defense 
     Innovation Unit,'' after ``Defense Advanced Research Projects 
     Agency''; and
       (iii) in paragraph (3), by inserting ``, Defense Innovation 
     Unit,'' after ``Defense Advanced Research Projects Agency''; 
     and
       (B) in subsection (e)(1)--
       (i) by redesignating subparagraphs (C) through (E) as 
     subparagraphs (D) through (F), respectively; and
       (ii) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) the Director of the Defense Innovation Unit;''.
       (3) Modification of other transaction authority.--Section 
     4021 of title 10, United States Code, is amended--
       (A) in subsection (b), by inserting ``, the Defense 
     Innovation Unit,'' after ``Defense Advanced Research Projects 
     Agency''; and
       (B) in subsection (f), by striking ``and the Defense 
     Advanced Research Projects Agency'' and inserting ``, the 
     Defense Innovation Unit, and the Defense Advanced Research 
     Projects Agency''.
       (4) Conforming amendments.--Section 1766 of title 10, 
     United States Code, is amended--
       (A) in subsection (b), by striking ``as determined by the 
     Under Secretary of Defense for Research and Engineering'' and 
     inserting ``as determined by the Secretary of Defense''; and
       (B) in subsection (c)(3), by striking ``as directed by the 
     Under Secretary of Defense for Research and Engineering'' and 
     inserting ``as directed by the Secretary of Defense''.
       (b) Establishment of Nontraditional Innovation Fielding 
     Enterprise.--
       (1) In general.--Subchapter I of chapter 303 of title 10, 
     United States Code, is amended by inserting after section 
     4062 the following new section:

     ``Sec. 4063. Nontraditional innovation fielding enterprise

       ``(a) Establishment.--The Secretary of Defense shall 
     designate within the Department of Defense a group of 
     organizations to be known, collectively, as the 
     `nontraditional innovation fielding enterprise' (referred to 
     in this section as the `NIFE'). The purpose of the NIFE is to 
     streamline coordination and minimize duplication of efforts 
     among elements of the Department of Defense on matters 
     relating to the development, procurement, and fielding of 
     nontraditional capabilities.
       ``(b) Composition.--The NIFE shall consist of--
       ``(1) the Defense Innovation Unit; and
       ``(2) each organization designated as a service-level NIFE 
     lead under subsection (c).
       ``(c) Designation of Service-level NIFE Leads.--
       ``(1) Not later than 120 days after the effective date of 
     this section, each Secretary of a military department, in 
     consultation with the Director of the Defense Innovation 
     Unit, shall designate a single organization within each armed 
     force under the jurisdiction of such Secretary to serve as 
     the lead organization within that armed force on matters 
     within the responsibility of the NIFE. Each organization so 
     designated shall be known as a `service-level NIFE lead'.
       ``(2) An organization designated under paragraph (1) shall 
     be an organization of an armed force that--
       ``(A) exists as of the effective date of this section; and
       ``(B) has a demonstrated ability to engage at scale with 
     nontraditional defense contractors, as determined by the 
     Secretary concerned.
       ``(d) Leadership.--
       ``(1) Head of nife.--Subject to the authority, direction, 
     and control of the Secretary of Defense, the Director of the 
     Defense Innovation Unit shall serve as the head of the NIFE 
     and, in such capacity, shall be responsible for the overall 
     oversight and coordination of the NIFE.
       ``(2) Service-level leads.--Each head of an organization of 
     an armed force designated as a service-level NIFE lead under 
     subsection (c) shall serve as the head of the NIFE within 
     that armed force and, in such capacity, shall be responsible 
     for the oversight and coordination of the activities of the 
     NIFE within that armed force.
       ``(e) Duties.--The Director of the Defense Innovation Unit 
     shall carry out the following activities in support of the 
     NIFE:
       ``(1) Coordinate with the Joint Staff and the commanders of 
     the combatant commands to identify operational challenges 
     that have the potential to be addressed through the use of 
     nontraditional capabilities, including dual-use technologies, 
     that are being developed and financed in the commercial 
     sector.
       ``(2) Using funds made available to the Defense Innovation 
     Unit for the activities of the NIFE--
       ``(A) select projects to be carried out by one or more of 
     the service-level NIFE leads;
       ``(B) allocate funds to service-level NIFE leads to carry 
     out such projects; and
       ``(C) monitor the execution of such projects by the 
     service-level NIFE leads.
       ``(3) On a semiannual basis, submit to the Secretary of 
     Defense and the congressional defense committees a report on 
     the progress of the projects described in paragraph (2). Each 
     such report shall identify any gaps in resources or 
     authorities that have the potential to disrupt the progress 
     of such projects.
       ``(4) Serve as Chair of the NIFE Resource Advisory Board 
     under subsection (f).
       ``(5) Serve as the principal liaison between the Department 
     of Defense, nontraditional defense contractors, investors in 
     nontraditional defense companies, and departments and 
     agencies of the Federal Government pursing nontraditional 
     capabilities similar to those pursued by the Department.
       ``(6) Lead engagement with industry, academia, and other 
     non-government entities to develop--
       ``(A) domestic capacity with respect to innovative, 
     commercial, and dual-use technologies and the use of 
     nontraditional defense contractors; and
       ``(B) the capacity of international allies and partners of 
     the United States with respect to such technologies and the 
     use of such contractors.
       ``(f) NIFE Resource Advisory Board.--
       ``(1) Establishment.--There is established in the 
     Department of Defense an advisory board to be known as the 
     `NIFE Resource Advisory Board' (referred to in this 
     subsection as the `Board').
       ``(2) Members.--The Board shall be composed of the 
     following members--
       ``(A) The Director of the Defense Innovation Unit.
       ``(B) The head of each service-level NIFE lead.
       ``(C) The Director of the Joint Staff.
       ``(D) The Chief Digital and Artificial Intelligence Officer 
     of the Department of Defense.
       ``(E) The Director of the Office of Strategic Capital of 
     the Department of Defense.
       ``(3) Chair.--The Director of the Defense Innovation Unit 
     shall serve as Chair of the Board.
       ``(4) Meetings.--The Board shall meet annually and may meet 
     more frequently at the call of the Chair.
       ``(5) Responsibilities.--On an annual basis the Board 
     shall--
       ``(A) identify not fewer than 10 objectives of the 
     Department of Defense that have the potential to be supported 
     using nontraditional capabilities that are capable of being 
     fielded at scale within a period of three years; and
       ``(B) for each objective identified under subparagraph 
     (A)--
       ``(i) develop a specific set of requirements and a budget 
     for the development and fielding of nontraditional 
     capabilities to support such objective; and
       ``(ii) based on such budget and requirements, solicit 
     proposals from public and private sector entities for 
     providing such capabilities.
       ``(6) Nonapplicability of certain requirements.--Section 
     1013(a)(2) of title 5 (relating to the termination of 
     advisory committees) shall not apply to the Board.
       ``(g) Definitions.--In this section:
       ``(1) The term `nontraditional capability' means a solution 
     to an operational challenge that can significantly leverage 
     commercial innovation or external capital with minimal 
     dependencies on fielded systems.
       ``(2) The term `nontraditional defense contractor' has the 
     meaning given that term in section 3014 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 303 of title 10, United States Code, is 
     amended by inserting after the item relating to section 4062 
     the following new item:

``4063. Defense Innovation Unit.''.
       (c) Effective Date and Implementation.--
       (1) Effective date.--The amendments made by subsections (a) 
     and (b) shall take effect 180 days after the date of the 
     enactment of this Act.
       (2) Implementation.--Not later than the effective date 
     specified in paragraph (1), the Secretary of Defense shall 
     issue or modify any rules, regulations, policies, or other 
     guidance necessary to implement the amendments made by 
     subsections (a) and (b).
       (d) Manpower Sufficiency Evaluation.--
       (1) Evaluation.--The Secretary of Defense shall evaluate 
     the staffing levels of the Defense Innovation Unit as of the 
     date of the enactment of this Act to determine if the Unit is 
     sufficiently staffed to achieve the responsibilities of the 
     Unit under sections 4063 and 4127 of title 10, United States 
     Code, as added by subsections (a) and (b) of this section.

[[Page S2782]]

       (2) Report.--Not later than the effective date specified in 
     subsection (c)(1), the Secretary of Defense shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the results of the evaluation 
     under paragraph (1). The report shall include a plan--
       (A) to address any staffing shortfalls identified as a part 
     of the assessment; and
       (B) for funding any activities necessary to address such 
     shortfalls.
                                 ______
                                 
  SA 669. Ms. ERNST 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. ELIMINATING SELF-CERTIFICATION FOR WOMEN-OWNED 
                   SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern owned and controlled by women.--
     The term ``small business concern owned and controlled by 
     women'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification in Prime Contracting and 
     Subcontracting for WOSBs.--
       (1) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by women in procurement contracts for Federal 
     agencies, as established in section 15(g)(2) of the Small 
     Business Act (15 U.S.C. 644(g)(2)), shall be entered into 
     with small business concerns certified by the Administrator 
     to meet the requirements under section 3(n) of such Act (15 
     U.S.C. 632(n)) to be a small business concern owned and 
     controlled by women.
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1 of the fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     subsection (d).
       (c) Phased Approach to Eliminating Self-Certification for 
     WOSBs.--Notwithstanding any other provision of law, any small 
     business concern that self-certified as a small business 
     concern owned and controlled by women may--
       (1) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of enactment of this Act, 
     maintain such self-certification until the Administrator 
     makes a determination with respect to such certification; and
       (2) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of enactment of this Act, lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by women.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
       (e) Agency Testimony Before Congress.--Section 15(g)(2) of 
     the Small Business Act (15 U.S.C. 644(g)(2)) is amended by 
     adding at the end the following:
       ``(G) Remediation.--Any Federal agency failing to meet the 
     goal for participation by small business concerns owned and 
     controlled by women established under paragraph (1)(B) in a 
     fiscal year shall--
       ``(i) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives the report required 
     under subsection (h)(1); and
       ``(ii) testify before the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the details of 
     the report submitted under clause (i), in particular the 
     justifications and remediation plan described in 
     subparagraphs (C) and (D) of subsection (h)(1).''.
       (f) Interagency Report.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Agriculture, the Secretary of the Treasury, and the head of 
     any other Federal agency that the Administrator determines 
     appropriate, shall submit to Congress an interagency report 
     that--
       (1) identifies the leading economic barriers for small 
     business concerns owned and controlled by women, particularly 
     for industries underrepresented by small business concerns 
     owned and controlled by women;
       (2) includes a detailed description of the impact of 
     inflation and supply chain disruptions on small business 
     concerns owned and controlled by women during the 3-year 
     period preceding the report;
       (3) makes recommendations to improve access to capital for 
     small business concerns owned and controlled by women; and
       (4) in consultation with the Office of Federal Procurement 
     Policy, makes recommendations for increasing the number of 
     Federal contract opportunities for small business concerns 
     owned and controlled by women.
                                 ______
                                 
  SA 670. Ms. ERNST 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. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED 
                   VETERAN-OWNED SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern; small business concerns owned 
     and controlled by service-disabled veterans.--The terms 
     ``small business concern'' and ``small business concerns 
     owned and controlled by service-disabled veterans'' have the 
     meanings given those terms in section 3 of the Small Business 
     Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification in Prime Contracting and 
     Subcontracting for SDVOSBs.--
       (1) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by service-disabled veterans in procurement 
     contracts for Federal agencies, as established in section 
     15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), 
     shall be entered into with small business concerns certified 
     by the Administrator as small business concerns owned and 
     controlled by service-disabled veterans under section 36 of 
     such Act (15 U.S.C. 657f).
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1 of the fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     subsection (d).
       (c) Phased Approach to Eliminating Self-Certification for 
     SDVOSBs.--Notwithstanding any other provision of law, any 
     small business concern that self-certified as a small 
     business concern owned and controlled by service-disabled 
     veterans may--
       (1) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of enactment of this Act, 
     maintain such self-certification until the Administrator 
     makes a determination with respect to such certification; and
       (2) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of enactment of this Act, lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by service-disabled veterans.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
                                 ______
                                 
  SA 671. Mr. SULLIVAN 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:
       In subtitle D of title XXXI of division C, add at the end 
     the following:

     SEC. 31__. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.

       (a) Definition of Covered Amounts.--In this section, the 
     term ``covered amounts'' means--
       (1) amounts made available to carry out title XVII of the 
     Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.); and
       (2) any other amount the Secretary of Energy may use to 
     make guarantees.
       (b) Administrative Expenses.--The Secretary of Energy may 
     use covered amounts, regardless of the fiscal year for which 
     such amounts are made available, for the purpose of 
     administrative expenses associated with carrying out the loan 
     guarantee program established in section 116 of the Alaska 
     Natural Gas Pipeline Act (15 U.S.C. 720n).
       (c) Multiple Covered Amounts.--In carrying out subsection 
     (b), the Secretary of Energy shall use covered amounts 
     equally from each program from which the covered amounts are 
     derived.
                                 ______
                                 
  SA 672. 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:

[[Page S2783]]

  

       At the appropriate place, insert the following:

     SEC. __. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL 
                   DEPICTIONS.

       (a) In General.--Chapter 88 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1802. Certain activities relating to intimate visual 
       depictions

       ``(a) Definitions.--In this section:
       ``(1) Communications service.--The term `communications 
     service' means--
       ``(A) a service provided by a person that is a common 
     carrier, as that term is defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153), insofar as the 
     person is acting as a common carrier;
       ``(B) an electronic communication service, as that term is 
     defined in section 2510;
       ``(C) an information service, as that term is defined in 
     section 3 of the Communications Act of 1934 (47 U.S.C. 153); 
     and
       ``(D) an interactive computer service, as that term is 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)).
       ``(2) Information content provider.--The term `information 
     content provider' has the meaning given that term in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
       ``(3) Intimate visual depiction.--The term `intimate visual 
     depiction' means any visual depiction (as that term is 
     defined in section 2256(5)) of an individual who is 
     recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image itself 
     or information or text displayed in connection with the 
     intimate image who has attained 18 years of age at the time 
     the intimate visual depiction is created and--
       ``(A) who is depicted engaging in sexually explicit 
     conduct; or
       ``(B) whose genitals, anus, pubic area, or female nipple 
     are unclothed and visible.
       ``(4) Visual depiction of a nude minor.--The term `visual 
     depiction of a nude minor' means any visual depiction (as 
     that term is defined in section 2256(5)) of an individual who 
     is recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image who was 
     under 18 years of age at the time the visual depiction was 
     created in which the actual anus, genitals, or pubic area, or 
     post-pubescent female nipple, of the minor are unclothed, 
     visible, and displayed in a manner that does not constitute 
     sexually explicit conduct.
       ``(5) Sexually explicit conduct.--The term `sexually 
     explicit conduct' has the meaning given that term in section 
     2256(2)(A).
       ``(b) Offenses.--
       ``(1) In general.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or 
     foreign commerce or affecting interstate or foreign commerce, 
     an intimate visual depiction of an individual--
       ``(A) with knowledge of the lack of consent of the 
     individual to the distribution;
       ``(B) where what is depicted was not voluntarily exposed by 
     the individual in a public or commercial setting; and
       ``(C) where what is depicted is not a matter of public 
     concern.
     For purposes of this paragraph, the fact that the subject of 
     the depiction consented to the creation of the depiction 
     shall not establish that that person consented to its 
     distribution.
       ``(2) Minors.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to knowingly 
     distribute using any means or facility of interstate or 
     foreign commerce or affecting interstate or foreign commerce, 
     a visual depiction of a nude minor with intent to abuse, 
     humiliate, harass, or degrade the minor, or to arouse or 
     gratify the sexual desire of any person.
       ``(c) Penalty.--
       ``(1) In general.--Any person who violates subsection (b), 
     or attempts or conspires to do so, shall be fined under this 
     title, imprisoned not more than 5 years, or both.
       ``(2) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation involving intimate visual 
     depictions or visual depictions of a nude minor under this 
     section, or convicted of a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section, shall order, in addition to 
     any other sentence imposed and irrespective of any provision 
     of State law, that such person forfeit to the United States--
       ``(i) any material distributed in violation of this 
     section;
       ``(ii) such person's interest in property, real or 
     personal, constituting or derived from any gross proceeds of 
     such violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     such violation; and
       ``(iii) any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of such 
     offense.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), applies to the criminal forfeiture of property 
     pursuant to subparagraph (A).
       ``(3) Restitution.--Restitution shall be available as 
     provided in section 2264 of this title.
       ``(d) Exceptions.--
       ``(1) Law enforcement, lawful reporting, and other legal 
     proceedings.--This section--
       ``(A) does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States;
       ``(B) shall not apply in the case of an individual acting 
     in good faith to report unlawful or unsolicited activity or 
     in pursuance of a legal or professional or other lawful 
     obligation; and
       ``(C) shall not apply in the case of a document production 
     or filing associated with a legal proceeding.
       ``(2) Service providers.--This section shall not apply to 
     any provider of a communications service with regard to 
     content provided by another information content provider 
     unless the provider of the communications service 
     intentionally solicits, or knowingly and predominantly 
     distributes, such content.
       ``(e) Threats.--Any person who threatens to commit an 
     offense under subsection (b) shall be punished as provided in 
     subsection (c).
       ``(f) Extraterritoriality.--There is extraterritorial 
     Federal jurisdiction over an offense under this section if 
     the defendant or the depicted individual is a citizen or 
     permanent resident of the United States.
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed to limit the application of any other relevant 
     law, including section 2252 of this title.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     88 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1801 the following:

``1802. Certain activities relating to intimate visual depictions.''.
       (c) Conforming Amendment.--Section 2264(a) of title 18, 
     United States Code, is amended by inserting ``, or under 
     section 1802 of this title'' before the period.
                                 ______
                                 
  SA 673. 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 end of subtitle G of title X, add the following:

     SEC. 1083. SUPPORT FOR NATIONALS OF AFGHANISTAN APPLYING FOR 
                   STUDENT VISAS.

       (a) Exception With Respect to Residence.--To be eligible as 
     a nonimmigrant described in section 101(a)(15)(F) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), an 
     individual who is a national of Afghanistan or a person with 
     no nationality who last habitually resided in Afghanistan 
     shall meet all requirements for such nonimmigrant status 
     except that the individual shall not be required to 
     demonstrate residence in Afghanistan or an intention not to 
     abandon such residence.
       (b) Applicability.--
       (1) In general.--The exception under subsection (a) shall 
     apply during the period beginning on the date of the 
     enactment of this Act and ending on the date that is two 
     years after such date of enactment.
       (2) Extension.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State--
       (A) shall periodically review the country conditions in 
     Afghanistan; and
       (B) may renew the exception under subsection (a) in 18-
     month increments based on such conditions.
                                 ______
                                 
  SA 674. 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 end of subtitle G of title X, add the following:

     SEC. 1083. SUPPORT FOR NATIONALS OF AFGHANISTAN APPLYING FOR 
                   SPECIAL IMMIGRANT VISAS OR REFUGEE STATUS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should increase support for nationals of 
     Afghanistan who--
       (1) aided the United States mission in Afghanistan during 
     the past 20 years and are now under threat from the Taliban, 
     specifically such nationals of Afghanistan who--
       (A) are special immigrant visa applicants; or
       (B) have been referred to the United States Refugee 
     Admissions Program, including through the Priority 2 
     designation for nationals of Afghanistan; and
       (2) remain in Afghanistan or are in third countries.
       (b) Requirements.--The Secretary of State, in coordination 
     with the Secretary of

[[Page S2784]]

     Homeland Security and the head of any other relevant Federal 
     department or agency, shall further surge capacity, including 
     by increasing consular personnel at any United States embassy 
     or consulate in the region that processes visa applications 
     for nationals of Afghanistan--
       (1) to better support nationals of Afghanistan who--
       (A)(i) are special immigrant visa applicants who have been 
     approved by the Chief of Mission; or
       (ii) have been referred to the United States Refugee 
     Admissions Program, including through the Priority 2 
     designation for nationals of Afghanistan; and
       (2) to reduce application processing times for such 
     nationals of Afghanistan while ensuring strict and necessary 
     security vetting, including, to the extent practicable, by 
     enabling such nationals of Afghanistan who have been referred 
     to the United States Refugee Admissions Program to initiate 
     application processing while still in Afghanistan.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to require the Secretary of State to decrease the 
     capacity to process visa applications at United States 
     embassies or consulates worldwide.
                                 ______
                                 
  SA 675. Ms. KLOBUCHAR (for herself, Mr. Graham, Mr. Coons, Mr. Moran, 
Mr. Blumenthal, Ms. Murkowski, Mrs. Shaheen, Mr. Tillis, and Mr. 
Durbin) 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 title X, add the following:

                   Subtitle H--Afghan Adjustment Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Afghan Adjustment 
     Act''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on the Judiciary of the House of 
     Representatives;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on Armed Services of the House of 
     Representatives; and
       (H) the Committee on Appropriations of the House of 
     Representatives.
       (2) 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)).
       (3) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) section 1097 or an amendment made by such section.
       (4) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (5) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 1093. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) nationals of Afghanistan residing outside the United 
     States who meet the requirements for admission to the United 
     States through a specified special immigrant visa application 
     have demonstrably aided the United States mission in 
     Afghanistan during the past 20 years; and
       (2) the United States should increase support for such 
     nationals of Afghanistan.

     SEC. 1094. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding the status of a specified application submitted by, 
     or on behalf of, a national of Afghanistan, including any 
     information that has been provided to the applicant, in 
     accordance with section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)).
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall designate an appropriate office 
     within the Department of State--
       (1) to review specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan, including by 
     conducting any required interviews;
       (2) to issue visas or other travel documents to such 
     nationals, in accordance with the immigration laws;
       (3) to provide services to such nationals, to the greatest 
     extent practicable, that would normally be provided by an 
     embassy; and
       (4) to carry out any other function that the Secretary 
     considers necessary.

     SEC. 1095. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (1) to develop and oversee the implementation of the 
     strategy and contingency plan described in subsection 
     (d)(1)(A); and
       (2) to submit the report, and provide a briefing on the 
     report, as described in subsection (d).
       (b) Membership.--
       (1) In general.--The Task Force shall include--
       (A) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (B) any other Federal Government official designated by the 
     President.
       (2) Defined term.--In this subsection, the term ``relevant 
     Federal agency'' means--
       (A) the Department of State;
       (B) the Department Homeland Security;
       (C) the Department of Defense;
       (D) the Department of Health and Human Services;
       (E) the Federal Bureau of Investigation; and
       (F) the Office of the Director of National Intelligence.
       (c) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (d) Duties.--
       (1) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--
       (i) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (ii) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.
       (B) Elements.--The report required under subparagraph (A) 
     shall include--
       (i) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (I) such nationals in Afghanistan and such nationals in a 
     third country;
       (II) type of specified application; and
       (III) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (ii) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status under 
     section 1097 or an amendment made by such section;
       (iii) with respect to the strategy required under 
     subparagraph (A)(i)--

       (I) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (II) a description of the process for safely resettling 
     such nationals;
       (III) a plan for processing such nationals of Afghanistan 
     for admission to the United States, that--

       (aa) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (bb) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (cc) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (dd) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (ee) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;

       (IV) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary of 
     Homeland Security to increase the number of such nationals of 
     Afghanistan who can be safely processed or resettled;
       (V) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (VI) an estimate of the cost to fully implement the 
     strategy; and
       (VII) any other matter the Task Force considers relevant to 
     the implementation of the strategy; and

[[Page S2785]]

       (iv) with respect to the contingency plan required by 
     subparagraph (A)(ii)--

       (I) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (II) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (III) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (IV) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund; and
       (V) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan.

       (C) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (2) Briefing.--Not later than 60 days after submitting the 
     report required by paragraph (1), the Task Force shall brief 
     the appropriate committees of Congress on the contents of the 
     report.
       (e) Termination.--The Task Force shall remain in effect 
     until the earlier of--
       (1) the date on which the strategy required under 
     subsection (d)(1)(A)(i) has been fully implemented; or
       (2) the date that is 10 years after the date of the 
     enactment of this Act.

     SEC. 1096. ADJUSTMENT OF STATUS FOR ELIGIBLE INDIVIDUALS.

       (a) Defined Term.--In this section, the term ``eligible 
     individual'' means an alien who--
       (1) is present in the United States--
       (2) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan; and
       (3)(A) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act;
       (B) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary of Homeland Security upon written 
     notice; or
       (C)(i) was admitted or paroled into the United States after 
     the date of the enactment of this Act; and
       (ii) has been determined by the Secretary of Homeland 
     Security, in cooperation with the Secretary of Defense and 
     other Federal agency partners, to have directly and 
     personally supported the United States mission in 
     Afghanistan, to an extent considered comparable to the 
     support provided by individuals who have received Chief of 
     Mission approval as part of their application for special 
     immigrant status.
       (b) Adjustment of Status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall 
     adjust the status of an eligible individual to the status of 
     an alien lawfully admitted for permanent residence if--
       (1) the eligible individual--
       (A) submits an application for adjustment of status in 
     accordance with procedures established by the Secretary; and
       (B) meets the requirements of this section; and
       (2) the Secretary determines, in the unreviewable 
     discretion of the Secretary, that the adjustment of status of 
     the eligible individual is not contrary to the national 
     interest, public safety, or national security of the United 
     States.
       (c) Admissibility.--
       (1) In general.--Subject to paragraph (2), the provisions 
     of section 209(c) of the Immigration and Nationality Act (8 
     U.S.C. 1159(c)) (relating to the admissibility of refugees 
     seeking adjustment of status) shall apply to applicants for 
     adjustment of status under this section.
       (2) Additional limitations on admissibility.--The Secretary 
     of Homeland Security may not waive under section 209(c) of 
     the Immigration and Nationality Act (8 U.S.C. 1159(c))--
       (A) any ground of inadmissibility under paragraph (3) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)); or
       (B) any applicable ground of inadmissibility under 
     paragraph (2) of that section that arises due to criminal 
     conduct that was committed in the United States on or after 
     July 30, 2021.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to limit any other waiver authority applicable 
     under the immigration laws to an applicant for adjustment of 
     status.
       (d) Interview and Vetting Requirements.--
       (1) Requirements for in-person interview and vetting.--
       (A) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and, as 
     appropriate, the Attorney General, shall establish vetting 
     requirements for applicants seeking adjustment of status 
     under this section that are equivalent in rigor to the 
     vetting requirements for refugees admitted to the United 
     States through the United States Refugee Admissions Program 
     by conducting--
       (i) an in-person interview (except in the case of a child 
     who was younger than 10 years of age at the time of admission 
     or parole);
       (ii) biometric and biographic screening to identify any 
     derogatory information associated with applicants;
       (iii) a review and analysis of the data holdings of the 
     Department of Defense, the Department of Homeland Security, 
     and other cooperating interagency partners, including 
     biographic and biometric records, iris scans, fingerprints, 
     voice biometric information, hand geometry biometrics, and 
     other identifiable information; and
       (iv) a review of the information required to be collected 
     under paragraph (2).
       (B) Clearance of vetting requirements.--
       (i) In general.--The Secretary of Homeland Security may not 
     adjust the status of an eligible individual to that of an 
     alien lawfully admitted for permanent residence under this 
     section until--

       (I) the vetting requirements described in subparagraph (A) 
     have been implemented; and
       (II) the eligible individual clears the vetting 
     requirements established under subparagraph (A).

       (ii) Prioritization.--The Secretary of Homeland Security 
     shall prioritize the vetting of applicants under this 
     paragraph in a manner that best ensures national security.
       (iii) Previous vetting.--The Secretary of Homeland Security 
     shall conduct the vetting requirements established under 
     subparagraph (A) with respect to each applicant for 
     adjustment of status under this section regardless of whether 
     the applicant has undergone previous vetting.
       (C) Interview at port of entry.--An interview of an 
     individual by a U.S. Customs and Border Protection official 
     at a port of entry shall not be considered to satisfy the in-
     person interview requirement under subparagraph (A)(i).
       (D) Rule of construction.--Nothing in this paragraph may be 
     construed to require, as part of the vetting requirements 
     under this subsection, that the Secretary of Homeland 
     Security collect from an applicant any biometric information 
     that the Department of Homeland Security already has on file.
       (2) Vetting database requirement.--
       (A) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and, as 
     appropriate, partners in the intelligence community 
     (including officials of the Department of State, the Federal 
     Bureau of Investigation, and the National Counterterrorism 
     Center), shall maintain records that contain, for each 
     applicant under this section for the duration of the pendency 
     of their application for adjustment of status--
       (i) personal biographic information, including name and 
     date of birth;
       (ii) biometric information, including, where available, 
     iris scans, photographs, and fingerprints; and
       (iii) the results of all vetting by the United States 
     Government to which the applicant has submitted, including 
     whether the individual has undergone an in-person vetting 
     interview, and any recurrent vetting.
       (B) Information sharing.--In response to a request from the 
     Secretary of Homeland Security, in accordance with 
     subparagraph (A), Federal agencies shall share information to 
     the extent authorized by law.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to limit the authority of the Secretary of 
     Homeland Security to maintain records under any other law.
       (e) Record of Admission.--
       (1) Priority for those who supported the united states 
     mission in afghanistan.--Upon the approval of an application 
     for adjustment of status under this section submitted by an 
     applicant (and the spouse and child of an applicant, if 
     otherwise eligible for adjustment of status under this 
     section) who submits documentation establishing that the 
     applicant has received Chief of Mission approval as part of 
     their application for special immigrant status, the Secretary 
     of Homeland Security shall create a record of the alien's 
     admission as a lawful permanent resident as of the date on 
     which the alien was inspected and admitted or paroled into 
     the United States.
       (2) Other applicants.--Upon the approval of an application 
     for adjustment of status under this section submitted by an 
     applicant other than an applicant described in paragraph (1), 
     the Secretary of Homeland Security shall create a record of 
     the alien's admission as a lawful permanent resident as of 
     the date on which the alien's application for adjustment of 
     status under this section was approved.
       (f) Deadline for Application.--
       (1) In general.--Except as provided in paragraph (2), an 
     individual described in subsection (a) may only adjust status 
     under this section if the individual submits an application 
     for adjustment of status not later than the later of--
       (A) the date that is 2 years after the date on which final 
     guidance described in subsection (i)(2) is published; or
       (B) the date that is 2 years after the date on which such 
     individual becomes eligible to apply for adjustment of status 
     under this section.
       (2) Exception.--An application under this section may be 
     considered after the applicable date described in paragraph 
     (1), if the applicant demonstrates to the satisfaction of

[[Page S2786]]

     the Secretary of Homeland Security the existence of 
     extraordinary circumstances relating to the delay in 
     submission of the application.
       (g) Prohibition on Further Authorization of Parole.--An 
     individual described in subsection (a) who was paroled into 
     the United States shall not be authorized for an additional 
     period of parole if such individual fails to submit an 
     application for adjustment of status by the deadline 
     described in subsection (f).
       (h) Employment Authorization.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security may 
     extend the period of employment authorization provided to an 
     individual described in subparagraph (A) or (B) of subsection 
     (a)(2) to the extent that the individual has been granted any 
     additional period of parole.
       (i) Implementation.--
       (1) Interim guidance.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue guidance implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication, but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act'') shall not apply to the 
     guidance issued under this paragraph.
       (j) Administrative Review.--The Secretary of Homeland 
     Security shall provide applicants for adjustment of status 
     under this section with the same right to, and procedures 
     for, administrative review as are provided to applicants for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (k) Prohibition on Fees.--The Secretary of Homeland 
     Security may not charge a fee to any eligible individual in 
     connection with--
       (1) an application for adjustment of status or employment 
     authorization under this section; or
       (2) the initial issuance of a permanent resident card or an 
     employment authorization document under this section.
       (l) Pending Applications.--
       (1) In general.--During the period beginning on the date on 
     which an alien files a bona fide application for adjustment 
     of status under this section and ending on the date on which 
     the Secretary of Homeland Security makes a final 
     administrative decision regarding such application, an 
     applicant included in such application who remains in 
     compliance with all application requirements may not be--
       (A) removed from the United States unless the Secretary of 
     Homeland Security makes a prima facie determination that the 
     alien is, or has become, ineligible for adjustment of status 
     under this section;
       (B) considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); or
       (C) considered an unauthorized alien (as defined in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(h)(3))) if the alien has applied for and has been 
     issued an employment authorization document.
       (2) Effect on other applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary of Homeland Security may pause consideration of any 
     other application for immigration benefits pending 
     adjudication so as to prioritize an application for 
     adjustment of status pursuant to this subtitle.
       (m) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note, Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application under this section or is granted 
     adjustment of status under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from five-year limited eligibility for means-
     tested public benefits.-- Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien who status is adjusted to that of an alien 
     lawfully admitted for permanent residence under section 1096 
     of the Afghan Adjustment Act.''.
       (n) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible for adjustment of status under 
     this section if--
       (1) the eligible individual was under 18 years of age on 
     the date on which the eligible individual was admitted or 
     paroled into the United States; and
       (2) such parent or legal guardian was paroled into or 
     admitted to the United States after the date referred to in 
     paragraph (1).
       (o) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted adjustment of status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted adjustment of status 
     under this section, seeking classification of the spouse or 
     child under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (p) Notification of Eligible Individuals.--The Secretary of 
     Homeland Security shall make reasonable efforts to notify 
     eligible individuals, including eligible individuals who 
     independently departed United States Government facilities, 
     with respect to--
       (1) the requirements for applying to adjust status under 
     this section;
       (2) the deadline for submitting an application; and
       (3) the consequences under subsection (g) for failing to 
     apply for adjustment of status.
       (q) Reporting Requirements.--
       (1) Report and consultation on vetting requirements.--
       (A) Initial congressional consultation on vetting.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security and the Secretary of 
     Defense shall jointly inform and consult with the appropriate 
     committees of Congress, in a classified or unclassified 
     setting, with respect to the vetting requirements for 
     applicants seeking adjustment of status under this section, 
     including the nature of the interview and biometric and 
     biographical screening processes required for such applicants 
     and the amount of time needed by the agencies to set up the 
     procedures and database required by this section.
       (B) Second congressional consultation on vetting.--Not 
     later than the earlier of the date that is 180 days after the 
     date of the enactment of this Act or the date on which the 
     Secretary of Homeland Security begins accepting applications 
     for adjustment of status under this subtitle, the Secretary 
     shall provide to the appropriate committees of Congress with 
     a second consultation on--
       (i) the status of the vetting under this section, including 
     the steps the Secretary has taken to respond to feedback 
     provided during the initial consultation under subparagraph 
     (A); and
       (ii) the progress of the Secretary toward fully setting up 
     the procedures and database required by this section.
       (2) Briefing.--
       (A) In general.--Not later than 1 year after the 
     application deadline under subsection (f)(1)(A), the 
     Secretary of Homeland Security shall provide the appropriate 
     committees of Congress with a briefing on the status of the 
     vetting under this section of eligible individuals, including 
     a plan for addressing any identified security concerns.
       (B) Element.--The briefing required by subparagraph (A) 
     shall include information on individuals who are eligible for 
     adjustment of status under this section but did not--
       (i) submit an application for adjustment of status under 
     this section; or
       (ii) meet the requirements of subsection (f)(2).
       (3) Information request by member of congress.--Upon 
     request by a Member of Congress on behalf of an applicant or 
     by any of the appropriate committees of Congress, the 
     Secretary of Homeland Security shall provide, in a classified 
     or an unclassified setting, as appropriate, the basis for an 
     exercise of discretion under subsection (b)(2) that resulted 
     in the denial of an application for adjustment of status.
       (r) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     eligible individual is otherwise entitled.
       (s) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Secretary of Homeland Security 
     $20,000,000 for each of the fiscal years 2023 through 2027 to 
     carry out this section.

     SEC. 1097. NEW CATEGORY OF SPECIAL IMMIGRANT VISAS FOR AT-
                   RISK AFGHAN ALLIES AND RELATIVES OF CERTAIN 
                   MEMBERS OF THE ARMED FORCES.

       (a) At-Risk Afghan Allies.--
       (1) In general.--The Secretary of Homeland Security, or, 
     notwithstanding any other provision of law, the Secretary of 
     State may provide an alien described in paragraph (2) (and 
     the spouse and children of the alien if accompanying or 
     following to join the alien) with the status of a special 
     immigrant under section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) if--
       (A) the alien or an agent acting on behalf of the alien 
     submits a request for a recommendation under paragraph (3);
       (B) the alien is otherwise admissible to the United States 
     and eligible for lawful permanent residence (excluding the 
     grounds of inadmissibility under section 212(a)(4) of such 
     Act (8 U.S.C. 1182(a)(4))); and

[[Page S2787]]

       (C) with respect to the alien, the Secretary of Defense has 
     made a positive recommendation under paragraph (3).
       (2) Alien described.--
       (A) In general.--An alien described in this paragraph is an 
     alien who--
       (i) is a citizen or national of Afghanistan;
       (ii) was--

       (I) a member of--

       (aa) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (bb) the Afghanistan National Army Special Operations 
     Command;
       (cc) the Afghan Air Force; or
       (dd) the Special Mission Wing of Afghanistan;

       (II) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (aa) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (bb) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (III) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (IV) an individual associated with former Afghan military 
     counterintelligence;
       (V) an individual associated with the former Afghan 
     Ministry of Defense who was involved in the prosecution and 
     detention of combatants; or
       (VI) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan;

       (iii) provided service to an entity or organization 
     described in clause (ii) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan; and
       (iv) is recommended positively by the Secretary of Defense 
     to the Secretary of State or the Secretary of Homeland 
     Security, based on a consideration of the information 
     described in paragraph (3)(A)(ii).
       (B) Inclusions.--For purposes of eligibility under this 
     paragraph, the Afghanistan National Defense and Security 
     Forces includes members of the security forces under the 
     Ministry of Defense and the Ministry of Interior Affairs of 
     the Islamic Republic of Afghanistan, including the 
     Afghanistan National Army, the Afghan Air Force, the 
     Afghanistan National Police, and any other entity designated 
     by the Secretary of Defense as part of the Afghanistan 
     National Defense and Security Forces during the relevant 
     period of service of the applicant concerned.
       (3) Department of defense recommendation.--
       (A) In general.--With respect to each principal applicant 
     under this section, as soon as practicable after receiving a 
     request for a recommendation, the Secretary of Defense 
     shall--
       (i) review--

       (I)(aa) the service record of the principal applicant, if 
     available; or
       (bb) if the principal applicant provides a service record, 
     any information that helps verify the service record 
     concerned; and
       (II) the data holdings of the Department of Defense and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information;

       (ii) submit a positive or negative recommendation to the 
     Secretary of State or the Secretary of Homeland Security as 
     to whether the principal applicant meets the requirements 
     under paragraph (2) without significant derogatory 
     information; and
       (iii) submit with such recommendation--

       (I)(aa) any service record concerned, if available; or
       (bb) if the principal applicant provides a service record, 
     any information that helps verify the service record 
     concerned; and
       (II) any biometrics for the principal applicant that have 
     been collected by the Department of Defense.

       (B) Effect of no available service records.--If no service 
     records are available for a principal applicant, the 
     Secretary of Defense may review any referral from a former or 
     current official of the Department of Defense who has 
     knowledge of the principal applicant's service as described 
     in paragraph (2)(A)(ii).
       (C) Personnel to support recommendations.--Any limitation 
     in law on the number of personnel within the Office of the 
     Secretary of Defense, the military departments, or the 
     defense agencies shall not apply to personnel employed for 
     the primary purpose of carrying out this paragraph.
       (D) Review process for negative department of defense 
     recommendation.--
       (i) In general.--An applicant who has a negative 
     recommendation from the Department of Defense, as described 
     in subparagraph (A)(ii), or with derogatory information 
     shall--

       (I) receive a written notice of negative recommendation 
     from the Secretary of Defense that provides, to the maximum 
     extent practicable, information describing the basis for the 
     negative recommendation, including the facts and inferences, 
     or evidentiary gaps, underlying the individual determination; 
     and
       (II) be provided not more than 1 written appeal to the 
     Secretary of Defense for each such negative recommendation.

       (ii) Deadline for appeal.--An appeal under subclause (II) 
     of clause (i) shall be submitted not more than 120 days after 
     the date on which the applicant concerned receives a decision 
     under subclause (I) of that clause, or thereafter at the 
     discretion of the Secretary of Defense or the Secretary of 
     Homeland Security.
       (iii) Request to reopen.--

       (I) In general.--An applicant who receives a negative 
     recommendation under clause (i) may submit a request for a 
     Department of Defense recommendation so that the applicant 
     may provide additional information, clarify existing 
     information, or explain any unfavorable information.
       (II) Limitation.--After considering 1 such request to 
     reopen from an applicant, the Secretary of Defense may deny 
     subsequent requests to reopen submitted by the same 
     applicant.

       (b) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--Section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
     amended--
       (1) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (c) General Provisions.--
       (1) Prohibition on fees.--The Secretary of Homeland 
     Security, the Secretary of Defense, or the Secretary of State 
     may not charge any fee in connection with an application for, 
     or issuance of, a special immigrant visa or special immigrant 
     status under--
       (A) this section or an amendment made by this section;
       (B) section 602 of the Afghan Allies Protection Act of 2009 
     ( 8 U.S.C. 1101 note; Public Law 111-8); or
       (C) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163).
       (2) Representation.--An alien applying for admission to the 
     United States under this section, or an amendment made by 
     this section, may be represented during the application 
     process, including at relevant interviews and examinations, 
     by an attorney or other accredited representative. Such 
     representation shall not be at the expense of the United 
     States Government.
       (3) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under this section may not exceed 11,500 each 
     fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under this section during the given fiscal 
     year.
       (C) Maximum number of visas.--The total number of principal 
     aliens who may be provided special immigrant visas under this 
     section shall not exceed 34,500.
       (D) Duration of authority.--The authority to issue visas 
     under this section shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (4) Exclusion from numerical limitations.--Aliens provided 
     special immigrant visas under this section, or an amendment 
     made by this section, shall not be counted against any 
     numerical limitation under sections 201(d), 202(a), or 
     203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1151(d), 1152(a), and 1153(b)(4)) or section 602 of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8).
       (5) Order of consideration.--Immigrant visas shall be made 
     available under this section to eligible immigrants in the 
     order in which the Secretary of Defense has issued a 
     recommendation under subsection (a)(3), subject to the 
     requirements of the adjudication process.
       (6) Protection of aliens.--The Secretary of State, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under this 
     section, or an amendment made by this section, protection or 
     to immediately remove such alien from Afghanistan, if 
     possible.
       (7) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section, or an amendment made by this section, solely because 
     the alien qualifies as an immediate relative or is eligible 
     for any other immigrant classification.
       (8) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States as a special 
     immigrant under this section or an amendment made by this 
     section shall be eligible for resettlement assistance, 
     entitlement programs, and other benefits available to 
     refugees admitted under

[[Page S2788]]

     section 207 of such Act (8 U.S.C. 1157) to the same extent, 
     and for the same periods of time, as such refugees.
       (9) Adjustment of status.--Notwithstanding paragraph (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subparagraph (N) of section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) or 
     subsection (a)(2) of this section to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a) of such section 245 if the alien--
       (A) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (B) is otherwise eligible for status as a special immigrant 
     under--
       (i) this section; or
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (10) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security, the 
     Secretary of State, the Secretary of Defense, and the 
     Secretary of Health and Human Services such sums as are 
     necessary for each of the fiscal years 2023 through 2033 to 
     carry out this section and the amendments made by this 
     section.

     SEC. 1098. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during 
     Operation Allies Welcome, Enduring Welcome, and any successor 
     operation, the Secretary of Homeland Security and the 
     Secretary of State may waive any fee or surcharge or exempt 
     individuals from the payment of any fee or surcharge 
     collected by the Department of Homeland Security and the 
     Department of State, respectively, in connection with a 
     petition or application for, or issuance of, an immigrant 
     visa to a national of Afghanistan under section 
     201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
     Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a), respectively.

     SEC. 1099. SEVERABILITY.

       If any provision of this subtitle, or the application of 
     such provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of this subtitle, and the 
     application of the remaining provisions of this subtitle to 
     any person or circumstance, shall not be affected.

     SEC. 1099A. DATE LIMITATION.

       The Secretary of Homeland Security may not grant an 
     application for adjustment of status under section 1096 or an 
     application for special immigrant status under section 1097, 
     or an amendment made by section 1097, before the Secretary 
     has implemented the vetting procedures required by this 
     subtitle, and in no event before January 1, 2024.
                                 ______
                                 
  SA 676. Mr. BOOKER 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 VIII, insert the 
     following:

     SEC. __. COMPLIANCE PROCEDURES FOR PROHIBITION ON CRIMINAL 
                   HISTORY INQUIRIES BY FEDERAL CONTRACTORS PRIOR 
                   TO CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--Section 4714 of title 41, 
     United States Code, is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Compliance.--
       ``(1) Procedures for submission of complaint.--The 
     Secretary of Labor shall establish, and make available to the 
     public, procedures under which an applicant for a position 
     with a Federal contractor may submit to the Secretary a 
     complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(2) Investigation of compliance.--In addition to the 
     authority to investigate compliance by a contractor with 
     subsection (a)(1)(B) pursuant to a complaint submitted under 
     paragraph (1) of this subsection, the Secretary of Labor may 
     investigate compliance with subsection (a)(1)(B) in 
     conducting a compliance evaluation under section 60-1.20, 60-
     300.60, or 60-741.60 of title 41, Code of Federal Regulations 
     (or any successor regulation). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``head of an executive agency'' and 
     inserting ``Secretary of Labor'';
       (ii) by inserting ``, based upon the results of a complaint 
     investigation or compliance evaluation conducted by the 
     Secretary of Labor under section 60-1.20, 60-300.60, or 60-
     741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation)'' after ``determines'';
       (iii) by striking ``such head'' and inserting ``the 
     Secretary of Labor''; and
       (iv) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``head of an executive agency'' and 
     inserting ``Secretary of Labor'';
       (ii) by inserting ``, based upon the results of a complaint 
     investigation or compliance evaluation conducted by the 
     Secretary of Labor under section 60-1.20, 60-300.60, or 60-
     741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation),'' after ``determines'';
       (iii) by striking ``such head'' and inserting ``the 
     Secretary of Labor''; and
       (iv) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (v) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions described under section 
     202(7) of Executive Order 11246 (related to equal employment 
     opportunity) and section 60-1.27 of title 41, Code of Federal 
     Regulations (or any successor regulation).''.
       (b) Defense Contracts.--Section 4657 of title 10, United 
     States Code, is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Compliance.--
       ``(1) Procedures for submission of complaint.--The 
     Secretary of Labor shall establish, and make available to the 
     public, procedures under which an applicant for a position 
     with a Federal contractor may submit to the Secretary of 
     Labor a complaint, or any other information, relating to 
     compliance by the contractor with subsection (a)(1)(B).
       ``(2) Investigation of compliance.--In addition to the 
     authority to investigate compliance by a contractor with 
     subsection (a)(1)(B) pursuant to a complaint submitted under 
     paragraph (1) of this subsection, the Secretary of Labor may 
     investigate compliance with subsection (a)(1)(B) in 
     conducting a compliance evaluation under section 60-1.20, 60-
     300.60, or 60-741.60 of title 41, Code of Federal Regulations 
     (or any successor regulation). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Defense'' and inserting ``Labor'';
       (ii) by inserting ``of Labor'' before ``shall''; and
       (iii) by inserting ``, based upon the results of a 
     complaint investigation or compliance evaluation conducted by 
     the Secretary of Labor under section 60-1.20, 60-300.60, or 
     60-741.60 of title 41, Code of Federal Regulations (or any 
     successor regulation),'' after ``determines''; and
       (iv) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Labor'';
       (ii) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions described under section 
     202(7) of Executive Order 11246 (related to equal employment 
     opportunity) and section 60-1.27 of title 41, Code of Federal 
     Regulations (or any successor regulation).''.
       (c) Application.--This section, and the amendments made by 
     this section, shall apply with respect to contracts awarded 
     on or after the date that is 16 months after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 677. Mr. BOOKER 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. EXPANSION OF SUPPORTIVE SERVICES FOR VERY LOW-
                   INCOME VETERAN FAMILIES TO INCLUDE FORMER 
                   MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
                   FORCES.

       (a) Expansion of Eligibility.--Section 2044 of title 38, 
     United States Code, is amended--
       (1) in the section heading, by striking ``veteran'' and 
     inserting ``eligible'';
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``veteran families'' and 
     inserting ``eligible families'';
       (B) in paragraph (4), by striking ``veteran families'' and 
     inserting ``eligible families''; and
       (C) in paragraph (6), by striking ``veteran family'' and 
     inserting ``eligible family'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``veteran families'' and inserting ``eligible families''; and
       (ii) in subparagraph (D)(vii), by striking ``veteran 
     family'' and inserting ``eligible family'';
       (B) in paragraph (2), by striking ``veteran families'' and 
     inserting ``eligible families''; and
       (C) in paragraph (3), by striking ``veteran families'' and 
     inserting ``eligible families'';
       (4) in subsection (c)(2), by striking ``veteran families'' 
     each place it appears and inserting ``eligible families'';
       (5) in subsection (d)(1), by striking ``veteran families'' 
     and inserting ``eligible families''; and
       (6) in subsection (f)--
       (A) in paragraph (6)(A)--
       (i) by striking ``very low-income veteran family'' and 
     inserting ``very low-income eligible family''; and

[[Page S2789]]

       (ii) by striking ``a veteran family'' and inserting ``an 
     eligible family''; and
       (B) by striking paragraph (7) and inserting the following:
       ``(7) The term `eligible family' includes--
       ``(A) a veteran who is a single person;
       ``(B) a family in which the head of household or the spouse 
     of the head of household is a veteran;
       ``(C) a former member of a reserve component of the Armed 
     Forces who has retired or separated from service after having 
     served a term of enlistment and is a single person; and
       ``(D) a family in which the head of household or spouse of 
     the head of household is a former member of a reserve 
     component of the Armed Forces who has retired or separated 
     from service after having served a term of enlistment.''.
       (b) Funding.--Subsection (e) of such section, as most 
     recently amended by section 305(a) of the Joseph Maxwell 
     Cleland and Robert Joseph Dole Memorial Veterans Benefits and 
     Health Care Improvement Act of 2022 (division U of Public Law 
     117-328), is further amended--
       (1) by inserting ``(1)'' before ``From amounts''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Of amounts available under paragraph (1)(H) for 
     fiscal year 2024, $50,000,000 shall be available to carry out 
     subsections (a), (b), and (c) with respect to eligible 
     families described in subparagraphs (C) and (D) of subsection 
     (f)(7).
       ``(B) Any amounts made available under subparagraph (A) to 
     carry out subsections (a), (b), and (c) with respect to 
     eligible families described in subparagraphs (C) and (D) of 
     subsection (f)(7) that remain available after supportive 
     services have been provided to such families under this 
     section shall be available during fiscal year 2024 to carry 
     out subsections (a), (b), and (c) with respect to eligible 
     families described in subparagraphs (A) and (B) of such 
     subsection.''.

     SEC. 1084. STUDY ON FOOD AND HOUSING INSECURITY EXPERIENCED 
                   BY MEMBERS OF THE RESERVE COMPONENTS OF THE 
                   ARMED FORCES.

       (a) Report on Establishment of Study.--Not later than one 
     year after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a report 
     detailing plans to establish a study to analyze food and 
     housing insecurity experienced by members of the reserve 
     components of the Armed Forces.
       (b) Conduct of Study.--Not later than 120 days after the 
     date on which the report required by subsection (a) is 
     submitted, the Secretary of Defense shall begin conducting 
     the study described in such subsection.
       (c) Annual Report.--Not later than one year after the date 
     on which the report required by subsection (a) is submitted, 
     and annually thereafter, the Secretary of Defense shall 
     submit to Congress a report including the findings of the 
     study conducted pursuant to subsection (b).
       (d) Reserve Component Defined.--In this section, the term 
     ``reserve component'' has the meaning given that term in 
     section 101 of title 38, United States Code.
                                 ______
                                 
  SA 678. Mr. BOOKER 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 928.
                                 ______
                                 
  SA 679. Mr. BOOKER 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 537.
                                 ______
                                 
  SA 680. Mr. BOOKER 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. PLOT AND INTERMENT ALLOWANCES PAID BY THE 
                   SECRETARY OF VETERANS AFFAIRS FOR SPOUSES AND 
                   CHILDREN OF VETERANS WHO ARE BURIED IN STATE 
                   CEMETERIES.

       (a) In General.--Section 2303 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) In the case of an individual described in 
     paragraph (2) who is buried in a cemetery that is owned by a 
     State or by an agency or political subdivision of a State, 
     the Secretary shall pay to such State, agency, or political 
     subdivision the sum of $525 (as increased from time to time 
     under paragraph (3)) as a plot or interment allowance for 
     such individual.
       ``(2) An individual described in this paragraph is a 
     spouse, surviving spouse (which for purposes of this 
     subsection includes a surviving spouse who had a subsequent 
     remarriage), minor child (which for purposes of this 
     subsection includes a child under 21 years of age, or under 
     23 years of age if pursuing a course of instruction at an 
     approved educational institution), or, in the discretion of 
     the Secretary, unmarried adult child of any individual 
     described in paragraph (1), (2), (3), (4), or (7) of section 
     2402 of this title.
       ``(3) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the amount payable under paragraph (1) equal to the 
     percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph 
     (A).''.
       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall take effect on the date of the 
     enactment of this Act and apply with respect to deaths 
     occurring after that date.
                                 ______
                                 
  SA 681. Mr. BOOKER 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. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS.

       (a) Findings.--Congress finds the following:
       (1) There are approximately 2,300,000 women within the 
     veteran population in the United States.
       (2) The number of women veterans using services from the 
     Veterans Health Administration has increased by 28.8 percent 
     from 423,642 in 2014 to 545,670 in 2019.
       (3) During the period of 2010 through 2015, the use of 
     maternity services from the Veterans Health Administration 
     increased by 44 percent.
       (4) Although prenatal care and delivery is not provided in 
     facilities of the Department of Veterans Affairs, pregnant 
     women seeking care from the Department for other conditions 
     may also need emergency care and require coordination of 
     services through the Veterans Community Care Program under 
     section 1703 of title 38, United States Code.
       (5) The number of unique women veteran patients with an 
     obstetric delivery paid for by the Department increased by 
     1,778 percent from 200 deliveries in 2000 to 3,756 deliveries 
     in 2015.
       (6) The number of women age 35 years or older with an 
     obstetric delivery paid for by the Department increased 16-
     fold from fiscal year 2000 to fiscal year 2015.
       (7) A study in 2010 found that veterans returning from 
     Operation Enduring Freedom and Operation Iraqi Freedom who 
     experienced pregnancy were twice as likely to have a 
     diagnosis of depression, anxiety, posttraumatic stress 
     disorder, bipolar disorder, or schizophrenia as those who had 
     not experienced a pregnancy.
       (8) The number of women veterans of reproductive age 
     seeking care from the Veterans Health Administration 
     continues to grow (more than 185,000 as of fiscal year 2015).
       (b) Program.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a pilot program to furnish doula services to 
     covered veterans through eligible entities by expanding the 
     Whole Health model of the Department of Veterans Affairs, or 
     successor model, to measure the impact that doula support 
     services have on birth and mental health outcomes of pregnant 
     veterans (in this section referred to as the ``pilot 
     program'').
       (2) Consideration.--In carrying out the pilot program, the 
     Secretary shall consider all types of doulas, including 
     traditional and community-based doulas.
       (3) Consultation.--In designing and implementing the pilot 
     program, the Secretary shall consult with stakeholders, 
     including--
       (A) organizations representing veterans, including veterans 
     that are disproportionately impacted by poor maternal health 
     outcomes;
       (B) community-based health care professionals, including 
     doulas, and other stakeholders; and
       (C) experts in promoting health equity and combating racial 
     bias in health care settings.
       (4) Goals.--The goals of the pilot program are the 
     following:
       (A) To improve--
       (i) maternal, mental health, and infant care outcomes;

[[Page S2790]]

       (ii) integration of doula support services into the Whole 
     Health model of the Department, or successor model; and
       (iii) the experience of women receiving maternity care from 
     the Department, including by increasing the ability of a 
     woman to develop and follow her own birthing plan.
       (B) To reengage veterans with the Department after giving 
     birth.
       (c) Locations.--The Secretary shall carry out the pilot 
     program in--
       (1) the three Veterans Integrated Service Networks of the 
     Department that have the highest percentage of female 
     veterans enrolled in the patient enrollment system of the 
     Department established and operated under section 1705(a) of 
     title 38, United States Code, compared to the total number of 
     enrolled veterans in such Network;
       (2) the three Veterans Integrated Service Networks that 
     have the lowest percentage of female veterans enrolled in the 
     patient enrollment system compared to the total number of 
     enrolled veterans in such Network; and
       (3) at least one Veterans Integrated Services Network--
       (A) located in or serving a Frontier State (as defined in 
     section 1886(d)(3)(E)(iii)(II) of the Social Security Act (42 
     U.S.C. 1395ww(d)(3)(E)(iii)(II))) where more than \1/3\ of 
     the population lives in frontier land; and
       (B) serving populations experiencing higher average risk 
     and prevalence for maternal mental health disorders, 
     including American Indian or Alaska Native veterans.
       (d) Open Participation.--The Secretary shall allow any 
     eligible entity or covered veteran interested in 
     participating in the pilot program to participate in the 
     pilot program.
       (e) Services Provided.--
       (1) In general.--Under the pilot program, a covered veteran 
     shall receive not more than 10 sessions of care from a doula 
     under the Whole Health model of the Department, or successor 
     model, under which a doula works as an advocate for the 
     veteran alongside the medical team for the veteran.
       (2) Sessions.--Sessions covered under paragraph (1) shall 
     be as follows:
       (A) Three or four sessions before labor and delivery.
       (B) One session during labor and delivery.
       (C) Three or four sessions after post-partum, which may be 
     conducted via the mobile application for VA Video Connect.
       (f) Administration of Pilot Program.--
       (1) In general.--The Office of Women's Health of the 
     Department of Veterans Affairs, or successor office (in this 
     section referred to as the ``Office''), shall--
       (A) coordinate services and activities under the pilot 
     program;
       (B) oversee the administration of the pilot program; and
       (C) conduct onsite assessments of medical facilities of the 
     Department that are participating in the pilot program.
       (2) Guidelines for veteran-specific care.--The Office shall 
     establish guidelines under the pilot program for training 
     doulas on military sexual trauma and post traumatic stress 
     disorder.
       (3) Amounts for care.--The Office may recommend to the 
     Secretary appropriate payment amounts for care and services 
     provided under the pilot program, which shall not exceed 
     $3,500 per doula per veteran.
       (g) Doula Service Coordinator.--
       (1) In general.--The Secretary, in consultation with the 
     Office, shall establish a Doula Service Coordinator within 
     the functions of the Maternity Care Coordinator at each 
     medical facility of the Department that is participating in 
     the pilot program.
       (2) Duties.--A Doula Service Coordinator established under 
     paragraph (1) at a medical facility shall be responsible 
     for--
       (A) working with eligible entities, doulas, and covered 
     veterans participating in the pilot program; and
       (B) managing payment between eligible entities and the 
     Department under the pilot program.
       (3) Tracking of information.--A doula providing services 
     under the pilot program shall report to the applicable Doula 
     Service Coordinator after each session conducted under the 
     pilot program.
       (4) Coordination with women's program manager.--A Doula 
     Service Coordinator for a medical facility of the Department 
     shall coordinate with the women's program manager for that 
     facility in carrying out the duties of the Doula Service 
     Coordinator under the pilot program.
       (h) Term of Pilot Program.--The Secretary shall conduct the 
     pilot program for a period of five years.
       (i) Technical Assistance.--The Secretary shall establish a 
     process to provide technical assistance to eligible entities 
     and doulas participating in the pilot program.
       (j) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for each 
     year in which the pilot program is carried out, 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 the pilot program.
       (2) Final report.--As part of the final report submitted 
     under paragraph (1), the Secretary shall include 
     recommendations on whether the model studied in the pilot 
     program should be continued or more widely adopted by the 
     Department.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, for each of fiscal years 
     2024 through 2029, such sums as may be necessary to carry out 
     this section.
       (l) Definitions.--In this section:
       (1) Covered veteran.--The term ``covered veteran'' means a 
     pregnant veteran or a formerly pregnant veteran (with respect 
     to sessions post-partum) who is enrolled in the patient 
     enrollment system of the Department of Veterans Affairs 
     established and operated under section 1705(a) of title 38, 
     United States Code.
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity that provides medically accurate, comprehensive 
     maternity services to covered veterans under the laws 
     administered by the Secretary, including under the Veterans 
     Community Care Program under section 1703 of title 38, United 
     States Code.
       (3) VA video connect.--The term ``VA Video Connect'' means 
     the program of the Department of Veterans Affairs to connect 
     veterans with their health care team from anywhere, using 
     encryption to ensure a secure and private session.
                                 ______
                                 
  SA 682. Mr. ROUNDS (for himself, Mr. Schumer, Mr. Young, and Mr. 
Heinrich) 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 _--Additional Matters Relating to Artificial Intelligence

     SEC. __. REPORT ON AI REGULATION IN FINANCIAL SERVICES 
                   INDUSTRY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, each of the Board of Governors of the 
     Federal Reserve System, the Federal Deposit Insurance 
     Corporation, the Office of the Comptroller of the Currency, 
     the National Credit Union Administration, and the Bureau of 
     Consumer Financial Protection shall submit to the Committee 
     on Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report on its gap in knowledge relating to 
     artificial intelligence, including an analysis on--
       (1) which tasks are most frequently being assisted or 
     completed with artificial intelligence in the institutions 
     the agency regulates;
       (2) current governance standards in place for artificial 
     intelligence use at the agency and current standards in place 
     for artificial intelligence oversight by the agency;
       (3) potentially additional regulatory authorities required 
     by the agency to continue to successfully execute its 
     mission;
       (4) where artificial intelligence may lead to overlapping 
     regulatory issues between agencies that require 
     clarification;
       (5) how the agency is currently using artificial 
     intelligence, how the agency plans to use such artificial 
     intelligence the next 3 years, and the expected impact, 
     including fiscal and staffing, of those plans; and
       (6) what resources, monetary or other resources, if any, 
     the agency requires to both adapt to the changes that 
     artificial intelligence will bring to the regulatory 
     landscape and to adequately adopt and oversee the use of 
     artificial intelligence across its operations described in 
     paragraph (5).
       (b) Rule of Construction.--Nothing in this section may be 
     construed to require an agency to include confidential 
     supervisory information or pre-decisional or deliberative 
     non-public information in a report under this section.

     SEC. ___. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.

       (a) Program for Foundational Artificial Intelligence 
     Products Being Incorporated by Department of Defense.--
       (1) Development required.--Not later than 180 days after 
     the date of the enactment of this Act, the Chief Data and 
     Artificial Intelligence Officer of the Department of Defense 
     shall develop a bug bounty program for foundational 
     artificial intelligence products being incorporated by the 
     Department of Defense.
       (2) Collaboration.--In developing the program required by 
     paragraph (1), the Chief may collaborate with the heads of 
     other government agencies that have expertise in 
     cybersecurity and artificial intelligence.
       (3) Implementation authorized.--The Chief may carry out the 
     program developed pursuant to subsection (a).
       (4) Contracts.--The Secretary of Defense shall ensure that 
     whenever the Department of Defense enters into any contract, 
     the contract allows for participation in the bug bounty 
     program developed pursuant to paragraph (1).
       (5) Rule of construction.--Nothing in this subsection shall 
     be construed to require--
       (A) the use of any foundational artificial intelligence 
     product; or
       (B) the implementation of the program developed pursuant to 
     paragraph (1) in order for the Department to incorporate a 
     foundational artificial intelligence product.

[[Page S2791]]

       (b) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Chief shall provide the 
     congressional defense committees a briefing on--
       (1) the development and implementation of bug bounty 
     programs the Chief considers relevant to the matters covered 
     by this section; and
       (2) long-term plans of the Chief with respect to such bug 
     bounty programs.

     SEC. __. VULNERABILITY ANALYSIS STUDY FOR EMERGING ARTIFICIAL 
                   INTELLIGENCE SYSTEMS.

       (a) Study Required.--Not later than one year after the date 
     of the enactment of this Act, the Chief Digital and 
     Artificial Intelligence Officer (CDAO) of the Department of 
     Defense shall complete a study analyzing the vulnerabilities 
     of, and capacity to assess, emerging artificial intelligence 
     systems, as well as research needs for such systems.
       (b) Elements.--The study required by subsection (a) shall 
     cover the following:
       (1) Research and development needs and transition pathways 
     to advance explainable and interpretable artificial 
     intelligence, including the capability to audit the 
     underlying artificial intelligence algorithms and data 
     models.
       (2) Assessing the potential risks of underlying artificial 
     intelligence architectures and algorithms, including the 
     following:
       (A) Individual foundation models, including the adequacy of 
     existing testing, training, and auditing for such models to 
     ensure models can be properly assessed over time.
       (B) The interactions of multiple artificial intelligence 
     systems, and the ability to detect and assess new, complex, 
     and emergent behavior amongst individual agents, as well as 
     the collective impact, including how such changes may affect 
     risk over time.
       (C) The impact of increased agency in artificial 
     intelligence systems and how such increased agency may affect 
     the ability to detect and assess new, complex, and emergent 
     behavior, as well risk over time.
       (3) Assessing the robustness, survivability, and 
     traceability of decision support systems that are integrated 
     with artificial intelligence systems and used in a contested 
     environment, including--
       (A) potential benefits and risks of implementing such 
     systems; and
       (B) other technical or operational constraints to ensure 
     such decision support systems are able to adhere to the 
     Department of Defense Ethical Principles for Artificial 
     Intelligence.
       (4) Identification of existing artificial intelligence 
     metrics, developmental, testing and audit capabilities, 
     personnel, and infrastructure, including test and evaluation 
     facilities, needed to enable ongoing identification and 
     assessment under paragraphs (1) through (3), and other 
     factors such as--
       (A) implications for deterrence systems based on systems 
     warfare; and
       (B) vulnerability to systems confrontation on the system 
     and system-of-systems level.
       (5) Assessment of the sufficiency of current intellectual 
     property and data rights regulations to address the clarity 
     of government and industry data rights in an environment 
     where commercial artificial intelligence algorithms are being 
     trained on government-owned and controlled data sources.
       (6) Identification of gaps or research needs to 
     sufficiently respond to the elements outlined in this 
     subsection that are not currently, or not sufficiently, 
     funded within the Department of Defense or other Federal 
     agencies.
       (c) Coordination.--In carrying out the study required by 
     subsection (a), the Chief Digital and Artificial Intelligence 
     Officer shall coordinate with the following:
       (1) The Director of the Defense Advanced Research Projects 
     Agency (DARPA).
       (2) The Under Secretary of Defense for Research and 
     Evaluation.
       (3) The Under Secretary of Defense for Policy.
       (4) The Director for Operational Test and Evaluation 
     (DOT&E) of the Department.
       (5) As the Chief Digital and Artificial Intelligence 
     Officer considers appropriate, the following:
       (A) The Secretary of Energy.
       (B) The Director of the National Institute of Standards and 
     Technology.
       (C) The Director of the National Science Foundation.
       (D) The head of the National Artificial Intelligence 
     Initiative Office of the Office of Science and Technology 
     Policy.
       (E) Members and representatives of industry.
       (F) Members and representatives of academia.
       (d) Interim Briefing.--Not later than 180 days after the 
     date of the enactment of this Act, the Chief Digital and 
     Artificial Intelligence Officer shall provide the 
     congressional defense committees a briefing on the interim 
     findings of the Chief Digital and Artificial Intelligence 
     Officer with respect to the study being conducted pursuant to 
     subsection (a).
       (e) Final Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Chief Digital and Artificial 
     Intelligence Officer shall submit to the congressional 
     defense committees a final report on the findings of the 
     Chief Digital and Artificial Intelligence Officer with 
     respect ot the study conducted pursuant to subsection (a).
       (2) Form.--The final report submitted pursuant to paragraph 
     (1) shall be submitted in unclassified for, but may include a 
     classified annex.

     SEC. __. ROADMAP ON DATA SHARING AND COORDINATION RELATING TO 
                   ARTIFICIAL INTELLIGENCE SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a 5-year strategic roadmap--
       (1) to promote the coordination of artificial intelligence 
     systems and any data related to training, use, or evaluation 
     of artificial intelligence systems; and
       (2) to identify longstanding practices and institutional 
     norms within each military department that contribute to 
     decentralization of data systems and artificial intelligence 
     technology acquisitions.
       (b) Elements.--The roadmap required by subsection (a) shall 
     include the following elements:
       (1) A review of past efforts to promote centralization of 
     data and data management strategies related to training, use, 
     or evaluation of artificial intelligence systems and 
     interoperability of artificial intelligence systems.
       (2) A description of how varying cultural norms among 
     components of the Department of Defense contribute to 
     decreased collaboration, interoperability, and joint 
     decision-making within the Department with respect to 
     artificial intelligence and associated data.
       (3) A strategy to promote a unified vision of the 
     Department that does not impinge upon the unique identity of 
     each component with respect to artificial intelligence and 
     associated data.
       (4) Plans to prevent the necessity for post hoc technology 
     integration programs, such as joint all-domain command and 
     control (commonly referred to as ``JADC2''), with respect to 
     newly acquired artificial intelligence systems.

     SEC. __. CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICE 
                   RECRUITMENT AND RETENTION.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599k. Chief Digital and Artificial Intelligence 
       Office recruitment and retention

       ``(a) General Authority.--(1) The Secretary of Defense 
     may--
       ``(A) establish, as positions in the excepted service, such 
     qualified positions in the Department of Defense as the 
     Secretary determines necessary to carry out the 
     responsibilities of the Chief Digital and Artificial 
     Intelligence Office, including--
       ``(i) positions held by staff of the headquarters of the 
     Office; and
       ``(ii) positions held by elements of the military 
     departments supporting the Office;
       ``(B) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(C) subject to the requirements of subsections (b) and 
     (c), fix the compensation of an individual for service in a 
     qualified position.
       ``(2) The authority of the Secretary under this subsection 
     applies without regard to the provisions of any other law 
     relating to the appointment, number, classification, or 
     compensation of employees.
       ``(b) Basic Pay.--(1) In accordance with this section, the 
     Secretary shall fix the rates of basic pay for any qualified 
     position established under subsection (a)--
       ``(A) in relation to the rates of pay provided for 
     employees in comparable positions in the Department, in which 
     the employee occupying the comparable position performs, 
     manages, or supervises functions that execute a comparable 
     mission of the Department; and
       ``(B) subject to the same limitations on maximum rates of 
     pay established for such employees by law or regulation.
       ``(2) The Secretary may--
       ``(A) consistent with section 5341 of title 5, adopt such 
     provisions of that title to provide for prevailing rate 
     systems of basic pay; and
       ``(B) apply those provisions to qualified positions for 
     employees in or under which the Department may employ 
     individuals described by section 5342(a)(2)(A) of such title.
       ``(c) Additional Compensation, Incentives, and 
     Allowances.--(1) The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5.
       ``(2) An employee in a qualified position whose rate of 
     basic pay is fixed under subsection (b)(1) shall be eligible 
     for an allowance under section 5941 of title 5 on the same 
     basis and to the same extent as if the employee was an 
     employee covered by such section, including eligibility 
     conditions, allowance rates, and all other terms and 
     conditions in law or regulation.
       ``(d) Implementation Plan Required.--The authority granted 
     in subsection (a) shall become effective 30 days after the 
     date on which the Secretary of Defense provides to the 
     congressional defense committees a plan for implementation of 
     such authority. The plan shall include the following:
       ``(1) An assessment of the current scope of the positions 
     covered by the authority.
       ``(2) A plan for the use of the authority.
       ``(3) An assessment of the anticipated workforce needs of 
     the Chief Digital and Artificial Intelligence Office across 
     the future-years defense plan.
       ``(4) Other matters as appropriate.

[[Page S2792]]

       ``(e) Collective Bargaining Agreements.--Nothing in 
     subsection (a) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(f) Training.--(1) The Secretary shall provide training 
     to covered personnel on hiring and pay matters relating to 
     authorities under this section.
       ``(2) For purposes of this subsection, covered personnel 
     are employees of the Department who--
       ``(A) carry out functions relating to--
       ``(i) the management of human resources and the civilian 
     workforce of the Department; or
       ``(ii) the writing of guidance for the implementation of 
     authorities regarding hiring and pay under this section; or
       ``(B) are employed in supervisory positions or have 
     responsibilities relating to the hiring of individuals for 
     positions in the Department and to whom the Secretary intends 
     to delegate authority under this section.
       ``(g) Required Regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(h) Annual Report.--(1) Not later than 1 year after the 
     date of the enactment of this section and not less frequently 
     than once each year thereafter until the date that is five 
     years after the date of the enactment of this section, the 
     Director of the Office of Personnel Management, in 
     coordination with the Secretary, shall submit to the 
     appropriate committees of Congress a detailed report on the 
     administration of this section during the most recent one-
     year period.
       ``(2) Each report submitted under paragraph (1) shall 
     include, for the period covered by the report, the following:
       ``(A) A discussion of the process used in accepting 
     applications, assessing candidates, ensuring adherence to 
     veterans' preference, and selecting applicants for vacancies 
     to be filled by an individual for a qualified position.
       ``(B) A description of the following:
       ``(i) How the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions.
       ``(ii) The measures that will be used to measure progress.
       ``(iii) Any actions taken during the reporting period to 
     fulfill such critical need.
       ``(C) A discussion of how the planning and actions taken 
     under subparagraph (B) are integrated into the strategic 
     workforce planning of the Department.
       ``(D) The metrics on actions occurring during the reporting 
     period, including the following:
       ``(i) The number of employees in qualified positions hired, 
     disaggregated by occupation, grade, and level or pay band.
       ``(ii) The placement of employees in qualified positions, 
     disaggregated by military department or other component 
     within the Department.
       ``(iii) The total number of veterans hired.
       ``(iv) The number of separations of employees in qualified 
     positions, disaggregated by occupation and grade and level or 
     pay band.
       ``(v) The number of retirements of employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(vi) The number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(E) A description of the training provided to employees 
     described in subsection (f)(2) on the use of authorities 
     under this section.
       ``(i) Three-year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be 3 years.
       ``(j) Incumbents of Existing Competitive Service 
     Positions.--(1) An individual occupying a position on the 
     date of the enactment of this section that is selected to be 
     converted to a position in the excepted service under this 
     section shall have the right to refuse such conversion.
       ``(2) After the date on which an individual who refuses a 
     converion under paragraph (1) stops serving in the position 
     selected to be converted, the position may be converted to a 
     position in the excepted service.
       ``(k) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       ``(B) the Committee on Armed Services, the Committee on 
     Oversight and Accountability, and the Committee on 
     Appropriations of the House of Representatives.
       ``(2) Collective bargaining agreement.--The term 
     `collective bargaining agreement' has the meaning given that 
     term in section 7103(a)(8) of title 5.
       ``(3) Excepted service.--The term `excepted service' has 
     the meaning given that term in section 2103 of title 5.
       ``(4) Preference eligible.--The term `preference eligible' 
     has the meaning given that term in section 2108(3) of title 
     5.
       ``(5) Qualified position.--The term `qualified position' 
     means a position, designated by the Secretary for the purpose 
     of this section, in which the individual occupying such 
     position performs, manages, or supervises functions that 
     execute the responsibilities of the Chief Digital and 
     Artificial Intelligence Office.
       ``(6) Senior executive service.--The term `Senior Executive 
     Service' has the meaning given that term in section 2101a of 
     title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by adding at 
     the end the following new item:

``1599k. Chief Digital and Artificial Intelligence Office recruitment 
              and retention.''.
                                 ______
                                 
  SA 683. Mr. KENNEDY (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 subtitle C of title II, insert 
     the following:

     SEC. ___. ESTABLISHMENT OF TECHNOLOGY TRANSITION PROGRAM FOR 
                   STRATEGIC NUCLEAR DETERRENCE.

       (a) In General.--The Commander of Air Force Global Strike 
     Command shall, through the use of a partnership intermediary, 
     use any funds appropriated pursuant to the materials 
     submitted under subsection (b), or otherwise made available 
     to the Air Force, to establish a program--
       (1) to carry out technology transition, digital engineering 
     projects, and other innovation activities supporting the Air 
     Force nuclear enterprise; and
       (2) to discover capabilities that have the potential to 
     generate life-cycle cost savings and provide data-driven 
     approaches to resource allocation.
       (b) Inclusion of Program Element in Future Budget 
     Materials.--In the materials submitted to by the Secretary of 
     the Air Force in support of the budget of the President 
     submitted for fiscal year 2025 and each fiscal year 
     thereafter under section 1105 of title 31, United States 
     Code, the Secretary shall include a program element dedicated 
     to the program described in subsection (a).
       (c) Termination.--The program established under subsection 
     (a) shall terminate on September 30, 2029.
       (d) Partnership Intermediary Defined.--The term 
     ``partnership intermediary'' has the meaning given the term 
     in section 23(c) of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3715(c)).
                                 ______
                                 
  SA 684. Ms. BALDWIN 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 B of title VII, add the following:

     SEC. 715. IMPROVEMENT OF MENTAL HEALTH CARE FOR MEMBERS OF 
                   NATIONAL GUARD.

       (a) Establishment of Suicide Prevention Workforce.--
       (1) In general.--The Chief of the National Guard Bureau, in 
     consultation with the Director of the Army National Guard, 
     the Director of the Air National Guard, and the Secretary of 
     Defense, shall establish a full time suicide prevention 
     workforce for the National Guard.
       (2) Duties.--The suicide prevention workforce established 
     under paragraph (1) shall--
       (A) provide resources, education, and resources on suicide 
     prevention to members of the National Guard at heightened 
     risk for perpetuating harm or those contemplating multiple 
     forms of violence, including suicide; and
       (B) coordinate a standardized process and language between 
     the Army National Guard and the Air National Guard with 
     respect to suicide prevention programs to synchronize and 
     oversee standardization and collaboration of such programs, 
     including with respect to--
       (i) how reports are made;
       (ii) how data is collected; and
       (iii) such other matters as the Chief of the National Guard 
     Bureau considers appropriate.
       (3) Structure.--The Chief of the National Guard Bureau 
     shall structure the suicide prevention workforce established 
     under paragraph (1) and related mental health wellness 
     resources for members of the National Guard under an 
     integrated organizational structure that coordinates and 
     communicates between prevention and wellness programs across 
     the Army National Guard and the Air National Guard.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Chief of the National Guard Bureau 
     for fiscal year 2024 $465,000,000 to carry out this 
     subsection.
       (b) Star Behavioral Health Providers Program.--

[[Page S2793]]

       (1) In general.--The Chief of the National Guard Bureau 
     shall establish a Star Behavioral Health Providers Program 
     under which the Chief shall provide access by members of the 
     National Guard to civilian health care providers who have 
     completed education and training related to the physical and 
     mental health needs of members of the Armed Forces.
       (2) Grants.--The Chief of the National Guard Bureau shall 
     establish a grant program under which States may award grants 
     to civilian health care providers who agree to enter into a 
     memorandum of understanding with the Chief under which the 
     provider agrees to provide care to members of the National 
     Guard under the Star Behavioral Health Providers Program 
     established under paragraph (1).
       (3) Funding.--There is authorized to be appropriated to the 
     Chief of the National Guard Bureau such sums as may be 
     necessary to carry out this subsection.
       (c) Comptroller General Study on Expansion of Care for 
     Reserve Components.--The Comptroller General of the United 
     States shall conduct a study that--
       (1) assesses the appropriate ratio of mental health 
     providers within the National Guard to members of the 
     National Guard;
       (2) assesses the feasibility and advisability of, and 
     funding requirements for, increasing the authorization of 
     amounts under the Defense Health Program for the reserve 
     components to provide funding for clinical care for members 
     of the reserve components; and
       (3) reviews the participation by States in a Star Behavior 
     Health Providers Program, whether under subsection (b) or 
     otherwise, and assesses the feasibility of expanding 
     participation in such a program to all States and territories 
     of the United States.
                                 ______
                                 
  SA 685. Ms. BALDWIN 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 VIII, insert the 
     following:

     SEC. __. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR NAVY 
                   SHIPBUILDING PROGRAMS.

       (a) Enhanced Domestic Content Requirement.--
       (1) Contracting requirements.--Except as provided in 
     paragraph (2), for purposes of chapter 83 of title 41, United 
     States Code, manufactured articles, materials, or supplies 
     procured as part of a Navy shipbuilding program are 
     manufactured substantially all from articles, materials, or 
     supplies mined, produced, or manufactured in the United 
     States if the cost of such component articles, materials, or 
     supplies--
       (A) supplied during the period beginning January 1, 2026, 
     and ending December 31, 2027, exceeds 65 percent of the cost 
     of the manufactured articles, materials, or supplies;
       (B) supplied during the period beginning January 1, 2028, 
     and ending December 31, 2032, exceeds 75 percent of the cost 
     of the manufactured articles, materials, or supplies; and
       (C) supplied on or after January 1, 2033, equals 100 
     percent of the cost of the manufactured articles, materials, 
     or supplies.
       (2) Applicability to research, development, test, and 
     evaluation activities.--Contracts related to shipbuilding 
     programs entered into under paragraph (1) to carry out 
     research, development, test, and evaluation activities shall 
     require that these activities and the components specified 
     during these activities must meet the domestic content 
     requirements delineated under paragraph (1).
       (3) Exclusion for certain manufactured articles.--Paragraph 
     (1) shall not apply to manufactured articles that consist 
     wholly or predominantly of iron, steel, or a combination of 
     iron and steel.
       (4) Waiver.--The Secretary of Defense may request a waiver 
     from the requirements under paragraph (1) in order to expand 
     sourcing to members of the national technical industrial base 
     (as that term is defined in section 4801 of title 10, United 
     States Code). Any such waiver shall be subject to the 
     approval of the Director of the Made in America Office and 
     may only be requested if it is determined that any of the 
     following apply:
       (A) Application of the limitation would increase the cost 
     of the overall acquisition by more than 25 percent or cause 
     unreasonable delays to be incurred.
       (B) Satisfactory quality items manufactured by a domestic 
     entity are not available or domestic production of such items 
     cannot be initiated without significantly delaying the 
     project for which the item is to be acquired.
       (C) It is inconsistent with the public interest.
       (5) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     concurrence with the Director of the Made in America Office, 
     shall issue rules to determine the treatment of the lowest 
     price offered for a foreign end product for which 55 percent 
     or more of the component articles, materials, or supplies of 
     such foreign end product are manufactured substantially all 
     from articles, materials, or supplies mined, produced, or 
     manufactured in the United States if--
       (A) the application of paragraph (1) results in an 
     unreasonable cost; or
       (B) no offers are submitted to supply manufactured 
     articles, materials, or supplies manufactured substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States.
       (6) Applicability.--The requirements of this subsection 
     shall apply to contracts entered into on or after January 1, 
     2026.
       (b) Reporting on Country of Origin Manufacturing.--Not 
     later than one year after the date of the enactment of this 
     Act, and annually thereafter, the Secretary of Defense shall 
     submit to Congress a report on country of origin tracking and 
     reporting as it relates to manufactured content procured as 
     part of Navy shipbuilding programs, including through primary 
     contracts and subcontracts at the second and third tiers. The 
     report shall describe measures taken to ensure that the 
     country of origin information pertaining to such content is 
     reported accurately in terms of the location of manufacture 
     and not determined by the location of sale.
                                 ______
                                 
  SA 686. Ms. BALDWIN 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. __. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN 
                   COMPONENTS FOR CERTAIN NAVAL VESSELS AND 
                   AUXILIARY SHIPS.

       (a) Requirements for the Procurement of Certain Components 
     for Naval Vessels.--Section 4864(a)(2) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(G) Ship shafts and propulsion system components, 
     including reduction gears and propellers.''.
       (b) Requirement That Certain Auxiliary Ship Components Be 
     Manufactured in the National Technology and Industrial 
     Base.--
       (1) Components for auxiliary ships.--Paragraph (3) of 
     section 4864(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(3) Components for auxiliary ships.--Subject to 
     subsection (k), the following components:
       ``(A) Large medium-speed diesel engines.
       ``(B) Propulsion system components, including reduction 
     gears and propellers.''.
       (2) Implementation.--Subsection (k) of section 4864 of 
     title 10, United States Code, is amended to read as follows:
       ``(k) Implementation of Auxiliary Ship Component 
     Limitation.--Subsection (a)(3) shall apply only with respect 
     to contracts awarded by a Secretary of a military department 
     for construction of a new class of auxiliary ship after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2024 using funds available for National 
     Defense Sealift Fund programs or Shipbuilding and Conversion, 
     Navy.''.
                                 ______
                                 
  SA 687. 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. __. CADETS: NOMINATION IN EVENT OF DEATH, RESIGNATION, 
                   OR EXPULSION FROM OFFICE OF MEMBER OF CONGRESS 
                   OTHERWISE AUTHORIZED TO NOMINATE.

       (a) In General.--Chapter 513 of title 46, United States 
     Code, is amended by inserting after section 51302 the 
     following new section:

     ``Sec. 51302a. Cadets: nomination in event of death, 
       resignation, or expulsion from office of Member of Congress 
       otherwise authorized to nominate

       ``(a) Senators.--In the event a Senator does not submit 
     nominations for cadets for an academic year in accordance 
     with section 51302(b)(1) of this title due to death, 
     resignation from office, or expulsion from office and the 
     date of the swearing-in of the Senator's successor as Senator 
     occurs after the date of the deadline for submittal of 
     nominations for cadets for the academic year, the nominations 
     for cadets otherwise authorized to be made by the Senator 
     pursuant to such section shall be made instead by the other 
     Senator from the State concerned.
       ``(b) Representatives.--In the event a Member of the House 
     of Representatives from a State does not submit nominations 
     for cadets for an academic year in accordance with section 
     51302(b)(2) of this title due to death, resignation from 
     office, or expulsion from office and the date of the 
     swearing-in of the Representative's successor as 
     Representative occurs after the date of the deadline for 
     submittal of nominations for cadets

[[Page S2794]]

     for the academic year, the nominations for cadets otherwise 
     authorized to be made by the Representative pursuant to such 
     section shall be made instead by the Senators from the State 
     of the congressional district concerned, with such 
     nominations divided equally among such Senators and any 
     remainder going to the senior Senator from the State.
       ``(c) Construction of Authority.--Any nomination for cadets 
     made by a Member pursuant to this section is not a 
     reallocation of a nomination. Such nominations are made in 
     lieu of a Member that does not submit nominations for cadets 
     for an academic year in accordance with section 51302 of this 
     title due to death, resignation from office, or expulsion 
     from office and the date of the swearing-in of the Member's 
     successor occurs after the date of the deadline for submittal 
     of nominations for cadets for the academic year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 513 of such title is amended by 
     inserting after the item relating to section 51302 the 
     following new item:

``51302a. Cadets: nomination in event of death, resignation, or 
              expulsion from office of Member of Congress otherwise 
              authorized to nominate''.
                                 ______
                                 
  SA 688. Mr. HAGERTY 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 _--United States-Pacific Island Partnership Empowerment Act

     SEC. _1. SHORT TITLE.

       This subtitle may be cited as the ``United States-Pacific 
     Island Partnership Empowerment Act''.

     SEC. _2. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Excess defense articles.--The term ``excess defense 
     articles'' has the meaning given that term in section 644 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
       (3) Nonlethal excess defense article; united states-pacific 
     island partnership.--The terms ``nonlethal excess defense 
     article'' and ``United States-Pacific Island Partnership'' 
     have the meanings given those terms in subparagraph (C) of 
     section 516(c)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(c)(2)), as added by section 4(3).

     SEC. _3. STATEMENT OF POLICY.

       The United States supports expanding and deepening 
     cooperation within the United States-Pacific Island 
     Partnership to maintain free, open, and peaceful waterways in 
     the Pacific in which the rights to the freedom of navigation 
     and overflight are recognized and respected, trade flows are 
     unimpeded, and geopolitical competition does not undermine 
     the sovereignty and security of the Pacific Islands.

     SEC. _4. PRIORITY FOR THE TRANSFER OF EXCESS DEFENSE 
                   ARTICLES.

       Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(c)(2)) is amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) Lethal excess defense articles.--Notwithstanding'';
       (2) in subparagraph (A), as designated by paragraph (1), by 
     striking ``the delivery of excess defense articles'' and 
     inserting ``the delivery of lethal excess defense articles''; 
     and
       (3) by adding at the end the following:
       ``(B) Nonlethal excess defense articles.--The delivery of 
     nonlethal excess defense articles, including vehicles, 
     supplies, and furniture, under this section to members of the 
     United States-Pacific Island Partnership shall be given 
     priority to the maximum extent feasible over the delivery of 
     such excess defense articles to other countries.
       ``(C) Definitions.--In this paragraph:
       ``(i) International traffic in arms regulations.--The term 
     `International Traffic in Arms Regulations' means subchapter 
     M of chapter I of title 22, Code of Federal Regulations (or 
     successor regulations).
       ``(ii) Lethal excess defense article.--The term `lethal 
     excess defense article' means an excess defense article that 
     is regulated under--

       ``(I) the International Traffic in Arms Regulations; or
       ``(II) the United States Munitions List.

       ``(iii) Nonlethal excess defense article.--The term 
     `nonlethal excess defense article' means an excess defense 
     article that is not regulated under--

       ``(I) the International Traffic in Arms Regulations; or
       ``(II) the United States Munitions List.

       ``(iv) United states munitions list.--The term `United 
     States Munitions List' means the list set forth in part 121 
     of title 22, Code of Federal Regulations (or successor 
     regulations).
       ``(v) United states-pacific island partnership.--The term 
     `United States-Pacific Island Partnership' means the 
     partnership between the United States and the Cook Islands, 
     the Federated States of Micronesia, Fiji, French Polynesia, 
     Nauru, New Caledonia, Palau, Papua New Guinea, the Republic 
     of the Marshall Islands, Samoa, the Solomon Islands, Tonga, 
     Tuvalu, Vanuatu, and such other states in the Pacific Islands 
     as the President may identify.''.

     SEC. _5. ANNUAL REPORT ON TRANSFER OF EXCESS DEFENSE ARTICLES 
                   TO MEMBERS OF THE UNITED STATES-PACIFIC ISLAND 
                   PARTNERSHIP.

       (a) Annual Report Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter for a period of 5 years, the President shall 
     submit to the appropriate congressional committees a report 
     on the transfer of excess defense articles to members of the 
     United States-Pacific Island Partnership.
       (b) Contents of Report.--Each report required by subsection 
     (a) shall include the following:
       (1) An overview of the transfer of excess defense articles 
     to members of the United States-Pacific Island Partnership 
     during the period covered by the report, including the 
     quantity and types of articles transferred.
       (2) A description of the prioritization process used by the 
     Department of Defense to determine the allocation of 
     nonlethal excess defense articles to members of the United 
     States-Pacific Island Partnership under subparagraph (B) of 
     section 516(c)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 232j(c)(2)), as added by section 4(3).
       (3) A description of--
       (A) any challenges or constraints encountered in the 
     process for transferring excess defense articles to members 
     of the United States-Pacific Island Partnership; and
       (B) efforts undertaken to address those challenges or 
     constraints.
       (4) An assessment of the impact of excess defense articles 
     transferred to members of the United States-Pacific Island 
     Partnership on the capacity-building efforts, security 
     cooperation, and interoperability of those members.
       (5) A review of the effectiveness of the transfer of excess 
     defense articles to members of the United States-Pacific 
     Island Partnership in promoting regional stability, maritime 
     security, and the sovereignty and security of the Pacific 
     Islands.
       (c) Coordination and Consultation.--In preparing each 
     report required by subsection (a), the President--
       (1) shall coordinate with--
       (A) the Secretary of State;
       (B) the Secretary of Defense; and
       (C) such other heads of Federal agencies as the President 
     considers relevant; and
       (2) may consult with representatives of members of the 
     United States-Pacific Island Partnership.
       (d) Formats; Public Availability.--Each report required by 
     subsection (a) shall be submitted in both electronic and hard 
     copy formats and made available to the public, consistent 
     with applicable law.
       (e) Updates.--The President shall provide updates to the 
     appropriate congressional committees if significant 
     developments or changes occur in the transfer of excess 
     defense articles to members of the United States-Pacific 
     Island Partnership that warrant congressional attention or 
     amendment of this Act.
       (f) Funding.--The President shall allocate resources 
     necessary to fulfill the report requirement under this 
     section using amounts appropriated before the date of the 
     enactment of this Act, and no additional amounts may be 
     authorized to be appropriated or appropriated solely for such 
     purpose.
                                 ______
                                 
  SA 689. Mr. HAGERTY 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__. FINANCIAL SUPPORT FOR INFRASTRUCTURE IN LESS 
                   DEVELOPED COUNTRIES.

       Section 1411 of the BUILD Act of 2018 (division F of Public 
     Law 115-254; 22 U.S.C. 9611) is amended--
       (1) in paragraph (1), by inserting ``energy security,'' 
     after ``poverty reduction,'';
       (2) in paragraph (7), by striking ``and'' at the end;
       (3) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(9) to prioritize, the maximum extent feasible, 
     investments in--
       ``(A) critical infrastructure, including transportation 
     systems (particularly ports);
       ``(B) affordable and reliable energy production and 
     distribution; and
       ``(C) telecommunications networks.''.
                                 ______
                                 
  SA 690. Mr. HAGERTY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for

[[Page S2795]]

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. MODIFICATION OF PILOT PROGRAM ON ESTABLISHMENT OF 
                   ACCOUNT FOR REIMBURSEMENT FOR USE OF TESTING 
                   FACILITIES AT INSTALLATIONS OF THE DEPARTMENT 
                   OF THE AIR FORCE.

       Section 2862 of the National Defense Authorization Act for 
     Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 9771 note 
     prec.) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by striking subsection (c) and inserting the following 
     new subsections:
       ``(c) Available Amounts and Usage.--
       ``(1) In general.--The commander of an installation 
     selected to participate in the pilot program may obligate or 
     expend the following amounts under the pilot program:
       ``(A) Subject to subsection (d), amounts reimbursed to such 
     installation for Facility, Sustainment, Restoration, and 
     Modernization.
       ``(B) Maintenance costs reimbursed by test customers of 
     testing facilities at such installation under the pilot 
     program.
       ``(2) Designation of amounts.--The commander of an 
     installation selected to participate in the pilot program may 
     designate an appropriate amount of maintenance costs to be 
     charged to users of the testing facilities at such 
     installation under the pilot program.
       ``(3) Use of amounts.--The commander of an installation 
     selected to participate in the pilot program may use amounts 
     accrued pursuant to the pilot program, either singly or in 
     combination with appropriated funds, for maintenance projects 
     at the installation.
       ``(d) Oversight of Accrued Maintenance Reimbursement 
     Funds.--The commander of an installation selected to 
     participate in the pilot program shall have direct oversight 
     over the amounts reimbursed to the installation under the 
     pilot program for Facility, Sustainment, Restoration, and 
     Modernization.''.
                                 ______
                                 
  SA 691. Mr. CORNYN 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. __. CHINA INVESTMENT RISK DISCLOSURE.

       (a) Findings.--Congress finds the following:
       (1) The People's Republic of China has vowed to seize 
     Taiwan, which the People's Republic of China considers to be 
     a renegade province.
       (2) The people of Taiwan are concerned that the People's 
     Republic of China will launch an armed attack of Taiwan.
       (3) The Chairman of the Joint Chiefs of Staff, in testimony 
     before Congress in April 2022, stated the following: ``The 
     People's Republic of China has and continues to develop 
     significant nuclear, space, cyber, land, air, and maritime 
     military capabilities, and they are working every day to 
     close the technology gap with the United States and our 
     allies. In short, they remain intent on fundamentally 
     revising the global international order in their favor by 
     midcentury, they intend to be a military peer of the U.S. by 
     2035, and they intend to develop the military capabilities to 
     seize Taiwan by 2027.''.
       (4) Section 3(a) of the Taiwan Relations Act (22 U.S.C. 
     3302(a)) states that ``the United States will make available 
     to Taiwan such defense articles and defense services in such 
     quantity as may be necessary to enable Taiwan to maintain a 
     sufficient self-defense capability.''.
       (5) An armed attack of Taiwan would likely materially 
     disrupt United States business relations with, and 
     investments in, the People's Republic of China, whether 
     directly or indirectly.
       (6) The nature and risk of an armed attack of Taiwan by the 
     People's Republic of China is material to shareholders of 
     issuers that have a material presence in the People's 
     Republic of China.
       (7) Issuers should be required to disclose to their 
     shareholders--
       (A) any reliance that those issuers have on the operations 
     of those issuers in the People's Republic of China;
       (B) the material risks posed to the business interests of 
     those issuers by an armed attack of Taiwan by the People's 
     Republic of China; and
       (C) the commercial relationships that those issuers have 
     with the industrial base of the People's Liberation Army, 
     including with any entity on the list of Chinese military 
     companies maintained by the Secretary of Defense under 
     section 1260H of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 113 note).
       (b) Disclosure of Material Risks Associated With an Armed 
     Attack of Taiwan by the People's Republic of China.--Section 
     13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is 
     amended by adding at the end the following:
       ``(t) Disclosure of Material Risks Associated With an Armed 
     Attack of Taiwan by the People's Republic of China.--
       ``(1) Definition.--In this subsection, the term `covered 
     issuer'--
       ``(A) means an issuer that is required to file reports 
     under subsection (a) or section 15(d); and
       ``(B) includes any issuer that files the form described in 
     section 249.220f of title 17, Code of Federal Regulations, or 
     any successor regulation.
       ``(2) Regulations.--Not later than 270 days after the date 
     of enactment of this subsection, the Commission shall 
     promulgate regulations requiring each covered issuer to 
     disclose annually, beginning with the first full fiscal year 
     of the covered issuer that begins after the date on which the 
     Commission promulgates those regulations, information 
     regarding the following:
       ``(A) The direct or indirect exposure, including through 
     contract manufacturers and joint ventures, of the covered 
     issuer to the People's Republic of China through--
       ``(i) the operations of the covered issuer;
       ``(ii) the employee base of the covered issuer;
       ``(iii) investments made by the covered issuer in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region); and
       ``(iv) securities traded by the covered issuer in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(B) The legal or regulatory uncertainty associated with 
     the covered issuer operating in or exiting the People's 
     Republic of China after an armed attack of Taiwan by the 
     People's Republic of China.
       ``(C) The direct or indirect reliance of the covered issuer 
     on goods or services sourced in the People's Republic of 
     China.
       ``(D) The potential disruptions to the supply chain of the 
     covered issuer due to an armed attack of Taiwan by the 
     People's Republic of China.
       ``(E) The disruptions that an armed attack of Taiwan by the 
     People's Republic of China may cause to the following:
       ``(i) The business relationships of the covered issuer in 
     the People's Republic of China (including the Hong Kong 
     Special Administrative Region).
       ``(ii) Other connections between the covered issuer and the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(iii) Assets of the covered issuer that are in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(F) The impact on the cash flow, liquidity, supply chain, 
     property, capital resources, cash requirements, or financial 
     position of the covered issuer, or on any plant or equipment 
     of the covered issuer located in the People's Republic of 
     China (including the Hong Kong Special Administrative 
     Region), that may be caused by an armed attack of Taiwan by 
     the People's Republic of China, including--
       ``(i) any impairment of financial assets or long-lived 
     assets of the covered issuer;
       ``(ii) any decline in--

       ``(I) the value of inventory or investments of the covered 
     issuer; or
       ``(II) the recoverability of deferred tax assets of the 
     covered issuer; and

       ``(iii) any impact on the collectability of consideration 
     relating to contracts that the covered issuer has with 
     customers.
       ``(G) The impact of any import or export ban that may 
     result from an armed attack of Taiwan by the People's 
     Republic of China on any product or commodity, including any 
     critical mineral from the People's Republic of China, used in 
     the course of business by the covered issuer or sold by the 
     covered issuer.
       ``(3) Information available to the public.--Each covered 
     issuer shall make available to the public on the internet 
     website of the covered issuer the information disclosed by 
     the covered issuer in accordance with the regulations 
     promulgated by the Commission under paragraph (2).''.
       (c) Disclosure by Investment Advisers and Investment 
     Companies.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (B) Investment adviser.--The term ``investment adviser'' 
     has the meaning given the term in section 202(a) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
       (C) Investment company.--The term ``investment company'' 
     has the meaning given the term in section 3 of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-3).
       (2) Disclosures.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall promulgate 
     regulations that require each investment adviser and each 
     investment company to make an annual disclosure to the 
     Commission (to the extent material) with respect to the 
     issues described in paragraph (3).
       (3) Issues described.--The issues described in this 
     paragraph with respect to an investment adviser or investment 
     company are the following:
       (A) The exposure of the applicable entity to the People's 
     Republic of China through investments made by the entity in 
     the People's

[[Page S2796]]

     Republic of China (including the Hong Kong Special 
     Administrative Region).
       (B) The potential loss in value of investments described in 
     subparagraph (A) that may be caused by an armed attack of 
     Taiwan by the People's Republic of China, including any 
     sanctions imposed by the United States in response to such an 
     armed attack.
       (4) Applicability.--The regulations promulgated under 
     paragraph (2) shall apply beginning with the first full 
     fiscal year of an investment adviser or investment company, 
     as applicable, that begins after the date on which the 
     Commission promulgates those regulations.
                                 ______
                                 
  SA 692. Ms. ERNST 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:
       In title X, add at the end the following:

    Subtitle H--Foreign Agricultural Restrictions to Maintain Local 
                    Agriculture and National Defense

     SEC. 1091. AGRICULTURAL FOREIGN INVESTMENT.

       (a) Findings.--Congress finds that--
       (1) agriculture is vital for the national security and 
     economic prosperity of the United States and is a key element 
     of United States national power;
       (2) agriculture of the United States feeds the people of 
     the United States and the world, and has been a key 
     contributor to advancements in technology and medicine;
       (3) strategic competitors of the United States have 
     hegemonic goals to dominate the global agriculture industry 
     and undermine the United States agriculture sector through 
     intellectual property theft of seeds and other patented 
     agriculture-related technologies;
       (4) China in particular has increased agricultural 
     investments tenfold over the past decade and continues to 
     make investments in United States agriculture, agribusiness, 
     and animal processing industries, including by acquiring 
     ownership of farmland in the United States;
       (5) the United States must prevent agricultural espionage 
     and theft of intellectual property conducted by China and 
     other foreign entities of concern (as defined in section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508));
       (6) agricultural intellectual property theft may enable 
     global competitors to undercut United States producers in 
     international seed markets;
       (7) the Federal Government does not fully exercise its 
     authorized oversight over investment transactions within the 
     agricultural industry, causing--
       (A) United States farmland to be under foreign acquisition; 
     and
       (B) the influence of foreign adversaries on agriculture in 
     the United States to be an unknown risk factor; and
       (8) the Federal Government must enforce and modernize 
     existing laws to monitor and prevent malign actions of 
     foreign entities of concern (as defined in section 9 of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508)) on the farms and land of the United States.
       (b) Civil Penalties.--Section 3 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3502) is 
     amended--
       (1) by redesignating subsection (b) as subsection (d);
       (2) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``(a) If the'' and all that follows through 
     ``Any such civil penalty'' in the third sentence and 
     inserting the following:
       ``(a) In General.--A person shall be subject to a civil 
     penalty imposed by the Secretary if the Secretary determines 
     that the person--
       ``(1) has failed to submit a report in accordance with the 
     provisions of section 2; or
       ``(2) has knowingly submitted a report under section 2 
     that--
       ``(A) does not contain all the information required to be 
     in such report; or
       ``(B) contains information that is misleading or false.
       ``(b) Availability of Funds From Civil Penalties.--A civil 
     penalty collected under subsection (a) shall be available to 
     the Secretary without appropriation and remain available 
     until expended for the purpose of enforcing this Act.
       ``(c) Civil Action.--Any civil penalty imposed by the 
     Secretary under subsection (a)''; and
       (3) in subsection (d) (as so redesignated)--
       (A) by striking the subsection designation and all that 
     follows through ``The amount'' and inserting the following:
       ``(d) Amount of Penalty.--The amount'';
       (B) by striking ``of this section''; and
       (C) by striking ``shall not exceed 25 percent'' and 
     inserting ``shall be not less than 5 percent, but not more 
     than 25 percent,''.
       (c) Public Disclosure of Noncompliant Persons.--Section 3 
     of the Agricultural Foreign Investment Disclosure Act of 1978 
     (7 U.S.C. 3502) (as amended by subsection (b)) is amended by 
     adding at the end the following:
       ``(e) Public Disclosure of Noncompliant Persons.--The 
     Secretary shall publicly disclose the name of each person who 
     paid to the Secretary a civil penalty imposed under 
     subsection (a), including, if applicable, after the 
     completion of an appeal of a civil penalty.''.
       (d) Publication of Reporting Requirements.--Section 3 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3502) (as amended by subsection (c)) is amended by 
     adding at the end the following:
       ``(f) Outreach.--Using existing resources and efforts to 
     the maximum extent practicable, the Secretary shall carry out 
     a nationwide outreach program directed primarily towards 
     landlords, owners, operators, persons, producers, and tenants 
     (as those terms are defined in section 718.2 of title 7, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2024)) of agricultural land and county property appraiser 
     offices, land appraisal companies, and real estate auction 
     companies to increase public awareness and provide education 
     regarding the reporting requirements under this section.''.
       (e) Due Diligence Requirements.--The Agricultural Foreign 
     Investment Disclosure Act of 1978 is amended by inserting 
     after section 4 (7 U.S.C. 3503) the following:

     ``SEC. 5. DUE DILIGENCE REQUIREMENTS.

       ``Any entity (including a buyer, seller, real estate agent, 
     broker, and title company) involved in the purchase or 
     transfer of agricultural land in the United States shall--
       ``(1) conduct due diligence relating to the agriculture 
     land being purchased or transferred; and
       ``(2) certify to the Secretary that, to the best of the 
     knowledge and belief of the entity, the entity is in 
     compliance with all applicable provisions of this Act.''.

     SEC. 1092. REPORT ON AGRICULTURAL LAND PURCHASING ACTIVITIES 
                   IN THE UNITED STATES BY COUNTRIES DESIGNATED AS 
                   STATE SPONSORS OF TERRORISM AND CERTAIN OTHER 
                   COUNTRIES.

       (a) Definitions.--In this section:
       (1) Agricultural land.--The term ``agricultural land'' has 
     the meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Intelligence of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Agriculture of the House of 
     Representatives; and
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) Covered foreign country.--The term ``covered foreign 
     country'' means--
       (A) the People's Republic of China;
       (B) the Russian Federation;
       (C) a state sponsor of terrorism; and
       (D) any other country identified by the Secretary of 
     Homeland Security or the Secretary of Agriculture.
       (4) Covered foreign person.--The term ``covered foreign 
     person'' means a foreign person (as defined in section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508)) that is a citizen of, or headquartered in, as 
     applicable, a covered foreign country.
       (5) State.--The term ``State'' has the meaning given the 
     term in section 9 of the Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3508).
       (6) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism, for purposes 
     of--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other provision of law.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of Agriculture, with support from the Secretary of Homeland 
     Security and the head of any other appropriate Federal 
     agency, shall submit to the appropriate committees of 
     Congress a report describing the national security risks of 
     the purchase and management of agricultural land by covered 
     foreign persons.
       (2) Contents.--A report submitted under paragraph (1) shall 
     include the following with respect to the year covered by the 
     report:
       (A) A description of--
       (i) the number of acres of agricultural land owned or 
     managed by covered foreign persons, organized by State; and
       (ii) for each State, the percentage of land owned or 
     managed by covered foreign persons compared to the total 
     acreage of the State.
       (B) An analysis of the possible threat to food security, 
     food safety, biosecurity, or environmental protection due to 
     the ownership of agricultural land by each covered foreign 
     country through covered foreign persons.

[[Page S2797]]

       (C) An analysis of the annual and total cost of support for 
     agricultural land owned by covered foreign persons through 
     farm programs administered by the Farm Service Agency.
       (D) An analysis of the use of agricultural land for 
     industrial espionage or intellectual property transfer by 
     covered foreign persons.
       (E) An analysis of the potential use by covered foreign 
     persons of agricultural land in close proximity to 
     manufacturing facilities, water sources, and other critical 
     infrastructure to monitor, interrupt, or disrupt activities 
     critical to the national and economic security of the United 
     States.
       (F) An analysis of other threats to the agricultural 
     industry or national security of the United States due to the 
     ownership of agricultural land by covered foreign persons.
       (3) Unclassified form.--A report submitted under this 
     subsection shall--
       (A) be submitted in unclassified form, but may include a 
     classified annex; and
       (B) be consistent with the protection of intelligence 
     sources and methods.

     SEC. 1093. INVESTIGATIVE ACTIONS.

       (a) Investigative Actions.--Section 4 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3503) is 
     amended to read as follows:

     ``SEC. 4. INVESTIGATIVE ACTIONS.

       ``(a) In General.--The Secretary shall appoint an employee 
     in the Senior Executive Service (as described in section 3131 
     of title 5, United States Code) of the Department of 
     Agriculture to serve as Chief of Operations of Investigative 
     Actions (referred to in this section as the `Chief of 
     Operations'), who shall hire, appoint, and maintain 
     additional employees to monitor compliance with the 
     provisions of this Act.
       ``(b) Chief of Operations.--The Chief of Operations may 
     serve in such position simultaneously with a concurrent 
     position within the Department of Agriculture.
       ``(c) Security.--The Secretary shall--
       ``(1) provide classified storage, meeting, and other 
     spaces, as necessary, for personnel; and
       ``(2) assist personnel in obtaining security clearances.
       ``(d) Duties.--The Chief of Operations shall--
       ``(1) monitor compliance with this Act;
       ``(2) refer noncompliance with this Act to the Secretary, 
     the Farm Service Agency, and any other appropriate authority;
       ``(3) conduct investigations, in coordination with the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Department of Homeland Security, the Department of the 
     Treasury, the National Security Council, and State and local 
     law enforcement agencies, on malign efforts--
       ``(A) to steal agricultural knowledge and technology; and
       ``(B) to disrupt the United States agricultural base;
       ``(4) conduct an annual audit of the database developed 
     under section 1095(b) of the National Defense Authorization 
     Act for Fiscal Year 2024;
       ``(5) seek to enter into memoranda of agreement and 
     memoranda of understanding with the Federal agencies 
     described in paragraph (3)--
       ``(A) to ensure compliance with this Act; and
       ``(B) to prevent the malign efforts described in that 
     paragraph;
       ``(6) refer to the Committee on Foreign Investment in the 
     United States transactions that--
       ``(A) raise potential national security concerns; and
       ``(B) result in agricultural land acquisition by a foreign 
     person that is a citizen of, or headquartered in, as 
     applicable, a foreign entity of concern; and
       ``(7) publish annual reports that summarize the information 
     contained in every report received by the Secretary under 
     section 2 during the period covered by the report.
       ``(e) Administration.--The Chief of Operations shall report 
     to--
       ``(1) the Secretary; or
       ``(2) if delegated by the Secretary, to--
       ``(A) the Administrator of the Farm Service Agency; or
       ``(B) the Director of the Department of Agriculture Office 
     of Homeland Security.''.
       (b) Definition of Foreign Entity of Concern.--Section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``For purposes of this Act--'' and inserting ``In this 
     Act:'';
       (2) in each of paragraphs (1) through (6)--
       (A) by striking ``the term'' and inserting ``The term''; 
     and
       (B) by inserting a paragraph heading, the text of which 
     comprises the term defined in that paragraph;
       (3) by redesignating paragraphs (2) through (6) as 
     paragraphs (3), (4), (6), (7), and (8), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) Foreign entity of concern.--The term `foreign entity 
     of concern' has the meaning given the term in section 9901 of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).''; 
     and
       (5) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) Malign effort.--The term `malign effort' means any 
     hostile effort undertaken by, at the direction of, on behalf 
     of, or with the substantial support of the government of a 
     foreign entity of concern.''.
       (c) Reports.--The Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 11. REPORTS.

       ``(a) Initial Report.--Not later than 180 days after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a report that describes the progress of the 
     Secretary in implementing the amendments made by subtitle H 
     of title X of the National Defense Authorization Act for 
     Fiscal Year 2024.
       ``(b) Report on Tracking Covered Transactions.--Not later 
     than 180 days after the date of enactment of this section, 
     the Secretary shall submit to Congress a report on the 
     feasibility of--
       ``(1) establishing a mechanism for quantifying the threats 
     posed by foreign entities of concern to United States food 
     security, biosecurity, food safety, environmental protection, 
     and national defense; and
       ``(2) building, and submitting to the Committee on Foreign 
     Investment in the United States for further review, a 
     rigorous discovery and review process to review transactions 
     described in section 721(a)(4)(B)(vi) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)(vi)).
       ``(c) Yearly Report.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter for the 
     following 10 years, the Secretary shall submit to Congress a 
     report on the activities of the Secretary pursuant to this 
     Act during the year covered by the report.''.

     SEC. 1094. AUTHORITY OF COMMITTEE ON FOREIGN INVESTMENT IN 
                   THE UNITED STATES TO REVIEW CERTAIN REAL ESTATE 
                   PURCHASES BY FOREIGN ENTITIES OF CONCERN.

       (a) In General.--Section 721(a)(4) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) any transaction described in subparagraph (B)(vi) 
     proposed or pending on or after the date of enactment of this 
     clause.''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Subject to subparagraph (C), the purchase or lease 
     by, or a concession to, a foreign entity of concern of 
     private or public real estate in the United States if--

       ``(I)(aa) the value of the purchase, lease, or concession--

       ``(AA) exceeds $5,000,000; or
       ``(BB) in combination with the value of other such 
     purchases or leases by, or concessions to, the same entity 
     during the preceding 3 years, exceeds $5,000,000; or

       ``(bb) the real estate--

       ``(AA) exceeds 320 acres; or
       ``(BB) in combination with other private or public real 
     estate in the United States purchased or leased by, or for 
     which a concession is provided to, the same entity during the 
     preceding 3 years, exceeds 320 acres; and

       ``(II) the real estate is primarily used for--

       ``(aa) agriculture, including raising of livestock and 
     forestry;
       ``(bb) extraction of fossil fuels, natural gas, purchases 
     or leases of renewable energy sources; or
       ``(cc) extraction of critical precursor materials for 
     biological technology industries, information technology 
     components, or national defense technologies.''.
       (b) Foreign Entities of Concern.--Section 721(a) of the 
     Defense Production Act of 1950 (50 U.S.C. 4565(a)) is 
     amended--
       (1) by redesignating paragraphs (7) through (13) as 
     paragraphs (8) through (14), respectively; and
       (2) by inserting after paragraph (6) the following:
       ``(7) Foreign entity of concern.--The term `foreign entity 
     of concern' has the meaning given that term in section 9901 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).''.
       (c) Factors To Be Considered.--Section 721(f) of the 
     Defense Production Act of 1950 (50 U.S.C. 4565(f)) is 
     amended--
       (1) by redesignating paragraphs (8) through (11) as 
     paragraphs (9) through (12), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) the potential follow-on national security effects of 
     the risks posed by the proposed or pending transaction to 
     United States food security, food safety, biosecurity, 
     environmental protection, or national defense;''.
       (d) Inclusion of Secretary of Agriculture and the 
     Commissioner of Food And Drugs on Committee On Foreign 
     Investment in the United States.--Section 721(k)(2) of the 
     Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is 
     amended--
       (1) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (J), (K), and (L), respectively; and
       (2) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture.
       ``(I) The Commissioner of Food and Drugs.''.

[[Page S2798]]

       (e) Annual Report.--Section 721(m) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(m)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) List of real estate owned by foreign entities of 
     concern.--The President and such agencies as the President 
     shall designate shall include in the annual report submitted 
     under paragraph (1) a list of all real estate in the United 
     States owned by a foreign entity of concern or a person 
     closely associated with such an entity.''.
       (f) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of the Treasury, 
     in coordination with Secretary of State and the Secretary of 
     Homeland Security, shall submit to Congress a report that 
     includes--
       (1) an assessment of the feasibility of requiring 
     retroactive divestment of real estate owned by foreign 
     entities of concern (as defined in section 721(a) of the 
     Defense Production Act of 1950, as amended by this section); 
     and
       (2) a description of the process used by the Committee on 
     Foreign Investment in the United States to review the 
     national security implications of any connections between--
       (A) foreign investment in the United States made by the 
     Government of the People's Republic of China or entities 
     controlled by or acting on behalf of that Government; and
       (B) the Chinese Communist Party.
       (g) Effective Date.--The amendments made by this section 
     take effect on the date of the enactment of this Act and 
     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 such date of 
     enactment.

     SEC. 1095. DIGITIZATION AND CONSOLIDATION OF FOREIGN LAND 
                   OWNERSHIP DATA.

       (a) Definitions.--In this section:
       (1) Agricultural land.--The term ``agricultural land'' has 
     the meaning given the term in section 781.2 of title 7, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this Act).
       (2) Appropriate committees of congress.--In this section, 
     the term ``appropriate committees of Congress'' has the 
     meaning given the term in section 1092(a).
       (3) Database.--The term ``database'' means the database 
     developed under subsection (b).
       (4) Foreign person.--The term ``foreign person'' has the 
     meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (5) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of Agriculture; and
       (B) the Secretary of Homeland Security.
       (b) Database.--Subject to the availability of 
     appropriations, not later than 3 years after the date of 
     enactment of this Act, the Secretaries, acting jointly, shall 
     develop a database of agricultural land owned by foreign 
     persons, using data that are--
       (1) collected--
       (A) pursuant to the Agricultural Foreign Investment 
     Disclosure Act of 1978 (7 U.S.C. 3501 et seq.); and
       (B) from FSA-153 forms submitted to the Farm Service 
     Agency; and
       (2) publicly available.
       (c) Contents.--Each entry in the database for each 
     registration or updated registration of agricultural land 
     owned by a foreign person shall include information in the 
     applicable FSA-153 form.
       (d) Audit.--Not later than 180 days after the database is 
     made publicly available, and annually thereafter, the Chief 
     of Operations for Investigative Actions appointed under 
     section 4 of the Agricultural Foreign Investment Disclosure 
     Act of 1978 shall--
       (1) conduct an audit of the database; and
       (2) submit to the appropriate committees of Congress a 
     report--
       (A) evaluating the accuracy of the database; and
       (B) describing recommendations for improving compliance 
     with the reporting required under the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.).

     SEC. 1096. PROHIBITION OF PARTICIPATION IN FARM SERVICE 
                   AGENCY PROGRAMS BY FOREIGN PERSONS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' has the meaning given 
     the term in section 1092(a).
       (2) Foreign person.--The term ``foreign person'' has the 
     meaning given the term in section 9 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
       (3) Operator.--The term ``operator'' has the meaning given 
     the term in section 718.2 of title 7, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (4) Owner.--The term ``owner'' has the meaning given the 
     term in section 718.2 of title 7, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act).
       (5) Participant.--The term ``participant'' has the meaning 
     given the term in section 718.2 of title 7, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Limitation for Foreign-owned or Operated Land.--No 
     operator or owner who is a foreign person may be a 
     participant.
       (c) Compliance.--
       (1) In general.--The Secretary may take such actions as the 
     Secretary considers necessary to monitor compliance with 
     subsection (b).
       (2) Ownership certification.--The Secretary shall require 
     any owner or operator applying to be a participant to certify 
     in the application that the owner or operator is not a 
     foreign person.
       (3) Civil penalty.--
       (A) In general.--A foreign person shall be subject to a 
     civil penalty imposed by the Secretary if the Secretary 
     determines that the foreign person--
       (i) has received benefits prohibited under subsection (b); 
     or
       (ii) has knowingly submitted a request for those benefits 
     that contains information that is misleading or false.
       (B) Civil action.--A civil penalty imposed by the Secretary 
     under subparagraph (A) shall be recoverable in a civil action 
     brought by the Attorney General in an appropriate district 
     court of the United States.
       (C) Amount.--The amount of a civil penalty imposed by the 
     Secretary under subparagraph (A)--
       (i) shall be such amount as the Secretary determines to be 
     appropriate to carry out the purposes of this section; but
       (ii) shall not exceed 125 percent of the monetary benefits 
     provided to the foreign person in participating in the 1 or 
     more programs of the Farm Service Agency in which 
     participation is prohibited under subsection (b).
       (D) Use of civil penalties.--Penalties collected under this 
     paragraph shall be available to the Secretary, without 
     further appropriation and until expended, for the purpose of 
     enforcing this section.
       (4) Use of information.--For the purpose of monitoring 
     compliance under this subsection, the Secretary shall use 
     information--
       (A) collected by the Secretary under the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et 
     seq.); and
       (B) from the FSA-153 form submitted to the Farm Service 
     Agency.
       (d) Report.--The Secretary shall submit to the appropriate 
     committees of Congress, on an annual basis, a report 
     containing the following information:
       (1) A description of violations of subsection (b) during 
     the year covered by the report.
       (2) An itemized list of savings for each program 
     administered by the Farm Service Agency during the year 
     covered by the report as a result of subsection (b).
       (3) A description of compliance actions taken by the 
     Secretary under subsection (c) during the year covered by the 
     report.
       (4) An itemized list of civil penalties imposed on foreign 
     persons under subsection (c)(3) during the year covered by 
     the report.
       (5) Such other information on enforcement under this 
     section, compliance with this section, and the benefits of 
     this section as the Secretary determines to be necessary.

     SEC. 1097. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle and the amendments made by this subtitle--
       (1) $35,000,000 for fiscal year 2024, to remain available 
     until expended, for secure workspace buildout under the 
     amendments made by section 1093 and database system 
     development under section 1095; and
       (2) $9,000,000 for each of fiscal years 2024 through 2028 
     for all other activities.
                                 ______
                                 
  SA 693. 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 July 13, 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,

[[Page S2799]]

     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. CODIFICATION OF CUBA RESTRICTED LIST.

       The President may not remove any entity or subentity from 
     the List of Restricted Entities and Subentities Associated 
     with Cuba of the Department of State (commonly known as the 
     ``Cuba Restricted List'') if that entity or subentity was on 
     that list as of July 13, 2023.

     SEC. 1299N. 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--
       (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 694. Mr. MORAN 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. ___. AGENCY USE OF ARTIFICIAL INTELLIGENCE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of Federal Procurement Policy.
       (2) Agency.--The term ``agency'' means any department, 
     independent establishment, Government corporation, or other 
     agency of the executive branch of the Federal Government.
       (3) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 5002 
     of the National Artificial Intelligence Initiative Act of 
     2020 (15 U.S.C. 9401).
       (4) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (5) Framework.--The term ``framework'' means document 
     number NIST AI 100-1 of the National Institute of Standards 
     and Technology entitled ``Artificial Intelligence Risk 
     Management Framework'', or any successor document.
       (6) Playbook.--The term ``playbook'' means the AI RMF 
     Playbook developed by the National Institute of Standards and 
     Technology.
       (7) Profile.--The term ``profile'' means an implementation 
     of the artificial intelligence risk management functions, 
     categories, and subcategories for a specific setting or 
     application based on the requirements, risk tolerance, and 
     resources of the framework user.
       (b) Requirements for Agency Use of Artificial 
     Intelligence.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director, in consultation with the 
     Administrator, shall issue guidance for each agency to 
     incorporate the framework into the artificial intelligence 
     risk management efforts of the agency, which shall--
       (A) recommend requirements consistent with the framework 
     and tailored to risks that could endanger human life, health, 
     property, or the environment for agency implementation in the 
     development, procurement, and use of artificial intelligence;
       (B) specify appropriate cybersecurity strategies and the 
     installation of effective cybersecurity tools;
       (C) recommend minimum standards--
       (i) that are consistent with the framework and Circular A-
     119 of the Office of Management and Budget;
       (ii) that are tailored to risks that could endanger human 
     life, health, property, or the environment; and
       (iii) which a supplier of artificial intelligence for the 
     agency must attest to meet before the head of an agency may 
     procure artificial intelligence from that supplier;
       (D) provide draft contract language for each agency to use 
     in procurement that requires a supplier of artificial 
     intelligence to adhere to certain actions that are consistent 
     with the framework;
       (E) provide a template for agency use on the guidance that 
     includes recommended procedures for implementation;
       (F) provide specific recommendations, including exceptions, 
     consistent with the framework for an entity that is a small 
     business concern (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632));
       (G) recommend training on the framework and the guidance 
     for each agency responsible for procuring artificial 
     intelligence; and
       (H) develop profiles for agency use of artificial 
     intelligence consistent with the framework.
       (2) Conforming requirement.--The head of each agency shall 
     conform any policy, principle, practice, procedure, or 
     guideline governing the design, development, implementation, 
     deployment, use, or evaluation of an artificial intelligence 
     system by the agency to the guidance issued under paragraph 
     (1).
       (3) Supporting material.--In carrying out paragraph (2), 
     the head of each agency may use the supporting materials of 
     the framework, including the playbook.

[[Page S2800]]

       (4) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the impact of the application 
     of the framework on agency use of artificial intelligence.
       (5) Reporting requirement.--Not later than 1 year after the 
     date of the enactment of this Act, and not less frequently 
     than once every 3 years thereafter, the Director of the 
     Office of Management and Budget shall submit to Congress a 
     report on agency implementation of and conformity to the 
     framework.
       (c) REQUIREMENTS FOR AGENCY PROCUREMENT OF ARTIFICIAL 
     INTELLIGENCE.--Not later than 180 days after the issuance of 
     guidance pursuant to subsection (b)(1), the Federal 
     Acquisition Regulatory Council shall promulgate regulations 
     that provide for--
       (1) the requirements for the acquisition of artificial 
     intelligence products, services, tools, and systems, to 
     include risk-based compliance with the framework; and
       (2) solicitation provisions and contract clauses that 
     include references to the requirements described in paragraph 
     (1) and the framework for use in artificial intelligence 
     acquisitions.
                                 ______
                                 
  SA 695. Mr. MORAN 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. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       (a) In General.--Chapter 313 of title 51, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 31303. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) In General.--Except as provided in subsection 
     (b)(1)--
       ``(1) a medical quality assurance record, or any part of a 
     medical quality assurance record, may not be subject to 
     discovery or admitted into evidence in a judicial or 
     administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record for the Administration, or 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record, may not testify in a 
     judicial or administrative proceeding with respect to--
       ``(A) the medical quality assurance record; or
       ``(B) any finding, recommendation, evaluation, opinion, or 
     action taken by such individual or in accordance with such 
     proceeding with respect to the medical quality assurance 
     record.
       ``(b) Disclosure of Records.--
       ``(1) In general.--Notwithstanding subsection (a), a 
     medical quality assurance record may be disclosed to--
       ``(A) a Federal agency or private entity, if the medical 
     quality assurance record is necessary for the Federal agency 
     or private entity to carry out--
       ``(i) licensing or accreditation functions relating to 
     Administration healthcare facilities; or
       ``(ii) monitoring of Administration healthcare facilities 
     required by law;
       ``(B) a Federal agency or healthcare provider, if the 
     medical quality assurance record is required by the Federal 
     agency or healthcare provider to enable Administration 
     participation in a healthcare program of the Federal agency 
     or healthcare provider;
       ``(C) a criminal or civil law enforcement agency, or an 
     instrumentality authorized by law to protect the public 
     health or safety, on written request by a qualified 
     representative of such agency or instrumentality submitted to 
     the Administrator that includes a description of the lawful 
     purpose for which the medical quality assurance record is 
     requested;
       ``(D) to an official of the Department of Justice who is 
     investigating a claim or potential claim against the 
     Administration or in response to litigation or potential 
     litigation involving the Administration when the records are 
     deemed relevant and necessary;
       ``(E) an officer, an employee, or a contractor of the 
     Administration who requires the medical quality assurance 
     record to carry out an official duty associated with 
     healthcare;
       ``(F) healthcare personnel, to the extent necessary to 
     address a medical emergency affecting the health or safety of 
     an individual;
       ``(G) any committee, panel, or board convened by the 
     Administration to review the healthcare-related policies and 
     practices of the Administration; and
       ``(H) pursuant to the order of a court of competent 
     jurisdiction.
       ``(2) Subsequent disclosure prohibited.--An individual or 
     entity to whom a medical quality assurance record has been 
     disclosed under paragraph (1) may not make a subsequent 
     disclosure of the medical quality assurance record.
       ``(c) Personally Identifiable Information.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     personally identifiable information contained in a medical 
     quality assurance record of a patient or an employee of the 
     Administration, or any other individual associated with the 
     Administration for purposes of a medical quality assurance 
     program, shall be removed before the disclosure of the 
     medical quality assurance record to an entity other than the 
     Administration.
       ``(2) Exception.--Personally identifiable information 
     described in paragraph (1) may be released to an entity other 
     than the Administration if the Administrator makes a 
     determination that the release of such personally 
     identifiable information--
       ``(A) is in the best interests of the Administration; and
       ``(B) does not constitute an unwarranted invasion of 
     personal privacy.
       ``(d) Exclusion From FOIA.--A medical quality assurance 
     record may not be made available to any person under section 
     552 of title 5, United States Code (commonly referred to as 
     the `Freedom of Information Act'), and this section shall be 
     considered a statute described in subsection (b)(3)(B) of 
     such section 522.
       ``(e) Regulations.--Not later than one year after the date 
     of the enactment of this section, the Administrator shall 
     promulgate regulations to implement this section.
       ``(f) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to withhold a medical quality assurance record from a 
     committee of the Senate or House of Representatives or a 
     joint committee of Congress if the medical quality assurance 
     record relates to a matter within the jurisdiction of such 
     committee or joint committee; or
       ``(2) to limit the use of a medical quality assurance 
     record within the Administration, including the use by a 
     contractor or consultant of the Administration.
       ``(g) Definitions.--In this section:
       ``(1) Medical quality assurance record.--The term `medical 
     quality assurance record' means any proceeding, discussion, 
     record, finding, recommendation, evaluation, opinion, 
     minutes, report, or other document or action that results 
     from a quality assurance committee, quality assurance 
     program, or quality assurance program activity.
       ``(2) Quality assurance program.--
       ``(A) In general.--The term `quality assurance program' 
     means a comprehensive program of the Administration--
       ``(i) to systematically review and improve the quality of 
     medical and behavioral health services provided by the 
     Administration to ensure the safety and security of 
     individuals receiving such health services; and
       ``(ii) to evaluate and improve the efficiency, 
     effectiveness, and use of staff and resources in the delivery 
     of such health services.
       ``(B) Inclusion.--The term `quality assurance program' 
     includes any activity carried out by or for the 
     Administration to assess the quality of medical care provided 
     by the Administration.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 313 of title 51, United States Code, is 
     amended by adding at the end the following:

``31303. Confidentiality of medical quality assurance records.''.
                                 ______
                                 
  SA 696. 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 title X, add the following:

                     Subtitle H--HALT Fentanyl Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Halt All Lethal 
     Trafficking of Fentanyl Act'' or the ``HALT Fentanyl Act''.

     SEC. 1092. CLASS SCHEDULING OF FENTANYL-RELATED SUBSTANCES.

       Section 202(c) of the Controlled Substances Act (21 U.S.C. 
     812(c)) is amended by adding at the end of schedule I the 
     following:
       ``(e)(1) Unless specifically exempted or unless listed in 
     another schedule, any material, compound, mixture, or 
     preparation which contains any quantity of a fentanyl-related 
     substance, or which contains the salts, isomers, and salts of 
     isomers of a fentanyl-related substance whenever the 
     existence of such salts, isomers, and salts of isomers is 
     possible within the specific chemical designation.
       ``(2) For purposes of paragraph (1), except as provided in 
     paragraph (3), the term `fentanyl-related substance' means 
     any substance that is structurally related to fentanyl by 1 
     or more of the following modifications:
       ``(A) By replacement of the phenyl portion of the phenethyl 
     group by any monocycle, whether or not further substituted in 
     or on the monocycle.
       ``(B) By substitution in or on the phenethyl group with 
     alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or 
     nitro groups.
       ``(C) By substitution in or on the piperidine ring with 
     alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 
     haloalkyl, amino, or nitro groups.
       ``(D) By replacement of the aniline ring with any aromatic 
     monocycle whether or not further substituted in or on the 
     aromatic monocycle.

[[Page S2801]]

       ``(E) By replacement of the N-propionyl group with another 
     acyl group.
       ``(3) A substance that satisfies the definition of the term 
     `fentanyl-related substance' in paragraph (2) shall 
     nonetheless not be treated as a fentanyl-related substance 
     subject to this schedule if the substance--
       ``(A) is controlled by action of the Attorney General under 
     section 201; or
       ``(B) is otherwise expressly listed in a schedule other 
     than this schedule.
       ``(4)(A) The Attorney General may by order publish in the 
     Federal Register a list of substances that satisfy the 
     definition of the term `fentanyl-related substance' in 
     paragraph (2).
       ``(B) The absence of a substance from a list published 
     under subparagraph (A) does not negate the control status of 
     the substance under this schedule if the substance satisfies 
     the definition of the term `fentanyl-related substance' in 
     paragraph (2).''.

     SEC. 1093. REGISTRATION REQUIREMENTS RELATED TO RESEARCH.

       (a) Alternative Registration Process for Schedule I 
     Research.--Section 303 of the Controlled Substances Act (21 
     U.S.C. 823) is amended--
       (1) by redesignating the second subsection (l) (relating to 
     required training for prescribers) as subsection (m); and
       (2) by adding at the end the following:
       ``(n) Special Provisions for Practitioners Conducting 
     Certain Research With Schedule I Controlled Substances.--
       ``(1) In general.--Notwithstanding subsection (f), a 
     practitioner may conduct research described in paragraph (2) 
     of this subsection with 1 or more schedule I substances in 
     accordance with subparagraph (A) or (B) of paragraph (3) of 
     this subsection.
       ``(2) Research subject to expedited procedures.--Research 
     described in this paragraph is research that--
       ``(A) is with respect to a drug that is the subject of an 
     investigational use exemption under section 505(i) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or
       ``(B) is--
       ``(i) conducted by the Department of Health and Human 
     Services or the Department of Veterans Affairs; or
       ``(ii) funded partly or entirely by a grant, contract, 
     cooperative agreement, or other transaction from the 
     Department of Health and Human Services or the Department of 
     Veterans Affairs.
       ``(3) Expedited procedures.--
       ``(A) Researcher with a current schedule i or ii research 
     registration.--
       ``(i) In general.--If a practitioner is registered to 
     conduct research with a controlled substance in schedule I or 
     II, the practitioner may conduct research under this 
     subsection on and after the date that is 30 days after the 
     date on which the practitioner sends a notice to the Attorney 
     General containing the following information, with respect to 
     each substance with which the practitioner will conduct the 
     research:

       ``(I) The chemical name of the substance.
       ``(II) The quantity of the substance to be used in the 
     research.
       ``(III) Demonstration that the research is in the category 
     described in paragraph (2), which demonstration may be 
     satisfied--

       ``(aa) in the case of a grant, contract, cooperative 
     agreement, or other transaction, or intramural research 
     project, by identifying the sponsoring agency and supplying 
     the number of the grant, contract, cooperative agreement, 
     other transaction, or project; or
       ``(bb) in the case of an application under section 505(i) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(i)), by supplying the application number and the sponsor 
     of record on the application.

       ``(IV) Demonstration that the researcher is authorized to 
     conduct research with respect to the substance under the laws 
     of the State in which the research will take place.

       ``(ii) Verification of information by hhs or va.--Upon 
     request from the Attorney General, the Secretary of Health 
     and Human Services or the Secretary of Veterans Affairs, as 
     appropriate, shall verify information submitted by an 
     applicant under clause (i)(III).
       ``(B) Researcher without a current schedule i or ii 
     research registration.--
       ``(i) In general.--If a practitioner is not registered to 
     conduct research with a controlled substance in schedule I or 
     II, the practitioner may send a notice to the Attorney 
     General containing the information listed in subparagraph 
     (A)(i), with respect to each substance with which the 
     practitioner will conduct the research.
       ``(ii) Attorney general action.--The Attorney General 
     shall--

       ``(I) treat notice received under clause (i) as a 
     sufficient application for a research registration; and
       ``(II) not later than 45 days of receiving such a notice 
     that contains all information required under subparagraph 
     (A)(i)--

       ``(aa) register the applicant; or
       ``(bb) serve an order to show cause upon the applicant in 
     accordance with section 304(c).
       ``(4) Electronic submissions.--The Attorney General shall 
     provide a means to permit a practitioner to submit a 
     notification under paragraph (3) electronically.
       ``(5) Limitation on amounts.--A practitioner conducting 
     research with a schedule I substance under this subsection 
     may only possess the amounts of schedule I substance 
     identified in--
       ``(A) the notification to the Attorney General under 
     paragraph (3); or
       ``(B) a supplemental notification that the practitioner may 
     send if the practitioner needs additional amounts for the 
     research, which supplemental notification shall include--
       ``(i) the name of the practitioner;
       ``(ii) the additional quantity needed of the substance; and
       ``(iii) an attestation that the research to be conducted 
     with the substance is consistent with the scope of the 
     research that was the subject of the notification under 
     paragraph (3).
       ``(6) Importation and exportation requirements not 
     affected.--Nothing in this subsection alters the requirements 
     of part A of title III, regarding the importation and 
     exportation of controlled substances.''.
       (b) Separate Registrations Not Required for Additional 
     Researcher in Same Institution.--Section 302(c) of the 
     Controlled Substances Act (21 U.S.C. 822(c)) is amended by 
     adding at the end the following:
       ``(4) An agent or employee of a research institution that 
     is conducting research with a controlled substance if--
       ``(A) the agent or employee is acting within the scope of 
     the professional practice of the agent or employee;
       ``(B) another agent or employee of the institution is 
     registered to conduct research with a controlled substance in 
     the same schedule;
       ``(C) the researcher who is so registered--
       ``(i) informs the Attorney General of the name, position 
     title, and employing institution of the agent or employee who 
     is not separately registered;
       ``(ii) authorizes that agent or employee to perform 
     research under the registration of the registered researcher; 
     and
       ``(iii) affirms that any act taken by that agent or 
     employee involving a controlled substance shall be 
     attributable to the registered researcher, as if the 
     researcher had directly committed the act, for purposes of 
     any proceeding under section 304(a) to suspend or revoke the 
     registration of the registered researcher; and
       ``(D) the Attorney General does not, within 30 days of 
     receiving the information, authorization, and affirmation 
     described in subparagraph (C), refuse, for a reason listed in 
     section 304(a), to allow the agent or employee to possess the 
     substance without a separate registration.''.
       (c) Single Registration for Related Research Sites.--
     Section 302(e) of the Controlled Substances Act (21 U.S.C. 
     822(e)) is amended by adding at the end the following:
       ``(4)(A) Notwithstanding paragraph (1), a person registered 
     to conduct research with a controlled substance under section 
     303(f) may conduct the research under a single registration 
     if--
       ``(i) the research occurs exclusively on sites all of which 
     are--
       ``(I) within the same city or county; and
       ``(II) under the control of the same institution, 
     organization, or agency; and
       ``(ii) before commencing the research, the researcher 
     notifies the Attorney General of each site where--
       ``(I) the research will be conducted; or
       ``(II) the controlled substance will be stored or 
     administered.
       ``(B) A site described in subparagraph (A) shall be 
     included in a registration described in that subparagraph 
     only if the researcher has notified the Attorney General of 
     the site--
       ``(i) in the application for the registration; or
       ``(ii) before the research is conducted, or before the 
     controlled substance is stored or administered, at the site.
       ``(C) The Attorney General may, in consultation with the 
     Secretary, issue regulations addressing, with respect to 
     research sites described in subparagraph (A)--
       ``(i) the manner in which controlled substances may be 
     delivered to the research sites;
       ``(ii) the storage and security of controlled substances at 
     the research sites;
       ``(iii) the maintenance of records for the research sites; 
     and
       ``(iv) any other matters necessary to ensure effective 
     controls against diversion at the research sites.''.
       (d) New Inspection Not Required in Certain Situations.--
     Section 302(f) of the Controlled Substances Act (21 U.S.C. 
     822(f)) is amended--
       (1) by striking ``(f) The'' and inserting ``(f)(1) The''; 
     and
       (2) by adding at the end the following:
       ``(2)(A) If a person is registered to conduct research with 
     a controlled substance and applies for a registration, or for 
     a modification of a registration, to conduct research with a 
     second controlled substance that is in the same schedule as 
     the first controlled substance, or is in a schedule with a 
     higher numerical designation than the schedule of the first 
     controlled substance, a new inspection by the Attorney 
     General of the registered location is not required.
       ``(B) Nothing in subparagraph (A) shall prohibit the 
     Attorney General from conducting an inspection that the 
     Attorney General determines necessary to ensure that a 
     registrant maintains effective controls against diversion.''.
       (e) Continuation of Research on Substances Newly Added to 
     Schedule I.--Section 302 of the Controlled Substances Act (21 
     U.S.C. 822) is amended by adding at the end the following:
       ``(h) Continuation of Research on Substances Newly Added to 
     Schedule I.--If a person is conducting research on a 
     substance

[[Page S2802]]

     when the substance is added to schedule I, and the person is 
     already registered to conduct research with a controlled 
     substance in schedule I--
       ``(1) not later than 90 days after the scheduling of the 
     newly scheduled substance, the person shall submit a 
     completed application for registration or modification of 
     existing registration, to conduct research on the substance, 
     in accordance with regulations issued by the Attorney General 
     for purposes of this paragraph;
       ``(2) the person may, notwithstanding subsections (a) and 
     (b), continue to conduct the research on the substance 
     until--
       ``(A) the person withdraws the application described in 
     paragraph (1) of this subsection; or
       ``(B) the Attorney General serves on the person an order to 
     show cause proposing the denial of the application under 
     section 304(c);
       ``(3) if the Attorney General serves an order to show cause 
     as described in paragraph (2)(B) and the person requests a 
     hearing, the hearing shall be held on an expedited basis and 
     not later than 45 days after the request is made, except that 
     the hearing may be held at a later time if so requested by 
     the person; and
       ``(4) if the person sends a copy of the application 
     described in paragraph (1) to a manufacturer or distributor 
     of the substance, receipt of the copy by the manufacturer or 
     distributor shall constitute sufficient evidence that the 
     person is authorized to receive the substance.''.
       (f) Treatment of Certain Manufacturing Activities as 
     Coincident to Research.--Section 302 of the Controlled 
     Substances Act (21 U.S.C. 822), as amended by subsection (e), 
     is amended by adding at the end the following:
       ``(i) Treatment of Certain Manufacturing Activities as 
     Coincident to Research.--
       ``(1) In general.--Except as provided in paragraph (3), a 
     person who is registered to perform research on a controlled 
     substance may perform manufacturing activities with small 
     quantities of that substance, including activities described 
     in paragraph (2), without being required to obtain a 
     manufacturing registration, if--
       ``(A) the activities are performed for the purpose of the 
     research; and
       ``(B) the activities and the quantities of the substance 
     involved in the activities are stated in--
       ``(i) a notification submitted to the Attorney General 
     under section 303(l);
       ``(ii) a research protocol filed with an application for 
     registration approval under section 303(f); or
       ``(iii) a notification to the Attorney General that 
     includes--

       ``(I) the name of the registrant; and
       ``(II) an attestation that the research to be conducted 
     with the small quantities of manufactured substance is 
     consistent with the scope of the research that is the basis 
     for the registration.

       ``(2) Activities included.--Activities permitted under 
     paragraph (1) include--
       ``(A) processing the substance to create extracts, 
     tinctures, oils, solutions, derivatives, or other forms of 
     the substance consistent with--
       ``(i) the information provided as part of a notification 
     submitted to the Attorney General under section 303(l); or
       ``(ii) a research protocol filed with an application for 
     registration approval under section 303(f); and
       ``(B) dosage form development studies performed for the 
     purpose of requesting an investigational new drug exemption 
     under section 505(i) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355(i)).
       ``(3) Exception regarding marijuana.--The authority under 
     paragraph (1) to manufacture substances does not include the 
     authority to grow marijuana.''.
       (g) Transparency Regarding Special Procedures.--Section 303 
     of the Controlled Substances Act (21 U.S.C. 823), as amended 
     by subsection (a), is amended by adding at the end the 
     following:
       ``(o) Transparency Regarding Special Procedures.--
       ``(1) In general.--If the Attorney General determines, with 
     respect to a controlled substance, that an application by a 
     practitioner to conduct research with the substance should be 
     considered under a process, or subject to criteria, different 
     from the process or criteria applicable to applications to 
     conduct research with other controlled substances in the same 
     schedule, the Attorney General shall make public, including 
     by posting on the website of the Drug Enforcement 
     Administration--
       ``(A) the identities of all substances for which such 
     determinations have been made;
       ``(B) the process and criteria that shall be applied to 
     applications to conduct research with those substances; and
       ``(C) how the process and criteria described in 
     subparagraph (B) differ from the process and criteria 
     applicable to applications to conduct research with other 
     controlled substances in the same schedule.
       ``(2) Timing of posting.--The Attorney General shall make 
     information described in paragraph (1) public upon making a 
     determination described in that paragraph, regardless of 
     whether a practitioner has submitted such an application at 
     that time.''.

     SEC. 1094. RULEMAKING.

       (a) Interim Final Rules.--The Attorney General--
       (1) shall, not later than 1 year after the date of 
     enactment of this Act, issue rules to implement this subtitle 
     and the amendments made by this subtitle; and
       (2) may issue the rules under paragraph (1) as interim 
     final rules.
       (b) Procedure for Final Rule.--
       (1) Effectiveness of interim final rules.--A rule issued by 
     the Attorney General as an interim final rule under 
     subsection (a) shall become immediately effective as an 
     interim final rule without requiring the Attorney General to 
     demonstrate good cause therefor, notwithstanding subparagraph 
     (B) of section 553(b) of title 5, United States Code.
       (2) Opportunity for comment and hearing.--An interim final 
     rule issued under subsection (a) shall give interested 
     persons the opportunity to comment and to request a hearing.
       (3) Final rule.--After the conclusion of such proceedings, 
     the Attorney General shall issue a final rule to implement 
     this subtitle and the amendments made by this subtitle in 
     accordance with section 553 of title 5, United States Code.
                                 ______
                                 
  SA 697. 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, insert the following:

     SEC.__. EXTENSION OF PRIORITY REVIEW TO ENCOURAGE TREATMENTS 
                   FOR AGENTS THAT PRESENT NATIONAL SECURITY 
                   THREATS.

       Section 565A(g) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360bbb-4a(g)) is amended by striking ``2023'' and 
     inserting ``2033''
                                 ______
                                 
  SA 698. Mr. CORNYN (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 end of subtitle G of title X, add the following:

     SEC. 1083. REPORT ON AVAILABILITY OF GOODS AND TECHNOLOGIES 
                   RELATED TO UNDERSEA CABLES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for 3 
     years, the President, acting through the Secretary of 
     Commerce and with the concurrence of the Secretary of State, 
     shall submit to the appropriate congressional committees a 
     report on the availability of goods and technologies capable 
     of supporting undersea cables.
       (b) Matters To Be Included.--The report required under 
     subsection (a) shall include the following:
       (1) An identification of goods and technologies capable of 
     supporting the construction, maintenance, or operation of an 
     undersea cable project.
       (2) An identification of United States and multilateral 
     export controls and licensing policies for goods and 
     technologies identified pursuant to paragraph (1) with 
     respect to foreign adversaries.
       (3) An identification of allies and partners of the United 
     States that have a share of the global market with respect to 
     the goods and technologies so identified, including a 
     detailed description of the availability of those goods and 
     technologies without restriction in sufficient quantities and 
     comparable in quality to those produced in the United States.
       (4) A description of ongoing negotiations with other 
     countries to achieve unified export controls and licensing 
     policies for goods and technologies so identified.
       (5) An identification of all entities under the control, 
     ownership, or influence of a foreign adversary that support 
     the construction, operation, or maintenance of undersea 
     cables.
       (6) A description of efforts taken to promote United States 
     leadership at international standards-setting bodies for 
     equipment, systems, software, and virtually defined networks 
     relevant to undersea cables, taking into account the 
     different processes followed by those bodies.
       (7) A description of the presence and activities of foreign 
     adversaries at international standards-setting bodies 
     relevant to undersea cables, including information on the 
     differences in the scope and scale of the engagement of 
     foreign adversaries at those bodies compared to engagement at 
     those bodies by the United States and allies and partners of 
     the United States, and the security risks raised by the 
     proposals of foreign adversaries at those bodies.
       (c) Form.--Each report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

[[Page S2803]]

       (d) Definitions.--In this section:
       (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 of the House of 
     Representatives.
       (2) Foreign adversary.--The term ``foreign adversary''--
       (A) has the meaning given that term in section 8(c) of the 
     Secure and Trusted Communications Networks Act of 2019 (47 
     U.S.C. 1607(c)); and
       (B) includes the People's Republic of China.
                                 ______
                                 
  SA 699. Ms. MURKOWSKI (for herself, Mr. Warner, Mr. Van Hollen, Mr. 
Kaine, Mr. Cardin, Mr. Sullivan, Mr. Cassidy, and Mr. Kennedy) 
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__. EXEMPTION OF ALIENS WORKING AS FISH PROCESSORS 
                   FROM THE NUMERICAL LIMITATION ON H-2B 
                   NONIMMIGRANT VISAS.

       (a) In General.--Section 214(g)(10) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
       (1) by striking ``the numerical limitations of paragraph 
     (1)(B)'' and inserting ``(A) The numerical limitation under 
     paragraph (1)(B)''; and
       (2) by adding at the end the following:
       ``(B)(i) The numerical limitation under paragraph (1)(B) 
     shall not apply to any nonimmigrant alien issued a visa or 
     otherwise provided status under section 101(a)(15)(H)(ii)(b) 
     who is employed (or has received an offer of employment)--
       ``(I) as a fish roe processor, a fish roe technician, or a 
     supervisor of fish roe processing; or
       ``(II) as a fish processor.
       ``(ii) As used in clause (i)--
       ``(I) the term `fish' means fresh or saltwater finfish, 
     mollusks, crustaceans, and all other forms of aquatic animal 
     life, including the roe of such animals, other than marine 
     mammals and birds; and
       ``(II) the term `processor'--
       ``(aa) means any person engaged in the processing of fish, 
     including handling, storing, preparing, heading, 
     eviscerating, shucking, freezing, changing into different 
     market forms, manufacturing, preserving, packing, labeling, 
     dockside unloading, holding, and all other processing 
     activities; and
       ``(bb) does not include any person engaged in--
       ``(AA) harvesting or transporting fish or fishery products 
     without otherwise engaging in processing;
       ``(BB) practices such as heading, eviscerating, or freezing 
     intended solely to prepare a fish for holding on board a 
     harvest vessel; or
       ``(CC) operating a retail establishment.''.
       (b) Repeal.--Section 14006 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) is repealed.
                                 ______
                                 
  SA 700. Mr. CARDIN 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. __. INCREASE IN GOVERNMENTWIDE GOALS FOR PROCUREMENT 
                   CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS.

       Section 15(g)(1)(A)(i) of the Small Business Act (15 U.S.C. 
     644(g)(1)(A)(i)) is amended by striking ``23 percent'' and 
     inserting ``25 percent''.
                                 ______
                                 
  SA 701. Mr. CARDIN 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 VIII, insert the 
     following:

     SEC. __. ADDITION OF ADMINISTRATOR OF THE SMALL BUSINESS 
                   ADMINISTRATION TO THE FEDERAL ACQUISITION 
                   REGULATORY COUNCIL.

       Section 1302(b)(1) of title 41, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``; and'' 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 new subparagraph:
       ``(E) the Administrator of the Small Business 
     Administration.''.
                                 ______
                                 
  SA 702. Mr. CARDIN 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 VIII, add the following:

     SEC. ___. STRIKING THE RULE OF TWO.

       (a) Women-owned Small Business Concerns.--Section 8(m) of 
     the Small Business Act (15 U.S.C. 637(m)) is amended--
       (1) in paragraph (7)(A), by striking ``and the contracting 
     officer'' and all that follows through ``offers''; and
       (2) in paragraph (8)(A), by striking ``and the contracting 
     officer'' and all that follows through ``offers''.
       (b) Small Business Concerns Generally.--Section 15(j)(1) of 
     the Small Business Act (15 U.S.C. 644(j)(1)) is amended by 
     striking ``unless the contracting officer'' and all that 
     follows through ``purchased''.
       (c) HUBZone Program.--Section 31(c)(2)(A)(i) of the Small 
     Business Act (15 U.S.C. 657a(c)(2)(A)(i)) is amended by 
     striking ``, and the contracting officer'' and all that 
     follows through ``offers for the contracting opportunity''.
       (d) Small Business Concern Owned and Controlled by Service-
     disabled Veterans.--Section 36(c)(1) of the Small Business 
     Act (15 U.S.C. 657f(c)(1)) is amended by striking ``and the 
     contracting officer'' and all that follows through ``offers 
     for the contracting opportunity''.
                                 ______
                                 
  SA 703. Mr. CARDIN 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. __. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN 
                   SMALL BUSINESS CONCERNS.

       (a) Socially and Economically Disadvantaged Small Business 
     Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business 
     Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
       (1) by inserting ``(or $22,000,000, in the case of a 
     Department of Defense contract)'' after ``$7,000,000''; and
       (2) by inserting ``(or $15,000,000, in the case of a 
     Department of Defense contract)'' after ``$3,000,000''.
       (b) Certain Small Business Concerns Owned and Controlled by 
     Women.--Section 8(m) of the Small Business Act (15 
     U.S.C.637(m)) is amended--
       (1) in paragraph (7)(B)--
       (A) in clause (i), by inserting ``(or $22,000,000, in the 
     case of a Department of Defense contract)'' after 
     ``$7,000,000''; and
       (B) in clause (ii), by inserting ``(or $15,000,000, in the 
     case of a Department of Defense contract)'' after 
     ``$4,000,000''; and
       (2) in paragraph (8)(B)--
       (A) in clause (i), by inserting ``(or $22,000,000, in the 
     case of a Department of Defense contract)'' after 
     ``$7,000,000''; and
       (B) in clause (ii), by inserting ``(or $15,000,000, in the 
     case of a Department of Defense contract)'' after 
     ``$4,000,000''.
       (c) Qualified Hubzone Small Business Concerns.--Section 
     31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 
     657a(c)(2)(A)(ii)) is amended--
       (1) in subclause (I), by inserting ``(or $22,000,000, in 
     the case of a Department of Defense contract)'' after 
     ``$7,000,000''; and
       (2) in subclause (II), by inserting ``(or $15,000,000, in 
     the case of a Department of Defense contract)'' after 
     ``$3,000,000''.
       (d) Small Business Concerns Owned and Controlled by 
     Service-disabled Veterans.--Section 36(c)(2) of the Small 
     Business Act (15 U.S.C. 657f(c)(2)) is amended--
       (1) in subparagraph (A), by inserting ``(or $22,000,000, in 
     the case of a Department of Defense contract)'' after 
     ``$7,000,000''; and
       (2) in subparagraph (B), by inserting ``(or $15,000,000, in 
     the case of a Department of Defense contract)'' after 
     ``$3,000,000''.
       (e) Certain Veteran-owned Concerns.--Section 8127(c)(2) of 
     title 38, United States Code, is amended by striking 
     ``$5,000,000'' and inserting ``the dollar thresholds under 
     section 36(c)(2) of the Small Business Act (15 U.S.C. 
     657f(c)(2))''.
                                 ______
                                 
  SA 704. Mr. CARDIN 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 S2804]]

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

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES 
                   CENTER.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 324. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES 
                   CENTER.

       ``(a) In General.--The Secretary, acting through the Under 
     Secretary for Science and Technology, shall designate the 
     laboratory described in subsection (b) as an additional 
     laboratory pursuant to the authority under section 308(c)(2), 
     which shall be the lead Federal facility dedicated to 
     defending the United States against biological threats by--
       ``(1) understanding the risks posed by intentional, 
     accidental, and natural biological events; and
       ``(2) providing the operational capabilities to support the 
     investigation, prosecution, and prevention of biocrimes and 
     bioterrorism.
       ``(b) Laboratory Described.--The laboratory described in 
     this subsection may be a federally funded research and 
     development center--
       ``(1) known, as of the date of enactment of this section, 
     as the National Biodefense Analysis and Countermeasures 
     Center;
       ``(2) that may include--
       ``(A) the National Bioforensic Analysis Center, which 
     conducts technical analyses in support of Federal law 
     enforcement investigations; and
       ``(B) the National Biological Threat Characterization 
     Center, which conducts experiments and studies to better 
     understand biological vulnerabilities and hazards; and
       ``(3) transferred to the Department pursuant to 
     subparagraphs (A), (D), and (F) of section 303(1) and section 
     303(2).
       ``(c) Laboratory Activities.--The National Biodefense 
     Analysis and Countermeasures Center shall--
       ``(1) conduct studies and experiments to better understand 
     current and future biological threats and hazards and 
     pandemics;
       ``(2) provide the scientific data required to assess 
     vulnerabilities, conduct risk assessments, and determine 
     potential impacts to guide the development of 
     countermeasures;
       ``(3) conduct and facilitate the technical forensic 
     analysis and interpretation of materials recovered following 
     a biological attack, or in other law enforcement 
     investigations requiring evaluation of biological materials, 
     in support of the appropriate lead Federal agency;
       ``(4) coordinate with other national laboratories to 
     enhance research capabilities, share lessons learned, and 
     provide training more efficiently;
       ``(5) collaborate with the Homeland Security Enterprise, as 
     defined in section 2200, to plan and conduct research to 
     address gaps and needs in biodefense; and
       ``(6) carry out other such activities as the Secretary 
     determines appropriate.
       ``(d) Work for Others.--The National Biodefense Analysis 
     and Countermeasures Center shall engage in a continuously 
     operating Work for Others program to make the unique 
     biocontainment and bioforensic capabilities of the National 
     Biodefense Analysis and Countermeasures Center available to 
     other Federal agencies.
       ``(e) Facility Repair and Routine Equipment Replacement.--
     The National Biodefense Analysis and Countermeasures Center 
     shall--
       ``(1) perform regularly scheduled and required maintenance 
     of laboratory infrastructure; and
       ``(2) procure mission-critical equipment and capability 
     upgrades.
       ``(f) Facility Mission Needs Assessment.--
       ``(1) In general.--To address capacity concerns and 
     accommodate future mission needs and advanced capabilities, 
     the Under Secretary for Science and Technology shall conduct 
     a mission needs assessment, to include scoping for potential 
     future needs or expansion, of the National Biodefense 
     Analysis and Countermeasures Center.
       ``(2) Submission.--Not later than 120 days after the date 
     of enactment of this section, the Under Secretary for Science 
     and Technology shall provide the assessment conducted under 
     paragraph (1) to--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs and the Subcommittee on Homeland Security 
     Appropriations of the Committee on Appropriations of the 
     Senate; and
       ``(B) the Committee on Homeland Security and the 
     Subcommittee on Homeland Security Appropriations of the 
     Committee on Appropriations of the House of Representatives.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to support 
     the activities of the laboratory designated under this 
     section.
       ``(h) Rule of Construction.--Nothing in this section may be 
     construed as affecting in any manner the authorities or 
     responsibilities of the Countering Weapons of Mass 
     Destruction Office of the Department.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 323 the following:

``Sec. 324. National Biodefense Analysis and Countermeasures Center.''.
                                 ______
                                 
  SA 705. Mr. CARDIN (for himself and 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 end of title XII, add the following:

                Subtitle H--Combating Global Corruption

     SEC. 1299O. SHORT TITLE.

       This subtitle may be cited as the ``Combating Global 
     Corruption Act''.

     SEC. 1299P. DEFINITIONS.

       In this subtitle:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.
       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.

     SEC. 1299Q. PUBLICATION OF TIERED RANKING LIST.

       (a) In General.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (b) Tier 1 Countries.--A country shall be ranked as a tier 
     1 country in the ranking published under subsection (a) if 
     the government of such country is complying with the minimum 
     standards set forth in section 1299R.
       (c) Tier 2 Countries.--A country shall be ranked as a tier 
     2 country in the ranking published under subsection (a) if 
     the government of such country is making efforts to comply 
     with the minimum standards set forth in section 1299R, but is 
     not achieving the requisite level of compliance to be ranked 
     as a tier 1 country.
       (d) Tier 3 Countries.--A country shall be ranked as a tier 
     3 country in the ranking published under subsection (a) if 
     the government of such country is making de minimis or no 
     efforts to comply with the minimum standards set forth in 
     section 1299R.

     SEC. 1299R. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
                   CORRUPTION.

       (a) In General.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (1) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (2) enforces the laws described in paragraph (1) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (3) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (4) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (b) Factors for Assessing Government Efforts To Combat 
     Corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (1) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (2) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (3) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (4) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;

[[Page S2805]]

       (5) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (6) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (7) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (8) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (9) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (10) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (11) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (12) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (13) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (c) Assessing Government Efforts to Combat Corruption in 
     Relation to Relevant International Commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (1) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (2) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (3) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (4) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (5) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.

     SEC. 1299S. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY 
                   HUMAN RIGHTS ACCOUNTABILITY ACT.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (1) in all countries identified as tier 3 countries under 
     section 1299Q(d); or
       (2) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (b) Report Required.--Not later than 180 days after 
     publishing the list required by section 1299Q(a) and annually 
     thereafter, the Secretary of State shall submit to the 
     committees specified in subsection (e) a report that 
     includes--
       (1) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     subsection (a);
       (2) the dates on which such sanctions were imposed;
       (3) the reasons for imposing such sanctions; and
       (4) a list of all foreign persons that have been engaged in 
     significant corruption in relation to the planning, 
     construction, or operation of the Nord Stream 2 pipeline.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Briefing in Lieu of Report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by subsection (b)(4)) 
     provide a briefing to the committees specified in subsection 
     (e) instead of submitting a written report required under 
     subsection (b), if doing so would better serve existing 
     United States anti-corruption efforts or the national 
     interests of the Untied States.
       (e) Termination of Requirements Relating to Nord Stream 
     2.--The requirements under subsections (a)(2) and (b)(4) 
     shall terminate on the date that is 5 years after the date of 
     the enactment of this Act.
       (f) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 1299T. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) In General.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under section 1299Q, or which the Secretary 
     otherwise determines is in need of such a point of contact. 
     The point of contact shall be the chief of mission or the 
     chief of mission's designee.
       (b) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (1) promote good governance in foreign countries; and
       (2) enhance the ability of such countries--
       (A) to combat public corruption; and
       (B) to develop and implement corruption risk assessment 
     tools and mitigation strategies.
       (c) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under subsection (a).
                                 ______
                                 
  SA 706. Mr. PETERS (for himself and Mr. Lankford) 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, the following:

  DIVISION F--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

            TITLE LX--FEDERAL DATA AND INFORMATION SECURITY

   Subtitle A--Federal Information Security Modernization Act of 2023

     SECTION 6001. SHORT TITLE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Federal Information Security Modernization Act of 2023''.

     SEC. 6002. DEFINITIONS.

       In this subtitle, unless otherwise specified:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (3) Awardee.--The term ``awardee'' has the meaning given 
     the term in section 3591 of title 44, United States Code, as 
     added by this subtitle.
       (4) Contractor.--The term ``contractor'' has the meaning 
     given the term in section 3591 of title 44, United States 
     Code, as added by this subtitle.
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (6) Federal information system.--The term ``Federal 
     information system'' has the meaning give the term in section 
     3591 of title 44, United States Code, as added by this 
     subtitle.
       (7) Incident.--The term ``incident'' has the meaning given 
     the term in section 3552(b) of title 44, United States Code.
       (8) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552(b) of 
     title 44, United States Code.
       (9) Penetration test.--The term ``penetration test'' has 
     the meaning given the term in section 3552(b) of title 44, 
     United States Code, as amended by this subtitle.
       (10) Threat hunting.--The term ``threat hunting'' means 
     proactively and iteratively searching systems for threats and 
     vulnerabilities, including threats or vulnerabilities that 
     may evade detection by automated threat detection systems.
       (11) Zero trust architecture.--The term ``zero trust 
     architecture'' has the meaning given the term in Special 
     Publication 800-207 of the National Institute of Standards 
     and Technology, or any successor document.

     SEC. 6003. AMENDMENTS TO TITLE 44.

       (a) Subchapter I Amendments.--Subchapter I of chapter 35 of 
     title 44, United States Code, is amended--
       (1) in section 3504--
       (A) in subsection (a)(1)(B)--
       (i) by striking clause (v) and inserting the following:
       ``(v) privacy, confidentiality, disclosure, and sharing of 
     information;'';
       (ii) by redesignating clause (vi) as clause (vii); and

[[Page S2806]]

       (iii) by inserting after clause (v) the following:
       ``(vi) in consultation with the National Cyber Director, 
     security of information; and''; and
       (B) in subsection (g)--
       (i) by redesignating paragraph (2) as paragraph (3); and
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) develop and oversee the implementation of policies, 
     principles, standards, and guidelines on privacy, 
     confidentiality, disclosure, and sharing of information 
     collected or maintained by or for agencies;
       ``(2) in consultation with the National Cyber Director, 
     oversee the implementation of policies, principles, 
     standards, and guidelines on security, of information 
     collected or maintained by or for agencies; and'';
       (2) in section 3505--
       (A) by striking the first subsection designated as 
     subsection (c);
       (B) in paragraph (2) of the second subsection designated as 
     subsection (c), by inserting ``an identification of internet 
     accessible information systems and'' after ``an inventory 
     under this subsection shall include'';
       (C) in paragraph (3) of the second subsection designated as 
     subsection (c)--
       (i) in subparagraph (B)--

       (I) by inserting ``the Director of the Cybersecurity and 
     Infrastructure Security Agency, the National Cyber Director, 
     and'' before ``the Comptroller General''; and
       (II) by striking ``and'' at the end;

       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) maintained on a continual basis through the use of 
     automation, machine-readable data, and scanning, wherever 
     practicable.'';
       (3) in section 3506--
       (A) in subsection (a)(3), by inserting ``In carrying out 
     these duties, the Chief Information Officer shall consult, as 
     appropriate, with the Chief Data Officer in accordance with 
     the designated functions under section 3520(c).'' after 
     ``reduction of information collection burdens on the 
     public.'';
       (B) in subsection (b)(1)(C), by inserting ``availability,'' 
     after ``integrity,'';
       (C) in subsection (h)(3), by inserting ``security,'' after 
     ``efficiency,''; and
       (D) by adding at the end the following:
       ``(j)(1) Nothwithstanding paragraphs (2) and (3) of 
     subsection (a), the head of each agency shall designate a 
     Chief Privacy Officer with the necessary skills, knowledge, 
     and expertise, who shall have the authority and 
     responsibility to--
       ``(A) lead the privacy program of the agency; and
       ``(B) carry out the privacy responsibilities of the agency 
     under this chapter, section 552a of title 5, and guidance 
     issued by the Director.
       ``(2) The Chief Privacy Officer of each agency shall--
       ``(A) serve in a central leadership position within the 
     agency;
       ``(B) have visibility into relevant agency operations; and
       ``(C) be positioned highly enough within the agency to 
     regularly engage with other agency leaders and officials, 
     including the head of the agency.
       ``(3) A privacy officer of an agency established under a 
     statute enacted before the date of enactment of the Federal 
     Information Security Modernization Act of 2023 may carry out 
     the responsibilities under this subsection for the agency.''; 
     and
       (4) in section 3513--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) Each agency providing a written plan under subsection 
     (b) shall provide any portion of the written plan addressing 
     information security to the Secretary of Homeland Security 
     and the National Cyber Director.''.
       (b) Subchapter II Definitions.--
       (1) In general.--Section 3552(b) of title 44, United States 
     Code, is amended--
       (A) by redesignating paragraphs (2), (3), (4), (5), (6), 
     and (7) as paragraphs (3), (4), (5), (6), (8), and (10), 
     respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) The term `high value asset' means information or an 
     information system that the head of an agency, using 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a), determines to be so critical 
     to the agency that the loss or degradation of the 
     confidentiality, integrity, or availability of such 
     information or information system would have a serious impact 
     on the ability of the agency to perform the mission of the 
     agency or conduct business.'';
       (C) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) The term `major incident' has the meaning given the 
     term in guidance issued by the Director under section 
     3598(a).'';
       (D) in paragraph (8)(A), as so redesignated, by striking 
     ``used'' and inserting ``owned, managed,'';
       (E) by inserting after paragraph (8), as so redesignated, 
     the following:
       ``(9) The term `penetration test'--
       ``(A) means an authorized assessment that emulates attempts 
     to gain unauthorized access to, or disrupt the operations of, 
     an information system or component of an information system; 
     and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a).''; and
       (F) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) The term `shared service' means a centralized 
     mission capability or consolidated business function that is 
     provided to multiple organizations within an agency or to 
     multiple agencies.
       ``(12) The term `zero trust architecture' has the meaning 
     given the term in Special Publication 800-207 of the National 
     Institute of Standards and Technology, or any successor 
     document.''.
       (2) Conforming amendments.--
       (A) Homeland security act of 2002.--Section 1001(c)(1)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) 
     is amended by striking ``section 3552(b)(5)'' and inserting 
     ``section 3552(b)''.
       (B) Title 10.--
       (i) Section 2222.--Section 2222(i)(8) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)(A)'' 
     and inserting ``section 3552(b)(8)(A)''.
       (ii) Section 2223.--Section 2223(c)(3) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iii) Section 2315.--Section 2315 of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iv) Section 2339a.--Section 2339a(e)(5) of title 10, 
     United States Code, is amended by striking ``section 
     3552(b)(6)'' and inserting ``section 3552(b)''.
       (C) High-performance computing act of 1991.--Section 207(a) 
     of the High-Performance Computing Act of 1991 (15 U.S.C. 
     5527(a)) is amended by striking ``section 3552(b)(6)(A)(i)'' 
     and inserting ``section 3552(b)(8)(A)(i)''.
       (D) Internet of things cybersecurity improvement act of 
     2020.--Section 3(5) of the Internet of Things Cybersecurity 
     Improvement Act of 2020 (15 U.S.C. 278g-3a(5)) is amended by 
     striking ``section 3552(b)(6)'' and inserting ``section 
     3552(b)''.
       (E) National defense authorization act for fiscal year 
     2013.--Section 933(e)(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) 
     is amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552(b)''.
       (F) Ike skelton national defense authorization act for 
     fiscal year 2011.--The Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383) 
     is amended--
       (i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking 
     ``section 3542(b)'' and inserting ``section 3552(b)'';
       (ii) in section 931(b)(3) (10 U.S.C. 2223 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''; and
       (iii) in section 932(b)(2) (10 U.S.C. 2224 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (G) E-government act of 2002.--Section 301(c)(1)(A) of the 
     E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (H) National institute of standards and technology act.--
     Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3552(b)(5)'' and inserting ``section 3552(b)''; and
       (ii) in subsection (f)--

       (I) in paragraph (3), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)''; and
       (II) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)''.

       (c) Subchapter II Amendments.--Subchapter II of chapter 35 
     of title 44, United States Code, is amended--
       (1) in section 3551--
       (A) in paragraph (4), by striking ``diagnose and improve'' 
     and inserting ``integrate, deliver, diagnose, and improve'';
       (B) in paragraph (5), by striking ``and'' at the end;
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(7) recognize that each agency has specific mission 
     requirements and, at times, unique cybersecurity requirements 
     to meet the mission of the agency;
       ``(8) recognize that each agency does not have the same 
     resources to secure agency systems, and an agency should not 
     be expected to have the capability to secure the systems of 
     the agency from advanced adversaries alone; and
       ``(9) recognize that a holistic Federal cybersecurity model 
     is necessary to account for differences between the missions 
     and capabilities of agencies.'';
       (2) in section 3553--
       (A) in subsection (a)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) promoting, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     National Cyber Director, and the Director of the National 
     Institute of Standards and Technology--
       ``(A) the use of automation to improve Federal 
     cybersecurity and visibility with respect to the 
     implementation of Federal cybersecurity; and
       ``(B) the use of presumption of compromise and least 
     privilege principles, such as zero trust architecture, to 
     improve resiliency and

[[Page S2807]]

     timely response actions to incidents on Federal systems.'';
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``and the National Cyber Director'' after ``Director'';
       (ii) in paragraph (2)(A), by inserting ``and reporting 
     requirements under subchapter IV of this chapter'' after 
     ``section 3556'';
       (iii) by redesignating paragraphs (8) and (9) as paragraphs 
     (10) and (11), respectively; and
       (iv) by inserting after paragraph (7) the following:
       ``(8) expeditiously seeking opportunities to reduce costs, 
     administrative burdens, and other barriers to information 
     technology security and modernization for agencies, including 
     through shared services for cybersecurity capabilities 
     identified as appropriate by the Director, in coordination 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency and other agencies as appropriate;'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``each year'' and inserting ``each year 
     during which agencies are required to submit reports under 
     section 3554(c)'';
       (II) by inserting ``, which shall be unclassified but may 
     include 1 or more annexes that contain classified or other 
     sensitive information, as appropriate'' after ``a report''; 
     and
       (III) by striking ``preceding year'' and inserting 
     ``preceding 2 years'';

       (ii) by striking paragraph (1);
       (iii) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (1), (2), and (3), respectively;
       (iv) in paragraph (3), as so redesignated, by striking 
     ``and'' at the end; and
       (v) by inserting after paragraph (3), as so redesignated, 
     the following:
       ``(4) a summary of the risks and trends identified in the 
     Federal risk assessment required under subsection (i); and'';
       (D) in subsection (h)--
       (i) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``and the National 
     Cyber Director'' after ``in coordination with the Director''; 
     and
       (II) in subparagraph (D), by inserting ``, the National 
     Cyber Director,'' after ``notify the Director''; and

       (ii) in paragraph (3)(A)(iv), by inserting ``, the National 
     Cyber Director,'' after ``the Secretary provides prior notice 
     to the Director'';
       (E) by amending subsection (i) to read as follows:
       ``(i) Federal Risk Assessment.--On an ongoing and 
     continuous basis, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall assess the Federal risk 
     posture using any available information on the cybersecurity 
     posture of agencies, and brief the Director and National 
     Cyber Director on the findings of such assessment, 
     including--
       ``(1) the status of agency cybersecurity remedial actions 
     for high value assets described in section 3554(b)(7);
       ``(2) any vulnerability information relating to the systems 
     of an agency that is known by the agency;
       ``(3) analysis of incident information under section 3597;
       ``(4) evaluation of penetration testing performed under 
     section 3559A;
       ``(5) evaluation of vulnerability disclosure program 
     information under section 3559B;
       ``(6) evaluation of agency threat hunting results;
       ``(7) evaluation of Federal and non-Federal cyber threat 
     intelligence;
       ``(8) data on agency compliance with standards issued under 
     section 11331 of title 40;
       ``(9) agency system risk assessments required under section 
     3554(a)(1)(A);
       ``(10) relevant reports from inspectors general of agencies 
     and the Government Accountability Office; and
       ``(11) any other information the Director of the 
     Cybersecurity and Infrastructure Security Agency determines 
     relevant.''; and
       (F) by adding at the end the following:
       ``(m) Directives.--
       ``(1) Emergency directive updates.--If the Secretary issues 
     an emergency directive under this section, the Director of 
     the Cybersecurity and Infrastructure Security Agency shall 
     submit to the Director, the National Cyber Director, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives an update on the status of the implementation 
     of the emergency directive at agencies not later than 7 days 
     after the date on which the emergency directive requires an 
     agency to complete a requirement specified by the emergency 
     directive, and every 30 days thereafter until--
       ``(A) the date on which every agency has fully implemented 
     the emergency directive;
       ``(B) the Secretary determines that an emergency directive 
     no longer requires active reporting from agencies or 
     additional implementation; or
       ``(C) the date that is 1 year after the issuance of the 
     directive.
       ``(2) Binding operational directive updates.--If the 
     Secretary issues a binding operational directive under this 
     section, the Director of the Cybersecurity and Infrastructure 
     Security Agency shall submit to the Director, the National 
     Cyber Director, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committees on 
     Oversight and Accountability and Homeland Security of the 
     House of Representatives an update on the status of the 
     implementation of the binding operational directive at 
     agencies not later than 30 days after the issuance of the 
     binding operational directive, and every 90 days thereafter 
     until--
       ``(A) the date on which every agency has fully implemented 
     the binding operational directive;
       ``(B) the Secretary determines that a binding operational 
     directive no longer requires active reporting from agencies 
     or additional implementation; or
       ``(C) the date that is 1 year after the issuance or 
     substantive update of the directive.
       ``(3) Report.--If the Director of the Cybersecurity and 
     Infrastructure Security Agency ceases submitting updates 
     required under paragraphs (1) or (2) on the date described in 
     paragraph (1)(C) or (2)(C), the Director of the Cybersecurity 
     and Infrastructure Security Agency shall submit to the 
     Director, the National Cyber Director, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committees on Oversight and Accountability and Homeland 
     Security of the House of Representatives a list of every 
     agency that, at the time of the report--
       ``(A) has not completed a requirement specified by an 
     emergency directive; or
       ``(B) has not implemented a binding operational directive.
       ``(n) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Conduct of review.--Not less frequently than once 
     every 3 years, the Director of the Office of Management and 
     Budget shall review the efficacy of the guidance and policy 
     promulgated by the Director in reducing cybersecurity risks, 
     including a consideration of reporting and compliance burden 
     on agencies.
       ``(2) Congressional notification.--The Director of the 
     Office of Management and Budget shall notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives of changes to guidance or policy resulting 
     from the review under paragraph (1).
       ``(3) GAO review.--The Government Accountability Office 
     shall review guidance and policy promulgated by the Director 
     to assess its efficacy in risk reduction and burden on 
     agencies.
       ``(o) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard or guideline pursuant 
     to paragraphs (2) or (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)), the Director of the National Institute of Standards 
     and Technology shall consider developing and, if appropriate 
     and practical, develop specifications to enable the automated 
     verification of the implementation of the controls.
       ``(p) Inspectors General Access to Federal Risk 
     Assessments.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall, upon request, make 
     available Federal risk assessment information under 
     subsection (i) to the Inspector General of the Department of 
     Homeland Security and the inspector general of any agency 
     that was included in the Federal risk assessment.'';
       (3) in section 3554--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D), respectively;
       (II) by inserting before subparagraph (B), as so 
     redesignated, the following:

       ``(A) on an ongoing and continuous basis, assessing agency 
     system risk, as applicable, by--
       ``(i) identifying and documenting the high value assets of 
     the agency using guidance from the Director;
       ``(ii) evaluating the data assets inventoried under section 
     3511 for sensitivity to compromises in confidentiality, 
     integrity, and availability;
       ``(iii) identifying whether the agency is participating in 
     federally offered cybersecurity shared services programs;
       ``(iv) identifying agency systems that have access to or 
     hold the data assets inventoried under section 3511;
       ``(v) evaluating the threats facing agency systems and 
     data, including high value assets, based on Federal and non-
     Federal cyber threat intelligence products, where available;
       ``(vi) evaluating the vulnerability of agency systems and 
     data, including high value assets, including by analyzing--

       ``(I) the results of penetration testing performed by the 
     Department of Homeland Security under section 3553(b)(9);
       ``(II) the results of penetration testing performed under 
     section 3559A;
       ``(III) information provided to the agency through the 
     vulnerability disclosure program of the agency under section 
     3559B;
       ``(IV) incidents; and
       ``(V) any other vulnerability information relating to 
     agency systems that is known to the agency;

       ``(vii) assessing the impacts of potential agency incidents 
     to agency systems, data, and operations based on the 
     evaluations described in clauses (ii) and (v) and the agency 
     systems identified under clause (iv); and

[[Page S2808]]

       ``(viii) assessing the consequences of potential incidents 
     occurring on agency systems that would impact systems at 
     other agencies, including due to interconnectivity between 
     different agency systems or operational reliance on the 
     operations of the system or data in the system;'';

       (III) in subparagraph (B), as so redesignated, in the 
     matter preceding clause (i), by striking ``providing 
     information'' and inserting ``using information from the 
     assessment required under subparagraph (A), providing 
     information'';
       (IV) in subparagraph (C), as so redesignated--

       (aa) in clause (ii) by inserting ``binding'' before 
     ``operational''; and
       (bb) in clause (vi), by striking ``and'' at the end; and

       (V) by adding at the end the following:

       ``(E) providing an update on the ongoing and continuous 
     assessment required under subparagraph (A)--
       ``(i) upon request, to the inspector general of the agency 
     or the Comptroller General of the United States; and
       ``(ii) at intervals determined by guidance issued by the 
     Director, and to the extent appropriate and practicable using 
     automation, to--

       ``(I) the Director;
       ``(II) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(III) the National Cyber Director;'';

       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in accordance with 
     the agency system risk assessment required under paragraph 
     (1)(A)'' after ``information systems'';
       (II) in subparagraph (D), by inserting ``, through the use 
     of penetration testing, the vulnerability disclosure program 
     established under section 3559B, and other means,'' after 
     ``periodically'';

       (iii) in paragraph (3)(A)--

       (I) in the matter preceding clause (i), by striking 
     ``senior agency information security officer'' and inserting 
     ``Chief Information Security Officer'';
       (II) in clause (i), by striking ``this section'' and 
     inserting ``subsections (a) through (c)'';
       (III) in clause (ii), by striking ``training and'' and 
     inserting ``skills, training, and'';
       (IV) by redesignating clauses (iii) and (iv) as (iv) and 
     (v), respectively;
       (V) by inserting after clause (ii) the following:

       ``(iii) manage information security, cybersecurity budgets, 
     and risk and compliance activities and explain those concepts 
     to the head of the agency and the executive team of the 
     agency;''; and

       (VI) in clause (iv), as so redesignated, by striking 
     ``information security duties as that official's primary 
     duty'' and inserting ``information, computer network, and 
     technology security duties as the Chief Information Security 
     Officers' primary duty'';

       (iv) in paragraph (5), by striking ``annually'' and 
     inserting ``not less frequently than quarterly''; and
       (v) in paragraph (6), by striking ``official delegated'' 
     and inserting ``Chief Information Security Officer 
     delegated''; and
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) the ongoing and continuous assessment of agency 
     system risk required under subsection (a)(1)(A), which may 
     include using guidance and automated tools consistent with 
     standards and guidelines promulgated under section 11331 of 
     title 40, as applicable;'';
       (ii) in paragraph (2)--

       (I) by striking subparagraph (B);
       (II) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively;
       (III) in subparagraph (B), as so redesignated, by striking 
     ``and'' at the end; and
       (IV) in subparagraph (C), as so redesignated--

       (aa) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (bb) by inserting after clause (ii) the following:
       ``(iii) binding operational directives and emergency 
     directives issued by the Secretary under section 3553;''; and
       (cc) in clause (iv), as so redesignated, by striking ``as 
     determined by the agency; and'' and inserting ``as determined 
     by the agency, considering the agency risk assessment 
     required under subsection (a)(1)(A);
       (iii) in paragraph (5)(A), by inserting ``, including 
     penetration testing, as appropriate,'' after ``shall include 
     testing'';
       (iv) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (v) by inserting after paragraph (6) the following:
       ``(7) a secure process for providing the status of every 
     remedial action and unremediated identified system 
     vulnerability of a high value asset to the Director and the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, using automation and machine-readable data to the 
     greatest extent practicable;''; and
       (vi) in paragraph (8)(C), as so redesignated--

       (I) by striking clause (ii) and inserting the following:

       ``(ii) notifying and consulting with the Federal 
     information security incident center established under 
     section 3556 pursuant to the requirements of section 3594;'';

       (II) by redesignating clause (iii) as clause (iv);
       (III) by inserting after clause (ii) the following:

       ``(iii) performing the notifications and other activities 
     required under subchapter IV of this chapter; and''; and

       (IV) in clause (iv), as so redesignated--

       (aa) in subclause (II), by adding ``and'' at the end;
       (bb) by striking subclause (III); and
       (cc) by redesignating subclause (IV) as subclause (III); 
     and
       (C) in subsection (c)--
       (i) by redesignating paragraph (2) as paragraph (5);
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) Biennial report.--Not later than 2 years after the 
     date of enactment of the Federal Information Security 
     Modernization Act of 2023 and not less frequently than once 
     every 2 years thereafter, using the continuous and ongoing 
     agency system risk assessment required under subsection 
     (a)(1)(A), the head of each agency shall submit to the 
     Director, the National Cyber Director, the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     Comptroller General of the United States, the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Accountability of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the appropriate authorization and appropriations committees 
     of Congress a report that--
       ``(A) summarizes the agency system risk assessment required 
     under subsection (a)(1)(A);
       ``(B) evaluates the adequacy and effectiveness of 
     information security policies, procedures, and practices of 
     the agency to address the risks identified in the agency 
     system risk assessment required under subsection (a)(1)(A), 
     including an analysis of the agency's cybersecurity and 
     incident response capabilities using the metrics established 
     under section 224(c) of the Cybersecurity Act of 2015 (6 
     U.S.C. 1522(c)); and
       ``(C) summarizes the status of remedial actions identified 
     by inspector general of the agency, the Comptroller General 
     of the United States, and any other source determined 
     appropriate by the head of the agency.
       ``(2) Unclassified reports.--Each report submitted under 
     paragraph (1)--
       ``(A) shall be, to the greatest extent practicable, in an 
     unclassified and otherwise uncontrolled form; and
       ``(B) may include 1 or more annexes that contain classified 
     or other sensitive information, as appropriate.
       ``(3) Briefings.--During each year during which a report is 
     not required to be submitted under paragraph (1), the 
     Director shall provide to the congressional committees 
     described in paragraph (1) a briefing summarizing current 
     agency and Federal risk postures.''; and
       (iii) in paragraph (5), as so redesignated, by striking the 
     period at the end and inserting ``, including the reporting 
     procedures established under section 11315(d) of title 40 and 
     subsection (a)(3)(A)(v) of this section'';
       (4) in section 3555--
       (A) in the section heading, by striking ``annual 
     independent'' and inserting ``independent'';
       (B) in subsection (a)--
       (i) in paragraph (1), by inserting ``during which a report 
     is required to be submitted under section 3553(c),'' after 
     ``Each year'';
       (ii) in paragraph (2)(A), by inserting ``, including by 
     performing, or reviewing the results of, agency penetration 
     testing and analyzing the vulnerability disclosure program of 
     the agency'' after ``information systems''; and
       (iii) by adding at the end the following:
       ``(3) An evaluation under this section may include 
     recommendations for improving the cybersecurity posture of 
     the agency.'';
       (C) in subsection (b)(1), by striking ``annual'';
       (D) in subsection (e)(1), by inserting ``during which a 
     report is required to be submitted under section 3553(c)'' 
     after ``Each year'';
       (E) in subsection (g)(2)--
       (i) by striking ``this subsection shall'' and inserting 
     ``this subsection--
       ``(A) shall'';
       (ii) in subparagraph (A), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(B) identify any entity that performs an independent 
     evaluation under subsection (b).''; and
       (F) by striking subsection (j) and inserting the following:
       ``(j) Guidance.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the Chief Information Officers Council, the Council 
     of the Inspectors General on Integrity and Efficiency, and 
     other interested parties as appropriate, shall ensure the 
     development of risk-based guidance for evaluating the 
     effectiveness of an information security program and 
     practices.
       ``(2) Priorities.--The risk-based guidance developed under 
     paragraph (1) shall include--

[[Page S2809]]

       ``(A) the identification of the most common successful 
     threat patterns;
       ``(B) the identification of security controls that address 
     the threat patterns described in subparagraph (A);
       ``(C) any other security risks unique to Federal systems; 
     and
       ``(D) any other element the Director determines 
     appropriate.''; and
       (5) in section 3556(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``within the Cybersecurity and Infrastructure Security 
     Agency'' after ``incident center''; and
       (B) in paragraph (4), by striking ``3554(b)'' and inserting 
     ``3554(a)(1)(A)''.
       (d) Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by striking 
     the item relating to section 3555 and inserting the 
     following:

``3555. Independent evaluation.''.
       (2) OMB reports.--Section 226(c) of the Cybersecurity Act 
     of 2015 (6 U.S.C. 1524(c)) is amended--
       (A) in paragraph (1)(B), in the matter preceding clause 
     (i), by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i)--
       (i) by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (ii) by striking ``the report required under section 
     3553(c) of title 44, United States Code'' and inserting 
     ``that report''.
       (3) NIST responsibilities.--Section 20(d)(3)(B) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(d)(3)(B)) is amended by striking ``annual''.
       (e) Federal System Incident Response.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

       ``(a) In General.--Except as provided in subsection (b), 
     the definitions under sections 3502 and 3552 shall apply to 
     this subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) Appropriate reporting entities.--The term 
     `appropriate reporting entities' means--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(E) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(F) the Committee on Homeland Security of the House of 
     Representatives;
       ``(G) the Committee on Science, Space, and Technology of 
     the House of Representatives;
       ``(H) the appropriate authorization and appropriations 
     committees of Congress;
       ``(I) the Director;
       ``(J) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(K) the National Cyber Director;
       ``(L) the Comptroller General of the United States; and
       ``(M) the inspector general of any impacted agency.
       ``(2) Awardee.--The term `awardee', with respect to an 
     agency--
       ``(A) means--
       ``(i) the recipient of a grant from an agency;
       ``(ii) a party to a cooperative agreement with an agency; 
     and
       ``(iii) a party to an other transaction agreement with an 
     agency; and
       ``(B) includes a subawardee of an entity described in 
     subparagraph (A).
       ``(3) Breach.--The term `breach'--
       ``(A) means the compromise, unauthorized disclosure, 
     unauthorized acquisition, or loss of control of personally 
     identifiable information or any similar occurrence; and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director.
       ``(4) Contractor.--The term `contractor' means a prime 
     contractor of an agency or a subcontractor of a prime 
     contractor of an agency that creates, collects, stores, 
     processes, maintains, or transmits Federal information on 
     behalf of an agency.
       ``(5) Federal information.--The term `Federal information' 
     means information created, collected, processed, maintained, 
     disseminated, disclosed, or disposed of by or for the Federal 
     Government in any medium or form.
       ``(6) Federal information system.--The term `Federal 
     information system' means an information system owned, 
     managed, or operated by an agency, or on behalf of an agency 
     by a contractor, an awardee, or another organization.
       ``(7) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(8) Nationwide consumer reporting agency.--The term 
     `nationwide consumer reporting agency' means a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p)).
       ``(9) Vulnerability disclosure.--The term `vulnerability 
     disclosure' means a vulnerability identified under section 
     3559B.

     ``Sec. 3592. Notification of breach

       ``(a) Definition.--In this section, the term `covered 
     breach' means a breach--
       ``(1) involving not less than 50,000 potentially affected 
     individuals; or
       ``(2) the result of which the head of an agency determines 
     that notifying potentially affected individuals is necessary 
     pursuant to subsection (b)(1), regardless of whether--
       ``(A) the number of potentially affected individuals is 
     less than 50,000; or
       ``(B) the notification is delayed under subsection (d).
       ``(b) Notification.--As expeditiously as practicable and 
     without unreasonable delay, and in any case not later than 45 
     days after an agency has a reasonable basis to conclude that 
     a breach has occurred, the head of the agency, in 
     consultation with the Chief Information Officer and Chief 
     Privacy Officer of the agency, shall--
       ``(1) determine whether notice to any individual 
     potentially affected by the breach is appropriate, including 
     by conducting an assessment of the risk of harm to the 
     individual that considers--
       ``(A) the nature and sensitivity of the personally 
     identifiable information affected by the breach;
       ``(B) the likelihood of access to and use of the personally 
     identifiable information affected by the breach;
       ``(C) the type of breach; and
       ``(D) any other factors determined by the Director; and
       ``(2) if the head of the agency determines notification is 
     necessary pursuant to paragraph (1), provide written 
     notification in accordance with subsection (c) to each 
     individual potentially affected by the breach--
       ``(A) to the last known mailing address of the individual; 
     or
       ``(B) through an appropriate alternative method of 
     notification.
       ``(c) Contents of Notification.--Each notification of a 
     breach provided to an individual under subsection (b)(2) 
     shall include, to the maximum extent practicable--
       ``(1) a brief description of the breach;
       ``(2) if possible, a description of the types of personally 
     identifiable information affected by the breach;
       ``(3) contact information of the agency that may be used to 
     ask questions of the agency, which--
       ``(A) shall include an e-mail address or another digital 
     contact mechanism; and
       ``(B) may include a telephone number, mailing address, or a 
     website;
       ``(4) information on any remedy being offered by the 
     agency;
       ``(5) any applicable educational materials relating to what 
     individuals can do in response to a breach that potentially 
     affects their personally identifiable information, including 
     relevant contact information for the appropriate Federal law 
     enforcement agencies and each nationwide consumer reporting 
     agency; and
       ``(6) any other appropriate information, as determined by 
     the head of the agency or established in guidance by the 
     Director.
       ``(d) Delay of Notification.--
       ``(1) In general.--The head of an agency, in coordination 
     with the Director and the National Cyber Director, and as 
     appropriate, the Attorney General, the Director of National 
     Intelligence, or the Secretary of Homeland Security, may 
     delay a notification required under subsection (b) or (e) if 
     the notification would--
       ``(A) impede a criminal investigation or a national 
     security activity;
       ``(B) cause an adverse result (as described in section 
     2705(a)(2) of title 18);
       ``(C) reveal sensitive sources and methods;
       ``(D) cause damage to national security; or
       ``(E) hamper security remediation actions.
       ``(2) Renewal.--A delay under paragraph (1) shall be for a 
     period of 60 days and may be renewed.
       ``(3) National security systems.--The head of an agency 
     delaying notification under this subsection with respect to a 
     breach exclusively of a national security system shall 
     coordinate such delay with the Secretary of Defense.
       ``(e) Update Notification.--If an agency determines there 
     is a significant change in the reasonable basis to conclude 
     that a breach occurred, a significant change to the 
     determination made under subsection (b)(1), or that it is 
     necessary to update the details of the information provided 
     to potentially affected individuals as described in 
     subsection (c), the agency shall as expeditiously as 
     practicable and without unreasonable delay, and in any case 
     not later than 30 days after such a determination, notify 
     each individual who received a notification pursuant to 
     subsection (b) of those changes.
       ``(f) Delay of Notification Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2023, and annually thereafter, the head of an agency, 
     in coordination with any official who delays a notification 
     under subsection (d), shall submit to the appropriate 
     reporting entities a report on each delay that occurred 
     during the previous 2 years.
       ``(2) Component of other report.--The head of an agency may 
     submit the report required under paragraph (1) as a component 
     of the report submitted under section 3554(c).
       ``(g) Congressional Reporting Requirements.--

[[Page S2810]]

       ``(1) Review and update.--On a periodic basis, the Director 
     of the Office of Management and Budget shall review, and 
     update as appropriate, breach notification policies and 
     guidelines for agencies.
       ``(2) Required notice from agencies.--Subject to paragraph 
     (4), the Director of the Office of Management and Budget 
     shall require the head of an agency affected by a covered 
     breach to expeditiously and not later than 30 days after the 
     date on which the agency discovers the covered breach give 
     notice of the breach, which may be provided electronically, 
     to--
       ``(A) each congressional committee described in section 
     3554(c)(1); and
       ``(B) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       ``(3) Contents of notice.--Notice of a covered breach 
     provided by the head of an agency pursuant to paragraph (2) 
     shall include, to the extent practicable--
       ``(A) information about the covered breach, including a 
     summary of any information about how the covered breach 
     occurred known by the agency as of the date of the notice;
       ``(B) an estimate of the number of individuals affected by 
     covered the breach based on information known by the agency 
     as of the date of the notice, including an assessment of the 
     risk of harm to affected individuals;
       ``(C) a description of any circumstances necessitating a 
     delay in providing notice to individuals affected by the 
     covered breach in accordance with subsection (d); and
       ``(D) an estimate of when the agency will provide notice to 
     individuals affected by the covered breach, if applicable.
       ``(4) Exception.--Any agency that is required to provide 
     notice to Congress pursuant to paragraph (2) due to a covered 
     breach exclusively on a national security system shall only 
     provide such notice to--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the appropriations committees of Congress;
       ``(D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(E) the Select Committee on Intelligence of the Senate;
       ``(F) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(G) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(5) Rule of construction.--Nothing in paragraphs (1) 
     through (3) shall be construed to alter any authority of an 
     agency.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the authority of the Director to issue guidance 
     relating to notifications of, or the head of an agency to 
     notify individuals potentially affected by, breaches that are 
     not determined to be covered breaches or major incidents;
       ``(B) the authority of the Director to issue guidance 
     relating to notifications and reporting of breaches, covered 
     breaches, or major incidents;
       ``(C) the authority of the head of an agency to provide 
     more information than required under subsection (b) when 
     notifying individuals potentially affected by a breach;
       ``(D) the timing of incident reporting or the types of 
     information included in incident reports provided, pursuant 
     to this subchapter, to--
       ``(i) the Director;
       ``(ii) the National Cyber Director;
       ``(iii) the Director of the Cybersecurity and 
     Infrastructure Security Agency; or
       ``(iv) any other agency;
       ``(E) the authority of the head of an agency to provide 
     information to Congress about agency breaches, including--
       ``(i) breaches that are not covered breaches; and
       ``(ii) additional information beyond the information 
     described in subsection (g)(3); or
       ``(F) any Congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any existing privacy protections 
     in existing law.

     ``Sec. 3593. Congressional and Executive Branch reports on 
       major incidents

       ``(a) Appropriate Congressional Entities.--In this section, 
     the term `appropriate congressional entities' means--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(4) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(5) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(6) the Committee on Homeland Security of the House of 
     Representatives;
       ``(7) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       ``(8) the appropriate authorization and appropriations 
     committees of Congress
       ``(b) Initial Notification.--
       ``(1) In general.--Not later than 72 hours after an agency 
     has a reasonable basis to conclude that a major incident 
     occurred, the head of the agency impacted by the major 
     incident shall submit to the appropriate reporting entities a 
     written notification, which may be submitted electronically 
     and include 1 or more annexes that contain classified or 
     other sensitive information, as appropriate.
       ``(2) Contents.--A notification required under paragraph 
     (1) with respect to a major incident shall include the 
     following, based on information available to agency officials 
     as of the date on which the agency submits the notification:
       ``(A) A summary of the information available about the 
     major incident, including how the major incident occurred and 
     the threat causing the major incident.
       ``(B) If applicable, information relating to any breach 
     associated with the major incident, regardless of whether--
       ``(i) the breach was the reason the incident was determined 
     to be a major incident; and
       ``(ii) head of the agency determined it was appropriate to 
     provide notification to potentially impacted individuals 
     pursuant to section 3592(b)(1).
       ``(C) A preliminary assessment of the impacts to--
       ``(i) the agency;
       ``(ii) the Federal Government;
       ``(iii) the national security, foreign relations, homeland 
     security, and economic security of the United States; and
       ``(iv) the civil liberties, public confidence, privacy, and 
     public health and safety of the people of the United States.
       ``(D) If applicable, whether any ransom has been demanded 
     or paid, or is expected to be paid, by any entity operating a 
     Federal information system or with access to Federal 
     information or a Federal information system, including, as 
     available, the name of the entity demanding ransom, the date 
     of the demand, and the amount and type of currency demanded, 
     unless disclosure of such information will disrupt an active 
     Federal law enforcement or national security operation.
       ``(c) Supplemental Update.--Within a reasonable amount of 
     time, but not later than 30 days after the date on which the 
     head of an agency submits a written notification under 
     subsection (a), the head of the agency shall provide to the 
     appropriate congressional entities an unclassified and 
     written update, which may include 1 or more annexes that 
     contain classified or other sensitive information, as 
     appropriate, on the major incident, based on information 
     available to agency officials as of the date on which the 
     agency provides the update, on--
       ``(1) system vulnerabilities relating to the major 
     incident, where applicable, means by which the major incident 
     occurred, the threat causing the major incident, where 
     applicable, and impacts of the major incident to--
       ``(A) the agency;
       ``(B) other Federal agencies, Congress, or the judicial 
     branch;
       ``(C) the national security, foreign relations, homeland 
     security, or economic security of the United States; or
       ``(D) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(2) the status of compliance of the affected Federal 
     information system with applicable security requirements at 
     the time of the major incident;
       ``(3) if the major incident involved a breach, a 
     description of the affected information, an estimate of the 
     number of individuals potentially impacted, and any 
     assessment to the risk of harm to such individuals;
       ``(4) an update to the assessment of the risk to agency 
     operations, or to impacts on other agency or non-Federal 
     entity operations, affected by the major incident; and
       ``(5) the detection, response, and remediation actions of 
     the agency, including any support provided by the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(d), if applicable.
       ``(d) Additional Update.--If the head of an agency, the 
     Director, or the National Cyber Director determines that 
     there is any significant change in the understanding of the 
     scope, scale, or consequence of a major incident for which 
     the head of the agency submitted a written notification and 
     update under subsections (b) and (c), the head of the agency 
     shall submit to the appropriate congressional entities a 
     written update that includes information relating to the 
     change in understanding.
       ``(e) Biennial Report.--Each agency shall submit as part of 
     the biennial report required under section 3554(c)(1) a 
     description of each major incident that occurred during the 
     2-year period preceding the date on which the biennial report 
     is submitted.
       ``(f) Report Delivery.--
       ``(1) In general.--Any written notification or update 
     required to be submitted under this section--
       ``(A) shall be submitted in an electronic format; and
       ``(B) may be submitted in a paper format.
       ``(2) Classification status.--Any written notification or 
     update required to be submitted under this section--
       ``(A) shall be--
       ``(i) unclassified; and
       ``(ii) submitted through unclassified electronic means 
     pursuant to paragraph (1)(A); and
       ``(B) may include classified annexes, as appropriate.
       ``(g) Report Consistency.--To achieve consistent and 
     coherent agency reporting to Congress, the National Cyber 
     Director, in coordination with the Director, shall--
       ``(1) provide recommendations to agencies on formatting and 
     the contents of information to be included in the reports 
     required under this section, including recommendations for 
     consistent formats for presenting any associated metrics; and

[[Page S2811]]

       ``(2) maintain a comprehensive record of each major 
     incident notification, update, and briefing provided under 
     this section, which shall--
       ``(A) include, at a minimum--
       ``(i) the full contents of the written notification or 
     update;
       ``(ii) the identity of the reporting agency; and
       ``(iii) the date of submission; and
       ``(iv) a list of the recipient congressional entities; and
       ``(B) be made available upon request to the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Oversight and Accountability of the House of 
     Representatives.
       ``(h) National Security Systems Congressional Reporting 
     Exemption.--With respect to a major incident that occurs 
     exclusively on a national security system, the head of the 
     affected agency shall submit the notifications and reports 
     required to be submitted to Congress under this section only 
     to--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the appropriations committees of Congress;
       ``(4) the appropriate authorization committees of Congress;
       ``(5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(6) the Select Committee on Intelligence of the Senate;
       ``(7) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(8) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(i) Major Incidents Including Breaches.--If a major 
     incident constitutes a covered breach, as defined in section 
     3592(a), information on the covered breach required to be 
     submitted to Congress pursuant to section 3592(g) may--
       ``(1) be included in the notifications required under 
     subsection (b) or (c); or
       ``(2) be reported to Congress under the process established 
     under section 3592(g).
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the ability of an agency to provide additional 
     reports or briefings to Congress;
       ``(B) Congress from requesting additional information from 
     agencies through reports, briefings, or other means;
       ``(C) any congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any privacy protections under any 
     other law.

     ``Sec. 3594. Government information sharing and incident 
       response

       ``(a) In General.--
       ``(1) Incident sharing.--Subject to paragraph (4) and 
     subsection (b), and in accordance with the applicable 
     requirements pursuant to section 3553(b)(2)(A) for reporting 
     to the Federal information security incident center 
     established under section 3556, the head of each agency shall 
     provide to the Cybersecurity and Infrastructure Security 
     Agency information relating to any incident affecting the 
     agency, whether the information is obtained by the Federal 
     Government directly or indirectly.
       ``(2) Contents.--A provision of information relating to an 
     incident made by the head of an agency under paragraph (1) 
     shall include, at a minimum--
       ``(A) a full description of the incident, including--
       ``(i) all indicators of compromise and tactics, techniques, 
     and procedures;
       ``(ii) an indicator of how the intruder gained initial 
     access, accessed agency data or systems, and undertook 
     additional actions on the network of the agency; and
       ``(iii) information that would support enabling defensive 
     measures; and
       ``(iv) other information that may assist in identifying 
     other victims;
       ``(B) information to help prevent similar incidents, such 
     as information about relevant safeguards in place when the 
     incident occurred and the effectiveness of those safeguards; 
     and
       ``(C) information to aid in incident response, such as--
       ``(i) a description of the affected systems or networks;
       ``(ii) the estimated dates of when the incident occurred; 
     and
       ``(iii) information that could reasonably help identify any 
     malicious actor that may have conducted or caused the 
     incident, subject to appropriate privacy protections.
       ``(3) Information sharing.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(A) make incident information provided under paragraph 
     (1) available to the Director and the National Cyber 
     Director;
       ``(B) to the greatest extent practicable, share information 
     relating to an incident with--
       ``(i) the head of any agency that may be--

       ``(I) impacted by the incident;
       ``(II) particularly susceptible to the incident; or
       ``(III) similarly targeted by the incident; and

       ``(ii) appropriate Federal law enforcement agencies to 
     facilitate any necessary threat response activities, as 
     requested;
       ``(C) coordinate any necessary information sharing efforts 
     relating to a major incident with the private sector; and
       ``(D) notify the National Cyber Director of any efforts 
     described in subparagraph (C).
       ``(4) National security systems exemption.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (3), 
     each agency operating or exercising control of a national 
     security system shall share information about an incident 
     that occurs exclusively on a national security system with 
     the Secretary of Defense, the Director, the National Cyber 
     Director, and the Director of the Cybersecurity and 
     Infrastructure Security Agency to the extent consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President.
       ``(B) Protections.--Any information sharing and handling of 
     information under this paragraph shall be appropriately 
     protected consistent with procedures authorized for the 
     protection of sensitive sources and methods or by procedures 
     established for information that have been specifically 
     authorized under criteria established by an Executive order 
     or an Act of Congress to be kept classified in the interest 
     of national defense or foreign policy.
       ``(b) Automation.--In providing information and selecting a 
     method to provide information under subsection (a), the head 
     of each agency shall implement subsection (a)(1) in a manner 
     that provides such information to the Cybersecurity and 
     Infrastructure Security Agency in an automated and machine-
     readable format, to the greatest extent practicable.
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to suspect or conclude that a major incident occurred 
     involving Federal information in electronic medium or form 
     that does not exclusively involve a national security system 
     shall coordinate with--
       ``(1) the Cybersecurity and Infrastructure Security Agency 
     to facilitate asset response activities and provide 
     recommendations for mitigating future incidents; and
       ``(2) consistent with relevant policies, appropriate 
     Federal law enforcement agencies to facilitate threat 
     response activities.

     ``Sec. 3595. Responsibilities of contractors and awardees

       ``(a) Reporting.--
       ``(1) In general.--Any contractor or awardee of an agency 
     shall report to the agency if the contractor or awardee has a 
     reasonable basis to conclude that--
       ``(A) an incident or breach has occurred with respect to 
     Federal information the contractor or awardee collected, 
     used, or maintained on behalf of an agency;
       ``(B) an incident or breach has occurred with respect to a 
     Federal information system used, operated, managed, or 
     maintained on behalf of an agency by the contractor or 
     awardee;
       ``(C) a component of any Federal information system 
     operated, managed, or maintained by a contractor or awardee 
     contains a security vulnerability, including a supply chain 
     compromise or an identified software or hardware 
     vulnerability, for which there is reliable evidence of 
     attempted or successful exploitation of the vulnerability by 
     an actor without authorization of the Federal information 
     system owner; or
       ``(D) the contractor or awardee has received personally 
     identifiable information, personal health information, or 
     other clearly sensitive information that is beyond the scope 
     of the contract or agreement with the agency from the agency 
     that the contractor or awardee is not authorized to receive.
       ``(2) Third-party reports of vulnerabilities.--Subject to 
     the guidance issued by the Director pursuant to paragraph 
     (4), any contractor or awardee of an agency shall report to 
     the agency and the Cybersecurity and Infrastructure Security 
     Agency if the contractor or awardee has a reasonable basis to 
     suspect or conclude that a component of any Federal 
     information system operated, managed, or maintained on behalf 
     of an agency by the contractor or awardee on behalf of the 
     agency contains a security vulnerability, including a supply 
     chain compromise or an identified software or hardware 
     vulnerability, that has been reported to the contractor or 
     awardee by a third party, including through a vulnerability 
     disclosure program.
       ``(3) Procedures.--
       ``(A) Sharing with cisa.--As soon as practicable following 
     a report of an incident to an agency by a contractor or 
     awardee under paragraph (1), the head of the agency shall 
     provide, pursuant to section 3594, information about the 
     incident to the Director of the Cybersecurity and 
     Infrastructure Security Agency.
       ``(B) Time for reporting.--Unless a different time for 
     reporting is specified in a contract, grant, cooperative 
     agreement, or other transaction agreement, a contractor or 
     awardee shall--
       ``(i) make a report required under paragraph (1) not later 
     than 1 day after the date on which the contractor or awardee 
     has reasonable basis to suspect or conclude that the criteria 
     under paragraph (1) have been met; and
       ``(ii) make a report required under paragraph (2) within a 
     reasonable time, but not later than 90 days after the date on 
     which the contractor or awardee has reasonable basis to 
     suspect or conclude that the criteria under paragraph (2) 
     have been met.

[[Page S2812]]

       ``(C) Procedures.--Following a report of a breach or 
     incident to an agency by a contractor or awardee under 
     paragraph (1), the head of the agency, in consultation with 
     the contractor or awardee, shall carry out the applicable 
     requirements under sections 3592, 3593, and 3594 with respect 
     to the breach or incident.
       ``(D) Rule of construction.--Nothing in subparagraph (B) 
     shall be construed to allow the negation of the requirements 
     to report vulnerabilities under paragraph (1) or (2) through 
     a contract, grant, cooperative agreement, or other 
     transaction agreement.
       ``(4) Guidance.--The Director shall issue guidance to 
     agencies relating to the scope of vulnerabilities to be 
     reported under paragraph (2), such as the minimum severity of 
     a vulnerability required to be reported or whether 
     vulnerabilities that are already publicly disclosed must be 
     reported.
       ``(b) Regulations; Modifications.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2023--
       ``(A) the Federal Acquisition Regulatory Council shall 
     promulgate regulations, as appropriate, relating to the 
     responsibilities of contractors and recipients of other 
     transaction agreements and cooperative agreements to comply 
     with this section; and
       ``(B) the Office of Federal Financial Management shall 
     promulgate regulations under title 2, Code Federal 
     Regulations, as appropriate, relating to the responsibilities 
     of grantees to comply with this section.
       ``(2) Implementation.--Not later than 1 year after the date 
     on which the Federal Acquisition Regulatory Council and the 
     Office of Federal Financial Management promulgates 
     regulations under paragraph (1), the head of each agency 
     shall implement policies and procedures, as appropriate, 
     necessary to implement those regulations.
       ``(3) Congressional notification.--
       ``(A) In general.--The head of each agency head shall 
     notify the Director upon implementation of policies and 
     procedures necessary to implement the regulations promulgated 
     under paragraph (1).
       ``(B) OMB notification.-- Not later than 30 days after the 
     date described in paragraph (2), the Director shall notify 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives on the status of the implementation by each 
     agency of the regulations promulgated under paragraph (1).
       ``(c) National Security Systems Exemption.--Notwithstanding 
     any other provision of this section, a contractor or awardee 
     of an agency that would be required to report an incident or 
     vulnerability pursuant to this section that occurs 
     exclusively on a national security system shall--
       ``(1) report the incident or vulnerability to the head of 
     the agency and the Secretary of Defense; and
       ``(2) comply with applicable laws and policies relating to 
     national security systems.

     ``Sec. 3596. Training

       ``(a) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual who obtains 
     access to a Federal information system because of the status 
     of the individual as--
       ``(1) an employee, contractor, awardee, volunteer, or 
     intern of an agency; or
       ``(2) an employee of a contractor or awardee of an agency.
       ``(b) Best Practices and Consistency.--The Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director, 
     and the Director of the National Institute of Standards and 
     Technology, shall develop best practices to support 
     consistency across agencies in cybersecurity incident 
     response training, including--
       ``(1) information to be collected and shared with the 
     Cybersecurity and Infrastructure Security Agency pursuant to 
     section 3594(a) and processes for sharing such information; 
     and
       ``(2) appropriate training and qualifications for cyber 
     incident responders.
       ``(c) Agency Training.--The head of each agency shall 
     develop training for covered individuals on how to identify 
     and respond to an incident, including--
       ``(1) the internal process of the agency for reporting an 
     incident; and
       ``(2) the obligation of a covered individual to report to 
     the agency any suspected or confirmed incident involving 
     Federal information in any medium or form, including paper, 
     oral, and electronic.
       ``(d) Inclusion in Annual Training.--The training developed 
     under subsection (c) may be included as part of an annual 
     privacy, security awareness, or other appropriate training of 
     an agency.

     ``Sec. 3597. Analysis and report on Federal incidents

       ``(a) Analysis of Federal Incidents.--
       ``(1) Quantitative and qualitative analyses.--The Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     perform and, in coordination with the Director and the 
     National Cyber Director, develop, continuous monitoring and 
     quantitative and qualitative analyses of incidents at 
     agencies, including major incidents, including--
       ``(A) the causes of incidents, including--
       ``(i) attacker tactics, techniques, and procedures; and
       ``(ii) system vulnerabilities, including zero days, 
     unpatched systems, and information system misconfigurations;
       ``(B) the scope and scale of incidents at agencies;
       ``(C) common root causes of incidents across multiple 
     agencies;
       ``(D) agency incident response, recovery, and remediation 
     actions and the effectiveness of those actions, as 
     applicable;
       ``(E) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       ``(F) trends across multiple agencies to address intrusion 
     detection and incident response capabilities using the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(2) Automated analysis.--The analyses developed under 
     paragraph (1) shall, to the greatest extent practicable, use 
     machine readable data, automation, and machine learning 
     processes.
       ``(3) Sharing of data and analysis.--
       ``(A) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall share on an ongoing 
     basis the analyses and underlying data required under this 
     subsection with agencies, the Director, and the National 
     Cyber Director to--
       ``(i) improve the understanding of cybersecurity risk of 
     agencies; and
       ``(ii) support the cybersecurity improvement efforts of 
     agencies.
       ``(B) Format.--In carrying out subparagraph (A), the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency shall share the analyses--
       ``(i) in human-readable written products; and
       ``(ii) to the greatest extent practicable, in machine-
     readable formats in order to enable automated intake and use 
     by agencies.
       ``(C) Exemption.--This subsection shall not apply to 
     incidents that occur exclusively on national security 
     systems.
       ``(b) Annual Report on Federal Incidents.--Not later than 2 
     years after the date of enactment of this section, and not 
     less frequently than annually thereafter, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director 
     and the heads of other agencies, as appropriate, shall submit 
     to the appropriate reporting entities a report that 
     includes--
       ``(1) a summary of causes of incidents from across the 
     Federal Government that categorizes those incidents as 
     incidents or major incidents;
       ``(2) the quantitative and qualitative analyses of 
     incidents developed under subsection (a)(1) on an agency-by-
     agency basis and comprehensively across the Federal 
     Government, including--
       ``(A) a specific analysis of breaches; and
       ``(B) an analysis of the Federal Government's performance 
     against the metrics established under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
       ``(3) an annex for each agency that includes--
       ``(A) a description of each major incident;
       ``(B) the total number of incidents of the agency; and
       ``(C) an analysis of the agency's performance against the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(c) Publication.--
       ``(1) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall make a version of each 
     report submitted under subsection (b) publicly available on 
     the website of the Cybersecurity and Infrastructure Security 
     Agency during the year during which the report is submitted.
       ``(2) Exemption.--The publication requirement under 
     paragraph (1) shall not apply to a portion of a report that 
     contains content that should be protected in the interest of 
     national security, as determined by the Director, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, or the National Cyber Director.
       ``(3) Limitation on exemption.--The exemption under 
     paragraph (2) shall not apply to any version of a report 
     submitted to the appropriate reporting entities under 
     subsection (b).
       ``(4) Requirement for compiling information.--
       ``(A) Compilation.--Subject to subparagraph (B), in making 
     a report publicly available under paragraph (1), the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     sufficiently compile information so that no specific incident 
     of an agency can be identified.
       ``(B) Exception.--The Director of the Cybersecurity and 
     Infrastructure Security Agency may include information that 
     enables a specific incident of an agency to be identified in 
     a publicly available report--
       ``(i) with the concurrence of the Director and the National 
     Cyber Director;
       ``(ii) in consultation with the impacted agency; and
       ``(iii) in consultation with the inspector general of the 
     impacted agency.
       ``(d) Information Provided by Agencies.--
       ``(1) In general.--The analysis required under subsection 
     (a) and each report submitted under subsection (b) shall use 
     information provided by agencies under section 3594(a).
       ``(2) Noncompliance reports.--During any year during which 
     the head of an agency does not provide data for an incident 
     to the Cybersecurity and Infrastructure Security Agency in 
     accordance with section 3594(a), the head of the agency, in 
     coordination with

[[Page S2813]]

     the Director of the Cybersecurity and Infrastructure Security 
     Agency and the Director, shall submit to the appropriate 
     reporting entities a report that includes the information 
     described in subsection (b) with respect to the agency.
       ``(e) National Security System Reports.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the Secretary of Defense, in consultation with 
     the Director, the National Cyber Director, the Director of 
     National Intelligence, and the Director of Cybersecurity and 
     Infrastructure Security shall annually submit a report that 
     includes the information described in subsection (b) with 
     respect to national security systems, to the extent that the 
     submission is consistent with standards and guidelines for 
     national security systems issued in accordance with law and 
     as directed by the President, to--
       ``(A) the majority and minority leaders of the Senate,
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Select Committee on Intelligence of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Appropriations of the Senate;
       ``(G) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(J) the Committee on Armed Services of the House of 
     Representatives; and
       ``(K) the Committee on Appropriations of the House of 
     Representatives.
       ``(2) Classified form.--A report required under paragraph 
     (1) may be submitted in a classified form.

     ``Sec. 3598. Major incident definition

       ``(a) In General.--Not later than 1 year after the later of 
     the date of enactment of the Federal Information Security 
     Modernization Act of 2023 and the most recent publication by 
     the Director of guidance to agencies regarding major 
     incidents as of the date of enactment of the Federal 
     Information Security Modernization Act of 2023, the Director 
     shall develop, in coordination with the National Cyber 
     Director, and promulgate guidance on the definition of the 
     term `major incident' for the purposes of subchapter II and 
     this subchapter.
       ``(b) Requirements.--With respect to the guidance issued 
     under subsection (a), the definition of the term `major 
     incident' shall--
       ``(1) include, with respect to any information collected or 
     maintained by or on behalf of an agency or a Federal 
     information system--
       ``(A) any incident the head of the agency determines is 
     likely to result in demonstrable harm to--
       ``(i) the national security interests, foreign relations, 
     homeland security, or economic security of the United States; 
     or
       ``(ii) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(B) any incident the head of the agency determines likely 
     to result in an inability or substantial disruption for the 
     agency, a component of the agency, or the Federal Government, 
     to provide 1 or more critical services;
       ``(C) any incident the head of the agency determines 
     substantially disrupts or substantially degrades the 
     operations of a high value asset owned or operated by the 
     agency;
       ``(D) any incident involving the exposure to a foreign 
     entity of sensitive agency information, such as the 
     communications of the head of the agency, the head of a 
     component of the agency, or the direct reports of the head of 
     the agency or the head of a component of the agency; and
       ``(E) any other type of incident determined appropriate by 
     the Director;
       ``(2) stipulate that the National Cyber Director, in 
     consultation with the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, may declare 
     a major incident at any agency, and such a declaration shall 
     be considered if it is determined that an incident--
       ``(A) occurs at not less than 2 agencies; and
       ``(B) is enabled by--
       ``(i) a common technical root cause, such as a supply chain 
     compromise, or a common software or hardware vulnerability; 
     or
       ``(ii) the related activities of a common threat actor;
       ``(3) stipulate that, in determining whether an incident 
     constitutes a major incident under the standards described in 
     paragraph (1), the head of the agency shall consult with the 
     National Cyber Director; and
       ``(4) stipulate that the mere report of a vulnerability 
     discovered or disclosed without a loss of confidentiality, 
     integrity, or availability shall not on its own constitute a 
     major incident.
       ``(c) Evaluation and Updates.--Not later than 60 days after 
     the date on which the Director first promulgates the guidance 
     required under subsection (a), and not less frequently than 
     once during the first 90 days of each evenly numbered 
     Congress thereafter, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing that includes--
       ``(1) an evaluation of any necessary updates to the 
     guidance;
       ``(2) an evaluation of any necessary updates to the 
     definition of the term `major incident' included in the 
     guidance; and
       ``(3) an explanation of, and the analysis that led to, the 
     definition described in paragraph (2).''.
       (2) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding at 
     the end the following:

            ``subchapter iv--federal system incident response

``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.

     SEC. 6004. AMENDMENTS TO SUBTITLE III OF TITLE 40.

       (a) Modernizing Government Technology.--Subtitle G of title 
     X of division A of the National Defense Authorization Act for 
     Fiscal Year 2018 (40 U.S.C. 11301 note) is amended in section 
     1078--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 551 of title 5, United States Code.
       ``(2) High value asset.--The term `high value asset' has 
     the meaning given the term in section 3552 of title 44, 
     United States Code.'';
       (2) in subsection (b), by adding at the end the following:
       ``(8) Proposal evaluation.--The Director shall--
       ``(A) give consideration for the use of amounts in the Fund 
     to improve the security of high value assets; and
       ``(B) require that any proposal for the use of amounts in 
     the Fund includes, as appropriate--
       ``(i) a cybersecurity risk management plan; and
       ``(ii) a supply chain risk assessment in accordance with 
     section 1326 of title 41.''; and
       (3) in subsection (c)--
       (A) in paragraph (2)(A)(i), by inserting ``, including a 
     consideration of the impact on high value assets'' after 
     ``operational risks'';
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``and''; and
       (iii) by adding at the end the following:
       ``(C) a senior official from the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, appointed by the Director.''; and
       (C) in paragraph (6)(A), by striking ``shall be--'' and all 
     that follows through ``4 employees'' and inserting ``shall be 
     4 employees''.
       (b) Subchapter I.--Subchapter I of chapter 113 of subtitle 
     III of title 40, United States Code, is amended--
       (1) in section 11302--
       (A) in subsection (b), by striking ``use, security, and 
     disposal of'' and inserting ``use, and disposal of, and, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director, promote and improve the security of,''; and
       (B) in subsection (h), by inserting ``, including 
     cybersecurity performances,'' after ``the performances''; and
       (2) in section 11303(b)(2)(B)--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(iii) whether the function should be performed by a 
     shared service offered by another executive agency;''.
       (c) Subchapter II.--Subchapter II of chapter 113 of 
     subtitle III of title 40, United States Code, is amended--
       (1) in section 11312(a), by inserting ``, including 
     security risks'' after ``managing the risks'';
       (2) in section 11313(1), by striking ``efficiency and 
     effectiveness'' and inserting ``efficiency, security, and 
     effectiveness'';
       (3) in section 11317, by inserting ``security,'' before 
     ``or schedule''; and
       (4) in section 11319(b)(1), in the paragraph heading, by 
     striking ``CIOS'' and inserting ``Chief information 
     officers''.

     SEC. 6005. ACTIONS TO ENHANCE FEDERAL INCIDENT TRANSPARENCY.

       (a) Responsibilities of the Cybersecurity and 
     Infrastructure Security Agency.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall--
       (A) develop a plan for the development of the analysis 
     required under section 3597(a) of title 44, United States 
     Code, as added by this subtitle, and the report required 
     under subsection (b) of that section that includes--
       (i) a description of any challenges the Director of the 
     Cybersecurity and Infrastructure Security Agency anticipates 
     encountering; and
       (ii) the use of automation and machine-readable formats for 
     collecting, compiling, monitoring, and analyzing data; and

[[Page S2814]]

       (B) provide to the appropriate congressional committees a 
     briefing on the plan developed under subparagraph (A).
       (2) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the 
     appropriate congressional committees a briefing on--
       (A) the execution of the plan required under paragraph 
     (1)(A); and
       (B) the development of the report required under section 
     3597(b) of title 44, United States Code, as added by this 
     subtitle.
       (b) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) Updating fisma 2014.--Section 2 of the Federal 
     Information Security Modernization Act of 2014 (Public Law 
     113-283; 128 Stat. 3073) is amended--
       (A) by striking subsections (b) and (d); and
       (B) by redesignating subsections (c), (e), and (f) as 
     subsections (b), (c), and (d), respectively.
       (2) Incident data sharing.--
       (A) In general.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall develop, and as appropriate update, guidance, 
     on the content, timeliness, and format of the information 
     provided by agencies under section 3594(a) of title 44, 
     United States Code, as added by this subtitle.
       (B) Requirements.--The guidance developed under 
     subparagraph (A) shall--
       (i) enable the efficient development of--

       (I) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       (II) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     subtitle; and

       (ii) include requirements for the timeliness of data 
     production.
       (C) Automation.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall promote, as feasible, the use of automation and 
     machine-readable data for data sharing under section 3594(a) 
     of title 44, United States Code, as added by this subtitle.
       (3) Contractor and awardee guidance.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this subtitle, the Director shall issue guidance 
     to agencies on how to deconflict, to the greatest extent 
     practicable, existing regulations, policies, and procedures 
     relating to the responsibilities of contractors and awardees 
     established under section 3595 of title 44, United States 
     Code, as added by this subtitle.
       (B) Existing processes.--To the greatest extent 
     practicable, the guidance issued under subparagraph (A) shall 
     allow contractors and awardees to use existing processes for 
     notifying agencies of incidents involving information of the 
     Federal Government.
       (c) Update to the Privacy Act of 1974.--Section 552a(b) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) to another agency, to the extent necessary, to 
     assist the recipient agency in responding to an incident (as 
     defined in section 3552 of title 44) or breach (as defined in 
     section 3591 of title 44) or to fulfill the information 
     sharing requirements under section 3594 of title 44.''.

     SEC. 6006. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall issue guidance for 
     agencies on--
       (1) performing the ongoing and continuous agency system 
     risk assessment required under section 3554(a)(1)(A) of title 
     44, United States Code, as amended by this subtitle; and
       (2) establishing a process for securely providing the 
     status of each remedial action for high value assets under 
     section 3554(b)(7) of title 44, United States Code, as 
     amended by this Act, to the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency using 
     automation and machine-readable data, as practicable, which 
     shall include--
       (A) specific guidance for the use of automation and 
     machine-readable data; and
       (B) templates for providing the status of the remedial 
     action.
       (b) Coordination.--The head of each agency shall coordinate 
     with the inspector general of the agency, as applicable, to 
     ensure consistent understanding of agency policies for the 
     purpose of evaluations conducted by the inspector general.

     SEC. 6007. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR 
                   ENTITIES IMPACTED BY INCIDENTS.

       (a) Definitions.--In this section:
       (1) Reporting entity.--The term ``reporting entity'' means 
     private organization or governmental unit that is required by 
     statute or regulation to submit sensitive information to an 
     agency.
       (2) Sensitive information.--The term ``sensitive 
     information'' has the meaning given the term by the Director 
     in guidance issued under subsection (b).
       (b) Guidance on Notification of Reporting Entities.--Not 
     later than 1 year after the date of enactment of this 
     subtitle, the Director shall develop, in consultation with 
     the National Cyber Director, and issue guidance requiring the 
     head of each agency to notify a reporting entity, and take 
     into consideration the need to coordinate with Sector Risk 
     Management Agencies (as defined in section 2200 of the 
     Homeland Security Act of 2002 (6 U.S.C. 650)), as 
     appropriate, of an incident at the agency that is likely to 
     substantially affect--
       (1) the confidentiality or integrity of sensitive 
     information submitted by the reporting entity to the agency 
     pursuant to a statutory or regulatory requirement; or
       (2) any information system (as defined in section 3502 of 
     title 44, United States Code) used in the transmission or 
     storage of the sensitive information described in paragraph 
     (1).

     SEC. 6008. MOBILE SECURITY BRIEFINGS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this subtitle, the Director shall provide to the 
     appropriate congressional committees--
       (1) a briefing on the compliance of agencies with the No 
     TikTok on Government Devices Act (44 U.S.C. 3553 note; Public 
     Law 117-328); and
       (2) as a component of the briefing required under paragraph 
     (1), a list of each exception of an agency from the No TikTok 
     on Government Devices Act (44 U.S.C. 3553 note; Public Law 
     117-328), which may include a classified annex.
       (b) Additional Briefing.--Not later than 1 year after the 
     date of the briefing required under subsection (a)(1), the 
     Director shall provide to the appropriate congressional 
     committees--
       (1) a briefing on the compliance of any agency that was not 
     compliant with the No TikTok on Government Devices Act (44 
     U.S.C. 3553 note; Public Law 117-328) at the time of the 
     briefing required under subsection (a)(1); and
       (2) as a component of the briefing required under paragraph 
     (1), an update to the list required under subsection (a)(2).

     SEC. 6009. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.

       (a) Guidance.--Not later than 2 years after the date of 
     enactment of this subtitle the Director, in consultation with 
     the National Cyber Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, shall 
     update guidance to agencies regarding requirements for 
     logging, log retention, log management, sharing of log data 
     with other appropriate agencies, or any other logging 
     activity determined to be appropriate by the Director.
       (b) National Security Systems.--The Secretary of Defense 
     shall issue guidance that meets or exceeds the standards 
     required in guidance issued under subsection (a) for National 
     Security Systems.

     SEC. 6010. CISA AGENCY LIAISONS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this subtitle, the Director of the Cybersecurity 
     and Infrastructure Security Agency shall assign not less than 
     1 cybersecurity professional employed by the Cybersecurity 
     and Infrastructure Security Agency to be the Cybersecurity 
     and Infrastructure Security Agency liaison to the Chief 
     Information Security Officer of each agency.
       (b) Qualifications.--Each liaison assigned under subsection 
     (a) shall have knowledge of--
       (1) cybersecurity threats facing agencies, including any 
     specific threats to the assigned agency;
       (2) risk assessments of agency systems; and
       (3) other Federal cybersecurity initiatives.
       (c) Duties.--The duties of each liaison assigned under 
     subsection (a) shall include--
       (1) providing, as requested, assistance and advice to the 
     agency Chief Information Security Officer;
       (2) supporting, as requested, incident response 
     coordination between the assigned agency and the 
     Cybersecurity and Infrastructure Security Agency;
       (3) becoming familiar with assigned agency systems, 
     processes, and procedures to better facilitate support to the 
     agency; and
       (4) other liaison duties to the assigned agency solely in 
     furtherance of Federal cybersecurity or support to the 
     assigned agency as a Sector Risk Management Agency, as 
     assigned by the Director of the Cybersecurity and 
     Infrastructure Security Agency in consultation with the head 
     of the assigned agency.
       (d) Limitation.--A liaison assigned under subsection (a) 
     shall not be a contractor.
       (e) Multiple Assignments.--One individual liaison may be 
     assigned to multiple agency Chief Information Security 
     Officers under subsection (a).
       (f) Coordination of Activities.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall 
     consult with the Director on the execution of the duties of 
     the Cybersecurity and Infrastructure Security Agency liaisons 
     to ensure that there is no inappropriate duplication of 
     activities among--
       (1) Federal cybersecurity support to agencies of the Office 
     of Management and Budget; and
       (2) the Cybersecurity and Infrastructure Security Agency 
     liaison.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed impact the ability of the Director to support 
     agency implementation of Federal cybersecurity requirements 
     pursuant to subchapter II of

[[Page S2815]]

     chapter 35 of title 44, United States Code, as amended by 
     this Act.

     SEC. 6011. FEDERAL PENETRATION TESTING POLICY.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3559A. Federal penetration testing

       ``(a) Guidance.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall issue guidance to agencies that--
       ``(1) requires agencies to perform penetration testing on 
     information systems, as appropriate, including on high value 
     assets;
       ``(2) provides policies governing the development of--
       ``(A) rules of engagement for using penetration testing; 
     and
       ``(B) procedures to use the results of penetration testing 
     to improve the cybersecurity and risk management of the 
     agency;
       ``(3) ensures that operational support or a shared service 
     is available; and
       ``(4) in no manner restricts the authority of the Secretary 
     of Homeland Security or the Director of the Cybersecurity and 
     Infrastructure Agency to conduct threat hunting pursuant to 
     section 3553 of title 44, United States Code, or penetration 
     testing under this chapter.
       ``(b) Exception for National Security Systems.--The 
     guidance issued under subsection (a) shall not apply to 
     national security systems.
       ``(c) Delegation of Authority for Certain Systems.--The 
     authorities of the Director described in subsection (a) shall 
     be delegated to--
       ``(1) the Secretary of Defense in the case of a system 
     described in section 3553(e)(2); and
       ``(2) the Director of National Intelligence in the case of 
     a system described in section 3553(e)(3).''.
       (b) Existing Guidance.--
       (1) In general.--Compliance with guidance issued by the 
     Director relating to penetration testing before the date of 
     enactment of this subtitle shall be deemed to be compliance 
     with section 3559A of title 44, United States Code, as added 
     by this Act.
       (2) Immediate new guidance not required.--Nothing in 
     section 3559A of title 44, United States Code, as added by 
     this subtitle, shall be construed to require the Director to 
     issue new guidance to agencies relating to penetration 
     testing before the date described in paragraph (3).
       (3) Guidance updates.--Notwithstanding paragraphs (1) and 
     (2), not later than 2 years after the date of enactment of 
     this Act, the Director shall review and, as appropriate, 
     update existing guidance requiring penetration testing by 
     agencies.
       (c) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559 the following:

``3559A. Federal penetration testing.''.
       (d) Penetration Testing by the Secretary of Homeland 
     Security.--Section 3553(b) of title 44, United States Code, 
     as amended by this subtitle, is further amended by inserting 
     after paragraph (8) the following:
       ``(9) performing penetration testing that may leverage 
     manual expert analysis to identify threats and 
     vulnerabilities within information systems--
       ``(A) without consent or authorization from agencies; and
       ``(B) with prior notification to the head of the agency;''.

     SEC. 6012. VULNERABILITY DISCLOSURE POLICIES.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by inserting after section 3559A, as added 
     by this subtitle, the following:

     ``Sec. 3559B. Federal vulnerability disclosure policies

       ``(a) Purpose; Sense of Congress.--
       ``(1) Purpose.--The purpose of Federal vulnerability 
     disclosure policies is to create a mechanism to enable the 
     public to inform agencies of vulnerabilities in Federal 
     information systems.
       ``(2) Sense of congress.--It is the sense of Congress that, 
     in implementing the requirements of this section, the Federal 
     Government should take appropriate steps to reduce real and 
     perceived burdens in communications between agencies and 
     security researchers.
       ``(b) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' has the meaning 
     given the term in section 3591.
       ``(2) Internet of things.--The term `internet of things' 
     has the meaning given the term in Special Publication 800-213 
     of the National Institute of Standards and Technology, 
     entitled `IoT Device Cybersecurity Guidance for the Federal 
     Government: Establishing IoT Device Cybersecurity 
     Requirements', or any successor document.
       ``(3) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).
       ``(4) Submitter.--The term `submitter' means an individual 
     that submits a vulnerability disclosure report pursuant to 
     the vulnerability disclosure process of an agency.
       ``(5) Vulnerability disclosure report.--The term 
     `vulnerability disclosure report' means a disclosure of a 
     security vulnerability made to an agency by a submitter.
       ``(c) Guidance.--The Director shall issue guidance to 
     agencies that includes--
       ``(1) use of the information system security 
     vulnerabilities disclosure process guidelines established 
     under section 4(a)(1) of the IoT Cybersecurity Improvement 
     Act of 2020 (15 U.S.C. 278g-3b(a)(1));
       ``(2) direction to not recommend or pursue legal action 
     against a submitter or an individual that conducts a security 
     research activity that--
       ``(A) represents a good faith effort to identify and report 
     security vulnerabilities in information systems; or
       ``(B) otherwise represents a good faith effort to follow 
     the vulnerability disclosure policy of the agency developed 
     under subsection (f)(2);
       ``(3) direction on sharing relevant information in a 
     consistent, automated, and machine readable manner with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency;
       ``(4) the minimum scope of agency systems required to be 
     covered by the vulnerability disclosure policy of an agency 
     required under subsection (f)(2), including exemptions under 
     subsection (g);
       ``(5) requirements for providing information to the 
     submitter of a vulnerability disclosure report on the 
     resolution of the vulnerability disclosure report;
       ``(6) a stipulation that the mere identification by a 
     submitter of a security vulnerability, without a significant 
     compromise of confidentiality, integrity, or availability, 
     does not constitute a major incident; and
       ``(7) the applicability of the guidance to Internet of 
     things devices owned or controlled by an agency.
       ``(d) Consultation.--In developing the guidance required 
     under subsection (c)(3), the Director shall consult with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(e) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) provide support to agencies with respect to the 
     implementation of the requirements of this section;
       ``(2) develop tools, processes, and other mechanisms 
     determined appropriate to offer agencies capabilities to 
     implement the requirements of this section;
       ``(3) upon a request by an agency, assist the agency in the 
     disclosure to vendors of newly identified security 
     vulnerabilities in vendor products and services; and
       ``(4) as appropriate, implement the requirements of this 
     section, in accordance with the authority under section 
     3553(b)(8), as a shared service available to agencies.
       ``(f) Responsibilities of Agencies.--
       ``(1) Public information.--The head of each agency shall 
     make publicly available, with respect to each internet domain 
     under the control of the agency that is not a national 
     security system and to the extent consistent with the 
     security of information systems but with the presumption of 
     disclosure--
       ``(A) an appropriate security contact; and
       ``(B) the component of the agency that is responsible for 
     the internet accessible services offered at the domain.
       ``(2) Vulnerability disclosure policy.--The head of each 
     agency shall develop and make publicly available a 
     vulnerability disclosure policy for the agency, which shall--
       ``(A) describe--
       ``(i) the scope of the systems of the agency included in 
     the vulnerability disclosure policy, including for Internet 
     of things devices owned or controlled by the agency;
       ``(ii) the type of information system testing that is 
     authorized by the agency;
       ``(iii) the type of information system testing that is not 
     authorized by the agency;
       ``(iv) the disclosure policy for a contractor; and
       ``(v) the disclosure policy of the agency for sensitive 
     information;
       ``(B) with respect to a vulnerability disclosure report to 
     an agency, describe--
       ``(i) how the submitter should submit the vulnerability 
     disclosure report; and
       ``(ii) if the report is not anonymous, when the reporter 
     should anticipate an acknowledgment of receipt of the report 
     by the agency;
       ``(C) include any other relevant information; and
       ``(D) be mature in scope and cover every internet 
     accessible information system used or operated by that agency 
     or on behalf of that agency.
       ``(3) Identified security vulnerabilities.--The head of 
     each agency shall--
       ``(A) consider security vulnerabilities reported in 
     accordance with paragraph (2);
       ``(B) commensurate with the risk posed by the security 
     vulnerability, address such security vulnerability using the 
     security vulnerability management process of the agency; and
       ``(C) in accordance with subsection (c)(5), provide 
     information to the submitter of a vulnerability disclosure 
     report.
       ``(g) Exemptions.--
       ``(1) In general.--The Director and the head of each agency 
     shall carry out this section in a manner consistent with the 
     protection of national security information.
       ``(2) Limitation.--The Director and the head of each agency 
     may not publish under subsection (f)(1) or include in a 
     vulnerability disclosure policy under subsection (f)(2) host 
     names, services, information systems, or other information 
     that the Director or the head of an agency, in coordination 
     with the

[[Page S2816]]

     Director and other appropriate heads of agencies, determines 
     would--
       ``(A) disrupt a law enforcement investigation;
       ``(B) endanger national security or intelligence 
     activities; or
       ``(C) impede national defense activities or military 
     operations.
       ``(3) National security systems.--This section shall not 
     apply to national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency described in 
     this section shall be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in section 3553(e)(3).
       ``(i) Revision of Federal Acquisition Regulation.--The 
     Federal Acquisition Regulation shall be revised as necessary 
     to implement the provisions under this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559A, as added by this 
     subtitle, the following:

``3559B. Federal vulnerability disclosure policies.''.
       (c) Conforming Update and Repeal.--
       (1) Guidelines on the disclosure process for security 
     vulnerabilities relating to information systems, including 
     internet of things devices.--Section 5 of the IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3c) is 
     amended by striking subsections (d) and (e).
       (2) Implementation and contractor compliance.--The IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3a et 
     seq.) is amended--
       (A) by striking section 6 (15 U.S.C. 278g-3d); and
       (B) by striking section 7 (15 U.S.C. 278g-3e).

     SEC. 6013. IMPLEMENTING ZERO TRUST ARCHITECTURE.

       (a) Briefings.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing on progress in increasing the internal defenses of 
     agency systems, including--
       (1) shifting away from trusted networks to implement 
     security controls based on a presumption of compromise, 
     including through the transition to zero trust architecture;
       (2) implementing principles of least privilege in 
     administering information security programs;
       (3) limiting the ability of entities that cause incidents 
     to move laterally through or between agency systems;
       (4) identifying incidents quickly;
       (5) isolating and removing unauthorized entities from 
     agency systems as quickly as practicable, accounting for 
     intelligence or law enforcement purposes; and
       (6) otherwise increasing the resource costs for entities 
     that cause incidents to be successful.
       (b) Progress Report.--As a part of each report required to 
     be submitted under section 3553(c) of title 44, United States 
     Code, during the period beginning on the date that is 4 years 
     after the date of enactment of this Act and ending on the 
     date that is 10 years after the date of enactment of this 
     Act, the Director shall include an update on agency 
     implementation of zero trust architecture, which shall 
     include--
       (1) a description of steps agencies have completed, 
     including progress toward achieving any requirements issued 
     by the Director, including the adoption of any models or 
     reference architecture;
       (2) an identification of activities that have not yet been 
     completed and that would have the most immediate security 
     impact; and
       (3) a schedule to implement any planned activities.
       (c) Classified Annex.--Each update required under 
     subsection (b) may include 1 or more annexes that contain 
     classified or other sensitive information, as appropriate.
       (d) National Security Systems.--
       (1) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense shall provide 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Accountability of the House of Representatives, the Committee 
     on Armed Services of the Senate, the Committee on Armed 
     Services of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a briefing on the implementation of zero 
     trust architecture with respect to national security systems.
       (2) Progress report.--Not later than the date on which each 
     update is required to be submitted under subsection (b), the 
     Secretary of Defense shall submit to the congressional 
     committees described in paragraph (1) a progress report on 
     the implementation of zero trust architecture with respect to 
     national security systems.

     SEC. 6014. AUTOMATION AND ARTIFICIAL INTELLIGENCE.

       (a) Definition.--In this section, the term ``information 
     system'' has the meaning given the term in section 3502 of 
     title 44, United States Code.
       (b) Use of Artificial Intelligence.--
       (1) In general.--As appropriate, the Director shall issue 
     guidance on the use of artificial intelligence by agencies to 
     improve the cybersecurity of information systems.
       (2) Considerations.--The Director and head of each agency 
     shall consider the use and capabilities of artificial 
     intelligence systems wherever automation is used in 
     furtherance of the cybersecurity of information systems.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter until the date 
     that is 5 years after the date of enactment of this Act, the 
     Director shall submit to the appropriate congressional 
     committees a report on the use of artificial intelligence to 
     further the cybersecurity of information systems.
       (c) Comptroller General Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees a report on the risks to the privacy of 
     individuals and the cybersecurity of information systems 
     associated with the use by Federal agencies of artificial 
     intelligence systems or capabilities.
       (2) Study.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall perform a study, and submit to the Committees on 
     Homeland Security and Governmental Affairs and Commerce, 
     Science, and Transportation of the Senate and the Committees 
     on Oversight and Accountability, Homeland Security, and 
     Science, Space, and Technology of the House of 
     Representatives a report, on the use of automation, including 
     artificial intelligence, and machine-readable data across the 
     Federal Government for cybersecurity purposes, including the 
     automated updating of cybersecurity tools, sensors, or 
     processes employed by agencies under paragraphs (1), (5)(C), 
     and (8)(B) of section 3554(b) of title 44, United States 
     Code, as amended by this subtitle.

     SEC. 6015. EXTENSION OF CHIEF DATA OFFICER COUNCIL.

       Section 3520A(e)(2) of title 44, United States Code, is 
     amended by striking ``upon the expiration of the 2-year 
     period that begins on the date the Comptroller General 
     submits the report under paragraph (1) to Congress'' and 
     inserting ``December 31, 2031''.

     SEC. 6016. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY DASHBOARD.

       (a) Dashboard Required.--Section 424(e) of title 5, United 
     States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C);
       (C) by inserting after subparagraph (A) the following:
       ``(B) that shall include a dashboard of open information 
     security recommendations identified in the independent 
     evaluations required by section 3555(a) of title 44; and''; 
     and
       (2) by adding at the end the following:
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to require the publication of information 
     that is exempted from disclosure under section 552 of this 
     title.''.

     SEC. 6017. SECURITY OPERATIONS CENTER SHARED SERVICE.

       (a) Briefing.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security and the Committee on 
     Oversight and Accountability of the House of Representatives 
     a briefing on--
       (1) existing security operations center shared services;
       (2) the capability for such shared service to offer 
     centralized and simultaneous support to multiple agencies;
       (3) the capability for such shared service to integrate 
     with or support agency threat hunting activities authorized 
     under section 3553 of title 44, United States Code, as 
     amended by this subtitle;
       (4) the capability for such shared service to integrate 
     with or support Federal vulnerability management activities; 
     and
       (5) future plans for expansion and maturation of such 
     shared service.
       (b) GAO Report.--Not less than 540 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees a report on Federal cybersecurity security 
     operations centers that--
       (1) identifies Federal agency best practices for efficiency 
     and effectiveness;
       (2) identifies non-Federal best practices used by large 
     entity operations centers and entities providing operation 
     centers as a service; and
       (3) includes recommendations for the Cybersecurity and 
     Infrastructure Security Agency and any other relevant agency 
     to improve the efficiency and effectiveness of security 
     operations centers shared service offerings.

     SEC. 6018. FEDERAL CYBERSECURITY REQUIREMENTS.

       (a) Codifying Federal Cybersecurity Requirements in Title 
     44.--
       (1) Amendment to federal cybersecurity enhancement act of 
     2015.--Section 225 of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523) is amended by striking 
     subsections (b) and (c).
       (2) Title 44.--Section 3554 of title 44, United States 
     Code, as amended by this subtitle, is further amended by 
     adding at the end the following:

[[Page S2817]]

       ``(f) Specific Cybersecurity Requirements at Agencies.--
       ``(1) In general.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of each agency shall--
       ``(A) identify sensitive and mission critical data stored 
     by the agency consistent with the inventory required under 
     section 3505(c);
       ``(B) assess access controls to the data described in 
     subparagraph (A), the need for readily accessible storage of 
     the data, and the need of individuals to access the data;
       ``(C) encrypt or otherwise render indecipherable to 
     unauthorized users the data described in subparagraph (A) 
     that is stored on or transiting agency information systems;
       ``(D) implement a single sign-on trusted identity platform 
     for individuals accessing each public website of the agency 
     that requires user authentication, as developed by the 
     Administrator of General Services in collaboration with the 
     Secretary; and
       ``(E) implement identity management consistent with section 
     504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 
     7464), including multi-factor authentication, for--
       ``(i) remote access to a information system; and
       ``(ii) each user account with elevated privileges on a 
     information system.
       ``(2) Prohibition.--
       ``(A) Definition.--In this paragraph, the term `Internet of 
     things' has the meaning given the term in section 3559B.
       ``(B) Prohibition.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of an agency may not procure, obtain, renew a contract 
     to procure or obtain in any amount, notwithstanding section 
     1905 of title 41, United States Code, or use an Internet of 
     things device if the Chief Information Officer of the agency 
     determines during a review required under section 
     11319(b)(1)(C) of title 40 of a contract for an Internet of 
     things device that the use of the device prevents compliance 
     with the standards and guidelines developed under section 4 
     of the IoT Cybersecurity Improvement Act (15 U.S.C. 278g-3b) 
     with respect to the device.
       ``(3) Exception.--The requirements under paragraph (1) 
     shall not apply to a information system for which--
       ``(A) the head of the agency, without delegation, has 
     certified to the Director with particularity that--
       ``(i) operational requirements articulated in the 
     certification and related to the information system would 
     make it excessively burdensome to implement the cybersecurity 
     requirement;
       ``(ii) the cybersecurity requirement is not necessary to 
     secure the information system or agency information stored on 
     or transiting it; and
       ``(iii) the agency has taken all necessary steps to secure 
     the information system and agency information stored on or 
     transiting it; and
       ``(B) the head of the agency has submitted the 
     certification described in subparagraph (A) to the 
     appropriate congressional committees and the authorizing 
     committees of the agency.
       ``(4) Duration of certification.--
       ``(A) In general.--A certification and corresponding 
     exemption of an agency under paragraph (3) shall expire on 
     the date that is 4 years after the date on which the head of 
     the agency submits the certification under paragraph (3)(A).
       ``(B) Renewal.--Upon the expiration of a certification of 
     an agency under paragraph (3), the head of the agency may 
     submit an additional certification in accordance with that 
     paragraph.
       ``(5) Rules of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to alter the authority of the Secretary, the 
     Director, or the Director of the National Institute of 
     Standards and Technology in implementing subchapter II of 
     this title;
       ``(B) to affect the standards or process of the National 
     Institute of Standards and Technology;
       ``(C) to affect the requirement under section 3553(a)(4); 
     or
       ``(D) to discourage continued improvements and advancements 
     in the technology, standards, policies, and guidelines used 
     to promote Federal information security.
       ``(g) Exception.--
       ``(1) Requirements.--The requirements under subsection 
     (f)(1) shall not apply to--
       ``(A) the Department of Defense;
       ``(B) a national security system; or
       ``(C) an element of the intelligence community.
       ``(2) Prohibition.--The prohibition under subsection (f)(2) 
     shall not apply to--
       ``(A) Internet of things devices that are or comprise a 
     national security system;
       ``(B) national security systems; or
       ``(C) a procured Internet of things device described in 
     subsection (f)(2)(B) that the Chief Information Officer of an 
     agency determines is--
       ``(i) necessary for research purposes; or
       ``(ii) secured using alternative and effective methods 
     appropriate to the function of the Internet of things 
     device.''.
       (b) Report on Exemptions.--Section 3554(c)(1) of title 44, 
     United States Code, as amended by this subtitle, is further 
     amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) with respect to any exemption from the requirements 
     of subsection (f)(3) that is effective on the date of 
     submission of the report, the number of information systems 
     that have received an exemption from those requirements.''.
       (c) Duration of Certification Effective Date.--Paragraph 
     (3) of section 3554(f) of title 44, United States Code, as 
     added by this subtitle, shall take effect on the date that is 
     1 year after the date of enactment of this Act.
       (d) Federal Cybersecurity Enhancement Act of 2015 Update.--
     Section 222(3)(B) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1521(3)(B)) is amended by inserting 
     ``and the Committee on Oversight and Accountability'' before 
     ``of the House of Representatives.''

     SEC. 6019. FEDERAL CHIEF INFORMATION SECURITY OFFICER.

       (a) Amendment.--Chapter 36 of title 44, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 3617. Federal chief information security officer

       ``(a) Establishment.--There is established a Federal Chief 
     Information Security Officer, who shall serve in--
       ``(1) the Office of the Federal Chief Information Officer 
     of the Office of Management and Budget; and
       ``(2) the Office of the National Cyber Director.
       ``(b) Appointment.--The Federal Chief Information Security 
     Officer shall be appointed by the President.
       ``(c) OMB Duties.--The Federal Chief Information Security 
     Officer shall report to the Federal Chief Information Officer 
     and assist the Federal Chief Information Officer in carrying 
     out--
       ``(1) every function under this chapter;
       ``(2) every function assigned to the Director under title 
     II of the E-Government Act of 2002 (44 U.S.C. 3501 note; 
     Public Law 107-347);
       ``(3) other electronic government initiatives consistent 
     with other statutes; and
       ``(4) other Federal cybersecurity initiatives determined by 
     the Federal Chief Information Officer.
       ``(d) Additional Duties.--The Federal Chief Information 
     Security Officer shall--
       ``(1) support the Federal Chief Information Officer in 
     overseeing and implementing Federal cybersecurity under the 
     E-Government Act of 2002 (Public Law 107-347; 116 Stat. 2899) 
     and other relevant statutes in a manner consistent with law; 
     and
       ``(2) perform every function assigned to the Director under 
     sections 1321 through 1328 of title 41, United States Code.
       ``(e) Coordination With ONCD.--The Federal Chief 
     Information Security Officer shall support initiatives 
     determined by the Federal Chief Information Officer necessary 
     to coordinate with the Office of the National Cyber 
     Director.''.
       (b) National Cyber Director Duties.--Section 1752 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 1500) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Senior Federal Cybersecurity Officer.--The Federal 
     Chief Information Security Officer appointed by the President 
     under section 3617 of title 44, United States Code, shall be 
     a senior official within the Office and carry out duties 
     applicable to the protection of information technology (as 
     defined in section 11101 of title 40, United States Code), 
     including initiatives determined by the Director necessary to 
     coordinate with the Office of the Federal Chief Information 
     Officer.''.
       (c) Treatment of Incumbent.--The individual serving as the 
     Federal Chief Information Security Officer appointed by the 
     President as of the date of the enactment of this Act may 
     serve as the Federal Chief Information Security Officer under 
     section 3617 of title 44, United States Code, as added by 
     this subtitle, beginning on the date of enactment of this 
     Act, without need for a further or additional appointment 
     under such section.
       (d) Clerical Amendment.--The table of sections for chapter 
     36 of title 44, United States Code, is amended by adding at 
     the end the following:

``Sec. 3617. Federal chief information security officer''.

     SEC. 6020. RENAMING OFFICE OF THE FEDERAL CHIEF INFORMATION 
                   OFFICER.

       (a) Definitions.--
       (1) In general.--Section 3601 of title 44, United States 
     Code, is amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
       (2) Conforming amendments.--
       (A) Title 10.--Section 2222(i)(6) of title 10, United 
     States Code, is amended by striking ``section 3601(4)'' and 
     inserting ``section 3601''.
       (B) National security act of 1947.--Section 506D(k)(1) of 
     the National Security Act of 1947 (50 U.S.C. 3100(k)(1)) is 
     amended by striking ``section 3601(4)'' and inserting 
     ``section 3601''.
       (b) Office of Electronic Government.--Section 3602 of title 
     44, United States Code, is amended--

[[Page S2818]]

       (1) in the heading, by striking ``office of electronic 
     government'' and inserting ``office of the federal chief 
     information officer'';
       (2) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (3) in subsection (b), by striking ``an Administrator'' and 
     inserting ``a Federal Chief Information Officer'';
       (4) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (5) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (6) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (7) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the Administrator'' and inserting ``the Federal Chief 
     Information Officer''; and
       (B) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (8) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (c) Chief Information Officers Council.--Section 3603 of 
     title 44, United States Code, is amended--
       (1) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (2) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (3) in subsection (f)--
       (A) in paragraph (3), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''; and
       (B) in paragraph (5), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''.
       (d) E-Government Fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (1) in subsection (a)(2), by striking ``the Administrator 
     of the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (2) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (3) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``the Administrator'' and inserting ``the 
     Federal Chief Information Officer''.
       (e) Program to Encourage Innovative Solutions to Enhance 
     Electronic Government Services and Processes.--Section 3605 
     of title 44, United States Code, is amended--
       (1) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (2) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer''; and
       (ii) by striking ``proposals submitted to the 
     Administrator'' and inserting ``proposals submitted to the 
     Federal Chief Information Officer'';
       (B) in paragraph (2)(B), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''; and
       (C) in paragraph (4), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''.
       (f) E-Government Report.--Section 3606 of title 44, United 
     States Code, is amended in the section heading by striking 
     ``E-Government'' and inserting ``Annual''.
       (g) Treatment of Incumbent.--The individual serving as the 
     Administrator of the Office of Electronic Government under 
     section 3602 of title 44, United States Code, as of the date 
     of the enactment of this Act, may continue to serve as the 
     Federal Chief Information Officer commencing as of that date, 
     without need for a further or additional appointment under 
     such section.
       (h) Technical and Conforming Amendments.--The table of 
     sections for chapter 36 of title 44, United States Code, is 
     amended--
       (1) by striking the item relating to section 3602 and 
     inserting the following:

``3602. Office of the Federal Chief Information Officer.''; and
       (2) in the item relating to section 3606, by striking ``E-
     Government'' and inserting ``Annual''.
       (i) References.--
       (1) Administrator.--Any reference to the Administrator of 
     the Office of Electronic Government in any law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed to be a reference to the Federal Chief 
     Information Officer.
       (2) Office of electronic government.--Any reference to the 
     Office of Electronic Government in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Office of the Federal 
     Chief Information Officer.

     SEC. 6021. RULES OF CONSTRUCTION.

       (a) Agency Actions.--Nothing in this subtitle, or an 
     amendment made by this subtitle, shall be construed to 
     authorize the head of an agency to take an action that is not 
     authorized by this subtitle, an amendment made by this 
     subtitle, or existing law.
       (b) Protection of Rights.--Nothing in this subtitle, or an 
     amendment made by this subtitle, shall be construed to permit 
     the violation of the rights of any individual protected by 
     the Constitution of the United States, including through 
     censorship of speech protected by the Constitution of the 
     United States or unauthorized surveillance.

           Subtitle B--Improving Digital Identity Act of 2023

     SEC. 6031. SHORT TITLE.

       This Act may be cited as the ``Improving Digital Identity 
     Act of 2023''.

     SEC. 6032. FINDINGS.

       Congress finds the following:
       (1) The lack of an easy, affordable, reliable, and secure 
     way for organizations, businesses, and government agencies to 
     identify whether an individual is who they claim to be online 
     creates an attack vector that is widely exploited by 
     adversaries in cyberspace and precludes many high-value 
     transactions from being available online.
       (2) Incidents of identity theft and identity fraud continue 
     to rise in the United States, where more than 293,000,000 
     people were impacted by data breaches in 2021.
       (3) Since 2017, losses resulting from identity fraud have 
     increased by 333 percent, and, in 2020, those losses totaled 
     $56,000,000,000.
       (4) The Director of the Financial Crimes Enforcement 
     Network of the Department of the Treasury has stated that the 
     abuse of personally identifiable information and other 
     building blocks of identity is a key enabler behind much of 
     the fraud and cybercrime affecting the United States today.
       (5) The inadequacy of current digital identity solutions 
     degrades security and privacy for all people in the United 
     States, and next generation solutions are needed that improve 
     security, privacy, equity, and accessibility.
       (6) Government entities, as authoritative issuers of 
     identity in the United States, are uniquely positioned to 
     deliver critical components that address deficiencies in the 
     digital identity infrastructure of the United States and 
     augment private sector digital identity and authentication 
     solutions.
       (7) State governments are particularly well-suited to play 
     a role in enhancing digital identity solutions used by both 
     the public and private sectors, given the role of State 
     governments as the issuers of driver's licenses and other 
     identity documents commonly used today.
       (8) The public and private sectors should collaborate to 
     deliver solutions that promote confidence, privacy, choice, 
     equity, accessibility, and innovation. The private sector 
     drives much of the innovation around digital identity in the 
     United States and has an important role to play in delivering 
     digital identity solutions.
       (9) The bipartisan Commission on Enhancing National 
     Cybersecurity has called for the Federal Government to 
     ``create an interagency task force directed to find secure, 
     user-friendly, privacy-centric ways in which agencies can 
     serve as 1 authoritative source to validate identity 
     attributes in the broader identity market. This action would 
     enable Government agencies and the private sector to drive 
     significant risk out of new account openings and other high-
     risk, high-value online services, and it would help all 
     citizens more easily and securely engage in transactions 
     online.''.
       (10) It should be the policy of the Federal Government to 
     use the authorities and capabilities of the Federal 
     Government, in coordination with State, local, Tribal, and 
     territorial partners and private sector innovators, to 
     enhance the security, reliability, privacy, equity, 
     accessibility, and convenience of consent-based digital 
     identity solutions that support and protect transactions 
     between individuals, government entities, and businesses, and 
     that enable people in the United States to prove who they are 
     online.

     SEC. 6033. DEFINITIONS.

       In this subtitle:
       (1) Appropriate notification entities.--The term 
     ``appropriate notification entities'' means--
       (A) the President;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (2) Digital identity verification.--The term ``digital 
     identity verification'' means a process to verify the 
     identity or an identity attribute of an individual accessing 
     a service online or through another electronic means.
       (3) Director.--The term ``Director'' means the Director of 
     the Task Force.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       (5) Identity attribute.--The term ``identity attribute'' 
     means a data element associated with the identity of an 
     individual, including, the name, address, or date of birth of 
     an individual.
       (6) Identity credential.--The term ``identity credential'' 
     means a document or other

[[Page S2819]]

     evidence of the identity of an individual issued by a 
     government agency that conveys the identity of the 
     individual, including a driver's license or passport.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (8) Task force.--The term ``Task Force'' means the 
     Improving Digital Identity Task Force established under 
     section 6034(a).

     SEC. 6034. IMPROVING DIGITAL IDENTITY TASK FORCE.

       (a) Establishment.--There is established in the Executive 
     Office of the President a task force to be known as the 
     ``Improving Digital Identity Task Force''.
       (b) Purpose.--The purpose of the Task Force shall be to 
     establish and coordinate a government-wide effort to develop 
     secure methods for Federal, State, local, Tribal, and 
     territorial agencies to improve access and enhance security 
     between physical and digital identity credentials, 
     particularly by promoting the development of digital versions 
     of existing physical identity credentials, including driver's 
     licenses, e-Passports, social security credentials, and birth 
     certificates, to--
       (1) protect the privacy and security of individuals;
       (2) support reliable, interoperable digital identity 
     verification in the public and private sectors; and
       (3) in achieving paragraphs (1) and (2), place a particular 
     emphasis on--
       (A) reducing identity theft and fraud;
       (B) enabling trusted transactions; and
       (C) ensuring equitable access to digital identity 
     verification.
       (c) Director.--
       (1) In general.--The Task Force shall have a Director, who 
     shall be appointed by the President.
       (2) Position.--The Director shall serve at the pleasure of 
     the President.
       (3) Pay and allowances.--The Director shall be compensated 
     at the rate of basic pay prescribed for level II of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code.
       (4) Qualifications.--The Director shall have substantive 
     technical expertise and managerial acumen that--
       (A) is in the business of digital identity management, 
     information security, or benefits administration;
       (B) is gained from not less than 1 organization; and
       (C) includes specific expertise gained from academia, 
     advocacy organizations, or the private sector.
       (5) Exclusivity.--The Director may not serve in any other 
     capacity within the Federal Government while serving as 
     Director.
       (6) Term.--The term of the Director, including any official 
     acting in the role of the Director, shall terminate on the 
     date described in subsection (k).
       (d) Membership.--
       (1) Federal government representatives.--The Task Force 
     shall include the following individuals or the designees of 
     such individuals:
       (A) The Secretary.
       (B) The Secretary of the Treasury.
       (C) The Director of the National Institute of Standards and 
     Technology.
       (D) The Director of the Financial Crimes Enforcement 
     Network.
       (E) The Commissioner of Social Security.
       (F) The Secretary of State.
       (G) The Administrator of General Services.
       (H) The Director of the Office of Management and Budget.
       (I) The Postmaster General of the United States Postal 
     Service.
       (J) The National Cyber Director.
       (K) The Attorney General.
       (L) The heads of other Federal agencies or offices as the 
     President may designate or invite, as appropriate.
       (2) State, local, tribal, and territorial government 
     representatives.--The Director shall appoint to the Task 
     Force 6 State, local, Tribal, or territorial government 
     officials who represent agencies that issue identity 
     credentials and who have--
       (A) experience in identity technology and services;
       (B) knowledge of the systems used to provide identity 
     credentials; or
       (C) any other qualifications or competencies that may help 
     achieve balance or otherwise support the mission of the Task 
     Force.
       (3) Nongovernmental experts.--
       (A) In general.--The Director shall appoint to the Task 
     Force 5 nongovernmental experts.
       (B) Specific appointments.--The experts appointed under 
     subparagraph (A) shall include the following:
       (i) A member who is a privacy and civil liberties expert.
       (ii) A member who is a technical expert in identity 
     verification.
       (iii) A member who is a technical expert in cybersecurity 
     focusing on identity verification services.
       (iv) A member who represents the identity verification 
     services industry.
       (v) A member who represents a party that relies on 
     effective identity verification services to conduct business.
       (e) Working Groups.--The Director shall organize the 
     members of the Task Force into appropriate working groups for 
     the purpose of increasing the efficiency and effectiveness of 
     the Task Force, as appropriate.
       (f) Meetings.--The Task Force shall--
       (1) convene at the call of the Director; and
       (2) provide an opportunity for public comment in accordance 
     with section 1009(a)(3) of title 5, United States Code.
       (g) Duties.--In carrying out the purpose described in 
     subsection (b), the Task Force shall--
       (1) identify Federal, State, local, Tribal, and territorial 
     agencies that issue identity credentials or hold information 
     relating to identifying an individual;
       (2) assess restrictions with respect to the abilities of 
     the agencies described in paragraph (1) to verify identity 
     information for other agencies and nongovernmental 
     organizations;
       (3) assess any necessary changes in statutes, regulations, 
     or policy to address any restrictions assessed under 
     paragraph (2);
       (4) recommend a strategy, based on existing standards, to 
     enable agencies to provide services relating to digital 
     identity verification in a way that--
       (A) is secure, protects privacy, and protects individuals 
     against unfair and misleading practices;
       (B) prioritizes equity and accessibility;
       (C) requires individual consent for the provision of 
     digital identify verification services by a Federal, State, 
     local, Tribal, or territorial agency;
       (D) is interoperable among participating Federal, State, 
     local, Tribal, and territorial agencies, as appropriate and 
     in accordance with applicable laws; and
       (E) prioritizes technical standards developed by voluntary 
     consensus standards bodies in accordance with section 12(d) 
     of the National Technology Transfer and Advancement Act of 
     1995 (15 U.S.C. 272 note) and guidance under OMB Circular A-
     119, entitled ``Federal Participation in the Development and 
     Use of Voluntary Consensus Standards and in Conformity 
     Assessment Activities'', or any successor thereto;
       (5) recommend principles to promote policies for shared 
     identity proofing across public sector agencies, which may 
     include single sign-on or broadly accepted attestations;
       (6) identify funding or other resources needed to support 
     the agencies described in paragraph (4) that provide digital 
     identity verification, including recommendations with respect 
     to the need for and the design of a Federal grant program to 
     implement the recommendations of the Task Force and 
     facilitate the development and upgrade of State, local, 
     Tribal, and territorial highly-secure interoperable systems 
     that enable digital identity verification;
       (7) recommend funding models to provide digital identity 
     verification to private sector entities, which may include 
     fee-based funding models;
       (8) determine if any additional steps are necessary with 
     respect to Federal, State, local, Tribal, and territorial 
     agencies to improve digital identity verification and 
     management processes for the purpose of enhancing the 
     security, reliability, privacy, accessibility, equity, and 
     convenience of digital identity solutions that support and 
     protect transactions between individuals, government 
     entities, and businesses; and
       (9) undertake other activities necessary to assess and 
     address other matters relating to digital identity 
     verification, including with respect to--
       (A) the potential exploitation of digital identity tools or 
     associated products and services by malign actors;
       (B) privacy implications; and
       (C) increasing access to foundational identity documents.
       (h) Prohibition.--The Task Force may not implicitly or 
     explicitly recommend the creation of--
       (1) a single identity credential provided or mandated by 
     the Federal Government for the purposes of verifying identity 
     or associated attributes;
       (2) a unilateral central national identification registry 
     relating to digital identity verification; or
       (3) a requirement that any individual be forced to use 
     digital identity verification for a given public purpose.
       (i) Required Consultation.--The Task Force shall closely 
     consult with leaders of Federal, State, local, Tribal, and 
     territorial governments and nongovernmental leaders, which 
     shall include the following:
       (1) The Secretary of Education.
       (2) The heads of other Federal agencies and offices 
     determined appropriate by the Director.
       (3) State, local, Tribal, and territorial government 
     officials focused on identity, such as information technology 
     officials and directors of State departments of motor 
     vehicles and vital records bureaus.
       (4) Digital privacy experts.
       (5) Civil liberties experts.
       (6) Technology and cybersecurity experts.
       (7) Users of identity verification services.
       (8) Representatives with relevant expertise from academia 
     and advocacy organizations.
       (9) Industry representatives with experience implementing 
     digital identity systems.
       (10) Identity theft and fraud prevention experts, including 
     advocates for victims of identity theft and fraud.
       (j) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of enactment of this Act, the Director shall submit to the 
     appropriate notification entities a report on the activities 
     of the Task Force, including--
       (A) recommendations on--
       (i) implementing the strategy pursuant to subsection 
     (g)(4); and

[[Page S2820]]

       (ii) methods to leverage digital driver's licenses, 
     distributed ledger technology, and other technologies; and
       (B) summaries of the input and recommendations of the 
     leaders consulted under subsection (i).
       (2) Interim reports.--
       (A) In general.--The Director may submit to the appropriate 
     notification entities interim reports the Director determines 
     necessary to support the work of the Task Force and educate 
     the public.
       (B) Mandatory report.--Not later than the date that is 18 
     months after the date of enactment of this Act, the Director 
     shall submit to the appropriate notification entities an 
     interim report addressing--
       (i) the matters described in paragraphs (1), (2), (4), and 
     (6) of subsection (g); and
       (ii) any other matters the Director determines necessary to 
     support the work of the Task Force and educate the public.
       (3) Final report.--Not later than 180 days before the date 
     described in subsection (k), the Director shall submit to the 
     appropriate notification entities a final report that 
     includes recommendations for the President and Congress 
     relating to any relevant matter within the scope of the 
     duties of the Task Force.
       (4) Public availability.--The Task Force shall make the 
     reports required under this subsection publicly available on 
     a centralized website as an open Government data asset (as 
     defined in section 3502 of title 44, United States Code).
       (k) Sunset.--The Task Force shall conclude business on the 
     date that is 3 years after the date of enactment of this Act.

     SEC. 6035. SECURITY ENHANCEMENTS TO FEDERAL SYSTEMS.

       (a) Guidance for Federal Agencies.--Not later than 180 days 
     after the date on which the Director submits the report 
     required under section 6034(j)(1), the Director of the Office 
     of Management and Budget shall issue guidance to Federal 
     agencies for the purpose of implementing any recommendations 
     included in such report determined appropriate by the 
     Director of the Office of Management and Budget.
       (b) Reports on Federal Agency Progress Improving Digital 
     Identity Verification Capabilities.--
       (1) Annual report on guidance implementation.--Not later 
     than 1 year after the date of the issuance of guidance under 
     subsection (a), and annually thereafter, the head of each 
     Federal agency shall submit to the Director of the Office of 
     Management and Budget a report on the efforts of the Federal 
     agency to implement that guidance.
       (2) Public report.--
       (A) In general.--Not later than 45 days after the date of 
     the issuance of guidance under subsection (a), and annually 
     thereafter, the Director shall develop and make publicly 
     available a report that includes--
       (i) a list of digital identity verification services 
     offered by Federal agencies;
       (ii) the volume of digital identity verifications performed 
     by each Federal agency;
       (iii) information relating to the effectiveness of digital 
     identity verification services by Federal agencies; and
       (iv) recommendations to improve the effectiveness of 
     digital identity verification services by Federal agencies.
       (B) Consultation.--In developing the first report required 
     under subparagraph (A), the Director shall consult the Task 
     Force.
       (3) Congressional report on federal agency digital identity 
     capabilities.--
       (A) Reform.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Director of 
     the Cybersecurity and Infrastructure Security Agency, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Accountability of the House of Representatives a report 
     relating to the implementation and effectiveness of the 
     digital identity capabilities of Federal agencies.
       (B) Consultation.--In developing the report required under 
     subparagraph (A), the Director of the Office of Management 
     and Budget shall--
       (i) consult with the Task Force; and
       (ii) to the greatest extent practicable, include in the 
     report recommendations of the Task Force.
       (C) Contents of report.--The report required under 
     subparagraph (A) shall include--
       (i) an analysis, including metrics and milestones, for the 
     implementation by Federal agencies of--

       (I) the guidelines published by the National Institute of 
     Standards and Technology in the document entitled ``Special 
     Publication 800-63'' (commonly referred to as the ``Digital 
     Identity Guidelines''), or any successor document; and
       (II) if feasible, any additional requirements relating to 
     enhancing digital identity capabilities identified in the 
     document of the Office of Management and Budget entitled ``M-
     19-17'' and issued on May 21, 2019, or any successor 
     document;

       (ii) a review of measures taken to advance the equity, 
     accessibility, cybersecurity, and privacy of digital identity 
     verification services offered by Federal agencies; and
       (iii) any other relevant data, information, or plans for 
     Federal agencies to improve the digital identity capabilities 
     of Federal agencies.
       (c) Additional Reports.--On the first March 1 occurring 
     after the date described in subsection (b)(3)(A), and 
     annually thereafter, the Director of the Office of Management 
     and Budget, in consultation with the Director of the National 
     Institute of Standards and Technology, shall include in the 
     report required under section 3553(c) of title 44, United 
     States Code--
       (1) any additional and ongoing reporting on the matters 
     described in subsection (b)(3)(C); and
       (2) associated information collection mechanisms.

     SEC. 6036. GAO REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the estimated 
     potential savings, including estimated annual potential 
     savings, due to the increased adoption and widespread use of 
     digital identification, of--
       (1) the Federal Government from averted fraud, including 
     benefit fraud; and
       (2) the economy of the United States and consumers from 
     averted identity theft.
       (b) Contents.--Among other variables the Comptroller 
     General of the United States determines relevant, the report 
     required under subsection (a) shall include multiple 
     scenarios with varying uptake rates to demonstrate a range of 
     possible outcomes.

        Subtitle C--Federal Data Center Enhancement Act of 2023

     SEC. 6041. SHORT TITLE.

       This subtitle may be cited as the ``Federal Data Center 
     Enhancement Act of 2023''.

     SEC. 6042. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE 
                   AMENDMENTS.

       (a) Findings.--Congress finds the following:
       (1) The statutory authorization for the Federal Data Center 
     Optimization Initiative under section 834 of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) expired at the end of fiscal year 2022.
       (2) The expiration of the authorization described in 
     paragraph (1) presents Congress with an opportunity to review 
     the objectives of the Federal Data Center Optimization 
     Initiative to ensure that the initiative is meeting the 
     current needs of the Federal Government.
       (3) The initial focus of the Federal Data Center 
     Optimization Initiative, which was to consolidate data 
     centers and create new efficiencies, has resulted in, since 
     2010--
       (A) the consolidation of more than 6,000 Federal data 
     centers; and
       (B) cost savings and avoidance of $5,800,000,000.
       (4) The need of the Federal Government for access to data 
     and data processing systems has evolved since the date of 
     enactment in 2014 of subtitle D of title VIII of the Carl 
     Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015.
       (5) Federal agencies and employees involved in mission 
     critical functions increasingly need reliable access to 
     secure, reliable, sustainable, and protected facilities to 
     house mission critical data and data operations to meet the 
     immediate needs of the people of the United States.
       (6) As of the date of enactment of this subtitle, there is 
     a growing need for Federal agencies to use data centers and 
     cloud applications that meet high standards for 
     cybersecurity, resiliency, availability, and sustainability.
       (b) Minimum Requirements for New Data Centers.--Section 834 
     of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 
     3601 note; Public Law 113-291) is amended--
       (1) in subsection (a), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) New data center.--The term `new data center' means--
       ``(A)(i) a data center or a portion thereof that is owned, 
     operated, or maintained by a covered agency; or
       ``(ii) to the extent practicable, a data center or portion 
     thereof--
       ``(I) that is owned, operated, or maintained by a 
     contractor on behalf of a covered agency on the date on which 
     the contract between the covered agency and the contractor 
     expires; and
       ``(II) with respect to which the covered agency extends the 
     contract, or enters into a new contract, with the contractor; 
     and
       ``(B) on or after the date that is 180 days after the date 
     of enactment of the Federal Data Center Enhancement Act of 
     2023, a data center or portion thereof that is--
       ``(i) established; or
       ``(ii) substantially upgraded or expanded.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Minimum Requirements for New Data Centers.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Federal Data Center Enhancement Act of 
     2023, the Administrator shall establish minimum requirements 
     for new data centers in consultation with the Administrator 
     of General Services and the Federal Chief Information 
     Officers Council.
       ``(2) Contents.--
       ``(A) In general.--The minimum requirements established 
     under paragraph (1) shall include requirements relating to--
       ``(i) the availability of new data centers;
       ``(ii) the use of new data centers;
       ``(iii) the use of sustainable energy sources;
       ``(iv) uptime percentage;

[[Page S2821]]

       ``(v) protections against power failures, including on-site 
     energy generation and access to multiple transmission paths;
       ``(vi) protections against physical intrusions and natural 
     disasters;
       ``(vii) information security protections required by 
     subchapter II of chapter 35 of title 44, United States Code, 
     and other applicable law and policy; and
       ``(viii) any other requirements the Administrator 
     determines appropriate.
       ``(B) Consultation.--In establishing the requirements 
     described in subparagraph (A)(vii), the Administrator shall 
     consult with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director.
       ``(3) Incorporation of minimum requirements into current 
     data centers.--As soon as practicable, and in any case not 
     later than 90 days after the Administrator establishes the 
     minimum requirements pursuant to paragraph (1), the 
     Administrator shall issue guidance to ensure, as appropriate, 
     that covered agencies incorporate the minimum requirements 
     established under that paragraph into the operations of any 
     data center of a covered agency existing as of the date of 
     enactment of the Federal Data Center Enhancement Act of 2023.
       ``(4) Review of requirements.--The Administrator, in 
     consultation with the Administrator of General Services and 
     the Federal Chief Information Officers Council, shall review, 
     update, and modify the minimum requirements established under 
     paragraph (1), as necessary.
       ``(5) Report on new data centers.--During the development 
     and planning lifecycle of a new data center, if the head of a 
     covered agency determines that the covered agency is likely 
     to make a management or financial decision relating to any 
     data center, the head of the covered agency shall--
       ``(A) notify--
       ``(i) the Administrator;
       ``(ii) Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(iii) Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(B) describe in the notification with sufficient detail 
     how the covered agency intends to comply with the minimum 
     requirements established under paragraph (1).
       ``(6) Use of technology.--In determining whether to 
     establish or continue to operate an existing data center, the 
     head of a covered agency shall--
       ``(A) regularly assess the application portfolio of the 
     covered agency and ensure that each at-risk legacy 
     application is updated, replaced, or modernized, as 
     appropriate, to take advantage of modern technologies; and
       ``(B) prioritize and, to the greatest extent possible, 
     leverage commercial cloud environments rather than acquiring, 
     overseeing, or managing custom data center infrastructure.
       ``(7) Public website.--
       ``(A) In general.--The Administrator shall maintain a 
     public-facing website that includes information, data, and 
     explanatory statements relating to the compliance of covered 
     agencies with the requirements of this section.
       ``(B) Processes and procedures.--In maintaining the website 
     described in subparagraph (A), the Administrator shall--
       ``(i) ensure covered agencies regularly, and not less 
     frequently than biannually, update the information, data, and 
     explanatory statements posed on the website, pursuant to 
     guidance issued by the Administrator, relating to any new 
     data centers and, as appropriate, each existing data center 
     of the covered agency; and
       ``(ii) ensure that all information, data, and explanatory 
     statements on the website are maintained as open Government 
     data assets.''; and
       (3) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The head of a covered agency shall 
     oversee and manage the data center portfolio and the 
     information technology strategy of the covered agency in 
     accordance with Federal cybersecurity guidelines and 
     directives, including--
       ``(A) information security standards and guidelines 
     promulgated by the Director of the National Institute of 
     Standards and Technology;
       ``(B) applicable requirements and guidance issued by the 
     Director of the Office of Management and Budget pursuant to 
     section 3614 of title 44, United States Code; and
       ``(C) directives issued by the Secretary of Homeland 
     Security under section 3553 of title 44, United States 
     Code.''.
       (c) Extension of Sunset.--Section 834(e) of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) is amended by striking ``2022'' and inserting 
     ``2026''.
       (d) GAO Review.--Not later than 1 year after the date of 
     the enactment of this subtitle, and annually thereafter, the 
     Comptroller General of the United States shall review, 
     verify, and audit the compliance of covered agencies with the 
     minimum requirements established pursuant to section 
     834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon 
     National Defense Authorization Act for Fiscal Year 2015 (44 
     U.S.C. 3601 note; Public Law 113-291) for new data centers 
     and subsection (b)(3) of that section for existing data 
     centers, as appropriate.

      TITLE LXI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

            Subtitle A--National Risk Management Act of 2023

     SEC. 6101. SHORT TITLE.

       This subtitle may be cited as the ``National Risk 
     Management Act of 2023''.

     SEC. 6102. NATIONAL RISK MANAGEMENT CYCLE.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2220F. NATIONAL RISK MANAGEMENT CYCLE.

       ``(a) National Critical Functions Defined.--In this 
     section, the term `national critical functions' means the 
     functions of government and the private sector so vital to 
     the United States that their disruption, corruption, or 
     dysfunction would have a debilitating effect on security, 
     national economic security, national public health or safety, 
     or any combination thereof.
       ``(b) National Risk Management Cycle.--
       ``(1) Risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a recurring process by which to 
     identify and assess risks to critical infrastructure, 
     considering both cyber and physical threats and the 
     associated likelihoods, vulnerabilities, and consequences.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult--
       ``(i) Sector Risk Management Agencies;
       ``(ii) critical infrastructure owners and operators;
       ``(iii) the Assistant to the President for National 
     Security Affairs;
       ``(iv) the Assistant to the President for Homeland 
     Security; and
       ``(v) the National Cyber Director.
       ``(C) Process elements.--The process established under 
     subparagraph (A) shall include elements to--
       ``(i) collect relevant information, collected pursuant to 
     section 2218, from Sector Risk Management Agencies relating 
     to the threats, vulnerabilities, and consequences related to 
     the particular sectors of those Sector Risk Management 
     Agencies;
       ``(ii) allow critical infrastructure owners and operators 
     to submit relevant information to the Secretary for 
     consideration; and
       ``(iii) outline how the Secretary will solicit input from 
     other Federal departments and agencies.
       ``(D) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A), subject to any redactions the 
     Secretary determines are necessary to protect classified or 
     other sensitive information.
       ``(E) Report.--The Secretary shall submit to the President, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report on the risks identified by 
     the process established under subparagraph (A)--
       ``(i) not later than 1 year after the date of enactment of 
     this section; and
       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (6 U.S.C. 652a(b)(2)).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) prioritize areas of risk to critical infrastructure 
     that would compromise or disrupt national critical functions 
     impacting national security, economic security, or public 
     health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts, including resource 
     requirements, to be taken to address the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers the first strategy 
     required under paragraph (2)(A), and each year thereafter, 
     the Secretary, in coordination with Sector Risk Management 
     Agencies, shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy delivered under paragraph 
     (2)(A); and

[[Page S2822]]

       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy delivered under paragraph (2)(A).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2220E the following:

``Sec. 2220F. National risk management cycle.''.

         Subtitle B--Securing Open Source Software Act of 2023

     SEC. 6111. SHORT TITLE.

       This subtitle may be cited as the ``Securing Open Source 
     Software Act of 2023''.

     SEC. 6112. FINDINGS.

       Congress finds that--
       (1) open source software fosters technology development and 
     is an integral part of overall cybersecurity;
       (2) a secure, healthy, vibrant, and resilient open source 
     software ecosystem is crucial for ensuring the national 
     security and economic vitality of the United States;
       (3) open source software is part of the foundation of 
     digital infrastructure that promotes a free and open 
     internet;
       (4) due to both the unique strengths of open source 
     software and inconsistent historical investment in open 
     source software security, there exist unique challenges in 
     securing open source software; and
       (5) the Federal Government should play a supporting role in 
     ensuring the long-term security of open source software.

     SEC. 6113. OPEN SOURCE SOFTWARE SECURITY DUTIES.

       (a) In General.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 650 et seq.), as amended by section 6102(a), 
     is amended--
       (1) in section 2200 (6 U.S.C. 650)--
       (A) by redesignating paragraphs (22) through (28) as 
     paragraphs (25) through (31), respectively; and
       (B) by inserting after paragraph (21) the following:
       ``(22) Open source software.--The term `open source 
     software' means software for which the human-readable source 
     code is made available to the public for use, study, re-use, 
     modification, enhancement, and re-distribution.
       ``(23) Open source software community.--The term `open 
     source software community' means the community of 
     individuals, foundations, nonprofit organizations, 
     corporations, and other entities that--
       ``(A) develop, contribute to, maintain, and publish open 
     source software; or
       ``(B) otherwise work to ensure the security of the open 
     source software ecosystem.
       ``(24) Open source software component.--The term `open 
     source software component' means an individual repository of 
     open source software that is made available to the public.'';
       (2) in section 2202(c) (6 U.S.C. 652(c))--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) by redesignating paragraph (14) as paragraph (17); and
       (C) by inserting after paragraph (13) the following:
       ``(14) support, including by offering services, the secure 
     usage and deployment of software, including open source 
     software, in the software development lifecycle at Federal 
     agencies in accordance with section 2220G;''; and
       (3) by adding at the end the following:

     ``SEC. 2220G. OPEN SOURCE SOFTWARE SECURITY DUTIES.

       ``(a) Definition.--In this section, the term `software bill 
     of materials' has the meaning given the term in the Minimum 
     Elements for a Software Bill of Materials published by the 
     Department of Commerce, or any superseding definition 
     published by the Agency.
       ``(b) Employment.--The Director shall, to the greatest 
     extent practicable, employ individuals in the Agency who--
       ``(1) have expertise and experience participating in the 
     open source software community; and
       ``(2) perform the duties described in subsection (c).
       ``(c) Duties of the Director.--
       ``(1) In general.--The Director shall--
       ``(A) perform outreach and engagement to bolster the 
     security of open source software;
       ``(B) support Federal efforts to strengthen the security of 
     open source software;
       ``(C) coordinate, as appropriate, with non-Federal entities 
     on efforts to ensure the long-term security of open source 
     software;
       ``(D) serve as a public point of contact regarding the 
     security of open source software for non-Federal entities, 
     including State, local, Tribal, and territorial partners, the 
     private sector, international partners, and the open source 
     software community; and
       ``(E) support Federal and non-Federal supply chain security 
     efforts by encouraging efforts to bolster open source 
     software security, such as--
       ``(i) assisting in coordinated vulnerability disclosures in 
     open source software components pursuant to section 2209(n); 
     and
       ``(ii) supporting the activities of the Federal Acquisition 
     Security Council.
       ``(2) Assessment of critical open source software 
     components.--
       ``(A) Framework.--Not later than 1 year after the date of 
     enactment of this section, the Director shall publicly 
     publish a framework, incorporating government, industry, and 
     open source software community frameworks and best practices, 
     including those published by the National Institute of 
     Standards and Technology, for assessing the risk of open 
     source software components, including direct and indirect 
     open source software dependencies, which shall incorporate, 
     at a minimum--
       ``(i) the security properties of code in a given open 
     source software component, such as whether the code is 
     written in a memory-safe programming language;
       ``(ii) the security practices of development, build, and 
     release processes of a given open source software component, 
     such as the use of multi-factor authentication by maintainers 
     and cryptographic signing of releases;
       ``(iii) the number and severity of publicly known, 
     unpatched vulnerabilities in a given open source software 
     component;
       ``(iv) the breadth of deployment of a given open source 
     software component;
       ``(v) the level of risk associated with where a given open 
     source software component is integrated or deployed, such as 
     whether the component operates on a network boundary or in a 
     privileged location; and
       ``(vi) the health of the open source software community for 
     a given open source software component, including, where 
     applicable, the level of current and historical investment 
     and maintenance in the open source software component, such 
     as the number and activity of individual maintainers.
       ``(B) Updating framework.--Not less frequently than 
     annually after the date on which the framework is published 
     under subparagraph (A), the Director shall--
       ``(i) determine whether updates are needed to the framework 
     described in subparagraph (A), including the augmentation, 
     addition, or removal of the elements described in clauses (i) 
     through (vi) of such subparagraph; and
       ``(ii) if the Director determines that additional updates 
     are needed under clause (i), make those updates to the 
     framework.
       ``(C) Developing framework.--In developing the framework 
     described in subparagraph (A), the Director shall consult 
     with--
       ``(i) appropriate Federal agencies, including the National 
     Institute of Standards and Technology;
       ``(ii) individuals and nonprofit organizations from the 
     open source software community; and
       ``(iii) private companies from the open source software 
     community.
       ``(D) Usability.--The Director shall ensure, to the 
     greatest extent practicable, that the framework described in 
     subparagraph (A) is usable by the open source software 
     community, including through the consultation described in 
     subparagraph (C).
       ``(E) Federal open source software assessment.--Not later 
     than 1 year after the publication of the framework described 
     in subparagraph (A), and not less frequently than every 2 
     years thereafter, the Director shall, to the greatest extent 
     practicable and using the framework described in subparagraph 
     (A)--
       ``(i) perform an assessment of open source software 
     components used directly or indirectly by Federal agencies 
     based on readily available, and, to the greatest extent 
     practicable, machine readable, information, such as--

       ``(I) software bills of materials that are, at the time of 
     the assessment, made available to the Agency or are otherwise 
     accessible via the internet;
       ``(II) software inventories, available to the Director at 
     the time of the assessment, from the Continuous Diagnostics 
     and Mitigation program of the Agency; and
       ``(III) other publicly available information regarding open 
     source software components; and

       ``(ii) develop 1 or more ranked lists of components 
     described in clause (i) based on the assessment, such as 
     ranked by the criticality, level of risk, or usage of the 
     components, or a combination thereof.
       ``(F) Automation.--The Director shall, to the greatest 
     extent practicable, automate the assessment conducted under 
     subparagraph (E).
       ``(G) Publication.--The Director shall publicly publish and 
     maintain any tools developed to conduct the assessment 
     described in subparagraph (E) as open source software.
       ``(H) Sharing.--
       ``(i) Results.--The Director shall facilitate the sharing 
     of the results of each assessment described in subparagraph 
     (E)(i) with appropriate Federal and non-Federal entities 
     working to support the security of open source software, 
     including by offering means for appropriate Federal and non-
     Federal entities to download the assessment in an automated 
     manner.
       ``(ii) Datasets.--The Director may publicly publish, as 
     appropriate, any datasets or versions of the datasets 
     developed or consolidated as a result of an assessment 
     described in subparagraph (E)(i).
       ``(I) Critical infrastructure assessment study and pilot.--
       ``(i) Study.--Not later than 2 years after the publication 
     of the framework described in subparagraph (A), the Director 
     shall conduct a study regarding the feasibility of the 
     Director conducting the assessment described in subparagraph 
     (E) for critical infrastructure entities.
       ``(ii) Pilot.--

       ``(I) In general.--If the Director determines that the 
     assessment described in

[[Page S2823]]

     clause (i) is feasible, the Director may conduct a pilot 
     assessment on a voluntary basis with 1 or more critical 
     infrastructure sectors, in coordination with the Sector Risk 
     Management Agency and the sector coordinating council of each 
     participating sector.
       ``(II) Termination.--If the Director proceeds with the 
     pilot described in subclause (I), the pilot shall terminate 
     on the date that is 2 years after the date on which the 
     Director begins the pilot.

       ``(iii) Reports.--

       ``(I) Study.--Not later than 180 days after the date on 
     which the Director completes the study conducted under clause 
     (i), the Director shall submit to the appropriate 
     congressional committees a report that--

       ``(aa) summarizes the study; and
       ``(bb) states whether the Director plans to proceed with 
     the pilot described in clause (ii)(I).

       ``(II) Pilot.--If the Director proceeds with the pilot 
     described in clause (ii), not later than 1 year after the 
     date on which the Director begins the pilot, the Director 
     shall submit to the appropriate congressional committees a 
     report that includes--

       ``(aa) a summary of the results of the pilot; and
       ``(bb) a recommendation as to whether the activities 
     carried out under the pilot should be continued after the 
     termination of the pilot described in clause (ii)(II).
       ``(3) Coordination with national cyber director.--The 
     Director shall--
       ``(A) brief the National Cyber Director on the activities 
     described in this subsection; and
       ``(B) coordinate activities with the National Cyber 
     Director, as appropriate.
       ``(4) Reports.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, and every 2 years thereafter, the 
     Director shall submit to the appropriate congressional 
     committees a report that includes--
       ``(i) a summary of the work on open source software 
     security performed by the Director during the period covered 
     by the report, including a list of the Federal and non-
     Federal entities with which the Director interfaced;
       ``(ii) the framework developed under paragraph (2)(A);
       ``(iii) a summary of any updates made to the framework 
     developed under paragraph (2)(A) pursuant to paragraph (2)(B) 
     since the last report submitted under this subparagraph;
       ``(iv) a summary of each assessment conducted pursuant to 
     paragraph (2)(E) since the last report was submitted under 
     this subparagraph;
       ``(v) a summary of changes made to the assessment conducted 
     pursuant to paragraph (2)(E) since the last report submitted 
     under this subparagraph, including overall security trends; 
     and
       ``(vi) a summary of the types of entities with which an 
     assessment conducted pursuant to paragraph (2)(E) since the 
     last reported submitted under this subparagraph was shared 
     pursuant to paragraph (2)(H), including a list of the Federal 
     and non-Federal entities with which the assessment was 
     shared.
       ``(B) Public report.--Not later than 30 days after the date 
     on which the Director submits a report required under 
     subparagraph (A), the Director shall make a version of the 
     report publicly available on the website of the Agency.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     6102(b), is amended by inserting after the item relating to 
     section 2220F the following:

``Sec. 2220G. Open source software security duties.''.

     SEC. 6114. SOFTWARE SECURITY ADVISORY SUBCOMMITTEE.

       Section 2219(d)(1) of the Homeland Security Act of 2002 (6 
     U.S.C. 665e(d)(1)) is amended by adding at the end the 
     following:
       ``(E) Software security, including open source software 
     security.''.

     SEC. 6115. OPEN SOURCE SOFTWARE GUIDANCE.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     the term in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       (2) Covered agency.--The term ``covered agency'' means an 
     agency described in section 901(b) of title 31, United States 
     Code.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552 of 
     title 44, United States Code.
       (5) Open source software; open source software community.--
     The terms ``open source software'' and ``open source software 
     community'' have the meanings given those terms in section 
     2200 of the Homeland Security Act of 2002 (6 U.S.C. 650), as 
     amended by section 6113.
       (b) Guidance.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in coordination with the 
     National Cyber Director, the Director of the Cybersecurity 
     and Infrastructure Security Agency, and the Administrator of 
     General Services, shall issue guidance on the 
     responsibilities of the chief information officer at each 
     covered agency regarding open source software, which shall 
     include--
       (A) how chief information officers at each covered agency 
     should, considering industry and open source software 
     community best practices--
       (i) manage and reduce risks of using open source software; 
     and
       (ii) guide contributing to and releasing open source 
     software;
       (B) how chief information officers should enable, rather 
     than inhibit, the secure usage of open source software at 
     each covered agency;
       (C) any relevant updates to the Memorandum M-16-21 issued 
     by the Office of Management and Budget on August 8, 2016, 
     entitled, ``Federal Source Code Policy: Achieving Efficiency, 
     Transparency, and Innovation through Reusable and Open Source 
     Software''; and
       (D) how covered agencies may contribute publicly to open 
     source software that the covered agency uses, including how 
     chief information officers should encourage those 
     contributions.
       (2) Exemption of national security systems.--The guidance 
     issued under paragraph (1) shall not apply to national 
     security systems.
       (c) Pilot.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the chief information officer of each 
     covered agency selected under paragraph (2), in coordination 
     with the Director, the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall establish a 
     pilot open source function at the covered agency that--
       (A) is modeled after open source program offices, such as 
     those in the private sector, the nonprofit sector, academia, 
     and other non-Federal entities; and
       (B) shall--
       (i) support the secure usage of open source software at the 
     covered agency;
       (ii) develop policies and processes for contributions to 
     and releases of open source software at the covered agency, 
     in consultation, as appropriate, with the offices of general 
     counsel and procurement of the covered agency;
       (iii) interface with the open source software community; 
     and
       (iv) manage and reduce risks of using open source software 
     at the covered agency.
       (2) Selection of pilot agencies.--The Director, in 
     coordination with the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall select not less 
     than 1 and not more than 5 covered agencies to conduct the 
     pilot described in paragraph (1).
       (3) Assessment.--Not later than 1 year after the 
     establishment of the pilot open source functions described in 
     paragraph (1), the Director, in coordination with the 
     National Cyber Director, the Director of the Cybersecurity 
     and Infrastructure Security Agency, and the Administrator of 
     General Services, shall assess whether open source functions 
     should be established at some or all covered agencies, 
     including--
       (A) how to organize those functions within covered 
     agencies, such as the creation of open source program 
     offices; and
       (B) appropriate roles and responsibilities for those 
     functions.
       (4) Guidance.--Notwithstanding the termination of the pilot 
     open source functions under paragraph (5), if the Director 
     determines, based on the assessment described in paragraph 
     (3), that some or all of the open source functions should be 
     established at some or all covered agencies, the Director, in 
     coordination with the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall issue guidance 
     on the implementation of those functions.
       (5) Termination.--The pilot open source functions described 
     in paragraph (1) shall terminate not later than 4 years after 
     the establishment of the pilot open source functions.
       (d) Briefing and Report.--The Director shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, brief the appropriate congressional committees on 
     the guidance issued under subsection (b); and
       (2) not later than 540 days after the establishment of the 
     pilot open source functions under subsection (c)(1), submit 
     to the appropriate congressional committees a report on--
       (A) the pilot open source functions; and
       (B) the results of the assessment conducted under 
     subsection (c)(3).
       (e) Duties.--Section 3554(b) of title 44, United States 
     Code, as amended by section 5103, is amended by inserting 
     after paragraph (7) the following:
       ``(8) plans and procedures to ensure the secure usage and 
     development of software, including open source software (as 
     defined in section 2200 of the Homeland Security Act of 2002 
     (6 U.S.C. 650));''.

     SEC. 6116. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed to provide any additional 
     regulatory authority to any Federal agency described therein.

            Subtitle C--National Cybersecurity Awareness Act

     SEC. 6121. SHORT TITLE.

       This subtitle may be cited as the ``National Cybersecurity 
     Awareness Act''.

[[Page S2824]]

  


     SEC. 6122. FINDINGS.

       Congress finds the following:
       (1) The presence of ubiquitous internet-connected devices 
     in the everyday lives of citizens of the United States has 
     created opportunities for constant connection and 
     modernization.
       (2) A connected society is subject to cybersecurity threats 
     that can compromise even the most personal and sensitive of 
     information.
       (3) Connected critical infrastructure is subject to 
     cybersecurity threats that can compromise fundamental 
     economic, health, and safety functions.
       (4) The Government of the United States plays an important 
     role in safeguarding the nation from malicious cyber 
     activity.
       (5) A citizenry that is knowledgeable regarding 
     cybersecurity is critical to building a robust cybersecurity 
     posture and reducing the threat of cyber attackers stealing 
     sensitive information and causing public harm.
       (6) While Cybersecurity Awareness Month is critical to 
     supporting national cybersecurity awareness, it cannot be a 
     once-a-year activity, and there must be a sustained, constant 
     effort to raise awareness about cyber hygiene, encourage 
     individuals in the United States to learn cyber skills, and 
     communicate the ways that cyber skills and careers in cyber 
     advance individual and societal security, privacy, safety, 
     and well-being.

     SEC. 6123. CYBERSECURITY AWARENESS.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by 
     section 6113(a), is amended by adding at the end the 
     following:

     ``SEC. 2220H. CYBERSECURITY AWARENESS CAMPAIGNS.

       ``(a) Definition.--In this section, the term `Campaign 
     Program' means the campaign program established under 
     subsection (b)(1).
       ``(b) Awareness Campaign Program.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the National Cybersecurity Awareness Act, the 
     Director, in coordination with appropriate Federal agencies, 
     shall establish a program for planning and coordinating 
     Federal cybersecurity awareness campaigns.
       ``(2) Activities.--In carrying out the Campaign Program, 
     the Director shall--
       ``(A) inform non-Federal entities of voluntary cyber 
     hygiene best practices, including information on how to--
       ``(i) prevent cyberattacks; and
       ``(ii) mitigate cybersecurity risks; and
       ``(B) consult with private sector entities, State, local, 
     Tribal, and territorial governments, academia, nonprofit 
     organizations, and civil society--
       ``(i) to promote cyber hygiene best practices and the 
     importance of cyber skills, including by focusing on tactics 
     that are cost effective and result in significant 
     cybersecurity improvement, such as--

       ``(I) maintaining strong passwords and the use of password 
     managers;
       ``(II) enabling multi-factor authentication, including 
     phishing-resistant multi-factor authentication;
       ``(III) regularly installing software updates;
       ``(IV) using caution with email attachments and website 
     links; and
       ``(V) other cyber hygienic considerations, as appropriate;

       ``(ii) to promote awareness of cybersecurity risks and 
     mitigation with respect to malicious applications on 
     internet-connected devices, including applications to control 
     those devices or use devices for unauthorized surveillance of 
     users;
       ``(iii) to help consumers identify products that are 
     designed to support user and product security, such as 
     products designed using the Secure-by-Design and Secure-by-
     Default principles of the Agency or the Recommended Criteria 
     for Cybersecurity Labeling for Consumer Internet of Things 
     (IoT) Products of the National Institute of Standards and 
     Technology, published February 4, 2022 (or any subsequent 
     version);
       ``(iv) to coordinate with other Federal agencies, as 
     determined appropriate by the Director, to--

       ``(I) develop and promote relevant cybersecurity-related 
     and cyber skills-related awareness activities and resources; 
     and
       ``(II) ensure the Federal Government is coordinated in 
     communicating accurate and timely cybersecurity information;

       ``(v) to expand nontraditional outreach mechanisms to 
     ensure that entities, including low-income and rural 
     communities, small and medium sized businesses and 
     institutions, and State, local, Tribal, and territorial 
     partners, receive cybersecurity awareness outreach in an 
     equitable manner; and
       ``(vi) to encourage participation in cyber workforce 
     development ecosystems and to expand adoption of best 
     practices to grow the national cyber workforce.
       ``(3) Reporting.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the National Cybersecurity Awareness Act, and 
     annually thereafter, the Director, in consultation with the 
     heads of appropriate Federal agencies, shall submit to the 
     appropriate congressional committees a report regarding the 
     Campaign Program.
       ``(B) Contents.--Each report submitted pursuant to 
     subparagraph (A) shall include--
       ``(i) a summary of the activities of the Agency that 
     support promoting cybersecurity awareness under the Campaign 
     Program, including consultations made under paragraph (2)(B);
       ``(ii) an assessment of the effectiveness of techniques and 
     methods used to promote national cybersecurity awareness 
     under the Campaign Program; and
       ``(iii) recommendations on how to best promote 
     cybersecurity awareness nationally.
       ``(c) Cybersecurity Campaign Resources.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the National Cybersecurity Awareness Act, the 
     Director shall develop and maintain a repository for the 
     resources, tools, and public communications of the Agency 
     that promote cybersecurity awareness.
       ``(2) Requirements.--The resources described in paragraph 
     (1) shall be--
       ``(A) made publicly available online; and
       ``(B) regularly updated to ensure the public has access to 
     relevant and timely cybersecurity awareness information.''.
       (b) Responsibilities of the Cybersecurity and 
     Infrastructure Security Agency.--Section 2202(c) of the 
     Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
       (1) in paragraph (13), by striking ``; and'' and inserting 
     a semicolon;
       (2) by redesignating paragraph (14) as paragraph (16); and
       (3) by inserting after paragraph (13) the following:
       ``(14) lead and coordinate Federal efforts to promote 
     national cybersecurity awareness;''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 6113(b), is 
     amended by inserting after the item relating to section 2220G 
     the following:

``Sec. 2220H. Cybersecurity awareness campaigns.''.

        Subtitle D--DHS International Cyber Partner Act of 2023

     SEC. 6131. SHORT TITLE.

       This subtitle may be cited as the ``DHS International Cyber 
     Partner Act of 2023''.

     SEC. 6132. PURPOSE.

       The purposes of this subtitle are to--
       (1) authorize the Secretary of Homeland Security to assign 
     personnel to foreign locations to support the missions of the 
     Department of Homeland Security; and
       (2) provide assistance and expertise to foreign 
     governments, international organizations, and international 
     entities on cybersecurity and infrastructure security.

     SEC. 6133. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.

       (a) In General.--Title I of the Homeland Security Act of 
     2002 (6 U.S.C. 111 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 104. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.

       ``(a) International Assignment.--
       ``(1) In general.--The Secretary, with the concurrence of 
     the Secretary of State, may assign personnel of the 
     Department to a duty station that is located outside the 
     United States at which the Secretary determines 
     representation of the Department is necessary to accomplish 
     the cybersecurity and infrastructure security missions of the 
     Department and to carry out duties and activities as assigned 
     by the Secretary.
       ``(2) Concurrence on activities.--The activities of 
     personnel of the Department who are assigned under this 
     subsection shall be--
       ``(A) performed with the concurrence of the chief of 
     mission to the foreign country to which such personnel are 
     assigned; and
       ``(B) consistent with the duties and powers of the 
     Secretary of State and the chief of mission for a foreign 
     country under section 103 of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 
     207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), 
     respectively.
       ``(b) International Support.--
       ``(1) In general.--If the Secretary makes a determination 
     described in paragraph (2), the Secretary, with the 
     concurrence of the Secretary of State, may provide equipment, 
     services, technical assistance, or expertise on 
     cybersecurity, infrastructure security, and resilience to a 
     foreign government, an international organization, or an 
     international entity, with or without reimbursement, 
     including, as appropriate--
       ``(A) cybersecurity and infrastructure security advice, 
     training, capacity development, education, best practices, 
     incident response, threat hunting, and other similar 
     capabilities;
       ``(B) sharing and exchanging cybersecurity and 
     infrastructure security information, including research and 
     development, threat indicators, risk assessments, strategies, 
     and security recommendations;
       ``(C) cybersecurity and infrastructure security test and 
     evaluation support and services;
       ``(D) cybersecurity and infrastructure security research 
     and development support and services; and
       ``(E) any other assistance that the Secretary prescribes.
       ``(2) Determination.--A determination described in this 
     paragraph is a determination by the Secretary that providing 
     equipment, services, technical assistance, or expertise under 
     paragraph (1) would--
       ``(A) further the homeland security interests of the United 
     States; and
       ``(B) enhance the ability of a foreign government, an 
     international organization, or an international entity to 
     work cooperatively with the United States to advance the 
     homeland security interests of the United States.

[[Page S2825]]

       ``(3) Limitations.--Any equipment provided under paragraph 
     (1)--
       ``(A) may not include offensive security capabilities; and
       ``(B) shall be limited to enabling defensive cybersecurity 
     and infrastructure security activities by the receiving 
     entity, such as cybersecurity tools or explosive detection 
     and mitigation equipment.
       ``(4) Reimbursement of expenses.--If the Secretary 
     determines that collection of payment is appropriate, the 
     Secretary is authorized to collect payment from the receiving 
     entity for the cost of equipment, services, technical 
     assistance, and expertise provided under paragraph (1) and 
     any accompanying shipping costs.
       ``(5) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any amount collected under paragraph (4)--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the equipment, services, technical 
     assistance, or expertise for which the payment is received; 
     and
       ``(B) shall remain available until expended for the purpose 
     of providing for the security interests of the homeland.
       ``(c) Rule of Construction.--This section shall not be 
     construed to affect, augment, or diminish the authority of 
     the Secretary of State.
       ``(d) Congressional Reporting and Notification.--
       ``(1) Report on assistance.--Not later than 1 year after 
     the date of enactment of the DHS International Cyber Partner 
     Act of 2023, and every year thereafter, the Secretary shall 
     provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     that includes, for each instance in which assistance is 
     provided under subsection (b)--
       ``(A) the foreign government, international organization, 
     or international entity provided the assistance;
       ``(B) the reason for providing the assistance;
       ``(C) the equipment, services, technical assistance, or 
     expertise provided; and
       ``(D) whether the equipment, services, technical 
     assistance, or expertise was provided on a reimbursable or 
     nonreimbursable basis, and the rational for why the 
     assistance was provided with or without reimbursement.
       ``(2) Copies of agreements.--Not later than 30 days after 
     the effective date, under the authority under subsection (b), 
     of a contract, memorandum, or agreement with a foreign 
     government, international organization, or international 
     entity to provide assistance, the Secretary shall provide to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives a copy of the contract, memorandum, 
     or agreement.
       ``(3) Notice on assignments.--Not later than 30 days after 
     assigning personnel to a duty station located outside the 
     United States in accordance with subsection (a)(1), the 
     Secretary shall notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     the assignment.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     196; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 103 the following:

``Sec. 104. International assignment and assistance.''.

     SEC. 6134. CISA ACTIVITIES.

       (a) Director.--Section 2202(c) of the Homeland Security Act 
     of 2002 (6 U.S.C. 652(c)), as amended by section 6123(b), is 
     amended by inserting after paragraph (14) the following:
       ``(15) provide support for the cybersecurity and physical 
     security of critical infrastructure of international partners 
     and allies in furtherance of the homeland security interests 
     of the United States, which may include, consistent with 
     section 104, assigning personnel to a duty station that is 
     located outside the United States and providing equipment, 
     services, technical assistance, or expertise; and''.
       (b) Foreign Locations.--Section 2202(g)(1) of the Homeland 
     Security Act of 2002 (6 U.S.C. 652(g)(1)) is amended by 
     inserting ``, including locations outside the United States'' 
     before the period at the end.
       (c) Cyber Planning.--Section 2216 of the Homeland Security 
     Act of 2002 (6 U.S.C. 665b) is amended--
       (1) in subsection (a), in the first sentence, by inserting 
     ``, including international partners, as appropriate'' after 
     ``for public and private sector entities''; and
       (2) in subsection (c)(2)--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following
       ``(G) for planning with international partners, the 
     Department of State.''.

     SEC. 6135. LIMITATIONS.

       Under the authority provided under this subtitle, or an 
     amendment made by this subtitle, the Secretary of Homeland 
     Security may not--
       (1) engage in any activity that would censor a citizen of 
     the United States;
       (2) conduct surveillance of a citizen of the United States; 
     or
       (3) interfere with an election in the United States.

  Subtitle E--Department of Homeland Security Civilian Cybersecurity 
                              Reserve Act

     SEC. 6141. SHORT TITLE.

       This subtitle may be cited as the ``Department of Homeland 
     Security Civilian Cybersecurity Reserve Act''.

     SEC. 6142. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Cybersecurity 
     and Infrastructure Security Agency.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (3) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (4) Director.--The term ``Director'' means the Director of 
     the Agency.
       (5) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (6) Significant incident.--The term ``significant 
     incident''--
       (A) means an incident or a group of related incidents that 
     results, or is likely to result, in demonstrable harm to--
       (i) the national security interests, foreign relations, or 
     economy of the United States; or
       (ii) the public confidence, civil liberties, or public 
     health and safety of the people of the United States; and
       (B) does not include an incident or a portion of a group of 
     related incidents that occurs on--
       (i) a national security system, as defined in section 3552 
     of title 44, United States Code; or
       (ii) an information system described in paragraph (2) or 
     (3) of section 3553(e) of title 44, United States Code.
       (7) Temporary position.--The term ``temporary position'' 
     means a position in the competitive or excepted service for a 
     period of 6 months or less.
       (8) Uniformed services.--The term ``uniformed services'' 
     has the meaning given the term in section 2101 of title 5, 
     United States Code.
       (b) Pilot Project.--
       (1) In general.--The Director may carry out a pilot project 
     to establish a Civilian Cybersecurity Reserve at the Agency.
       (2) Purpose.--The purpose of a Civilian Cybersecurity 
     Reserve is to enable the Agency to effectively respond to 
     significant incidents.
       (3) Alternative methods.--Consistent with section 4703 of 
     title 5, United States Code, in carrying out a pilot project 
     authorized under paragraph (1), the Director may, without 
     further authorization from the Office of Personnel 
     Management, provide for alternative methods of--
       (A) establishing qualifications requirements for, 
     recruitment of, and appointment to positions; and
       (B) classifying positions.
       (4) Appointments.--Under the pilot project authorized under 
     paragraph (1), upon occurrence of a significant incident, the 
     Director--
       (A) may activate members of the Civilian Cybersecurity 
     Reserve by--
       (i) noncompetitively appointing members of the Civilian 
     Cybersecurity Reserve to temporary positions in the 
     competitive service; or
       (ii) appointing members of the Civilian Cybersecurity 
     Reserve to temporary positions in the excepted service;
       (B) shall notify Congress whenever a member is activated 
     under subparagraph (A); and
       (C) may appoint not more than 30 members to temporary 
     positions.
       (5) Status as employees.--An individual appointed under 
     paragraph (4) shall be considered a Federal civil service 
     employee under section 2105 of title 5, United States Code.
       (6) Additional employees.--Individuals appointed under 
     paragraph (4) shall be in addition to any employees of the 
     Agency who provide cybersecurity services.
       (7) Employment protections.--The Secretary of Labor shall 
     prescribe such regulations as necessary to ensure the 
     reemployment, continuation of benefits, and non-
     discrimination in reemployment of individuals appointed under 
     paragraph (4), provided that such regulations shall include, 
     at a minimum, those rights and obligations set forth under 
     chapter 43 of title 38, United States Code.
       (8) Status in reserve.--During the period beginning on the 
     date on which an individual is recruited by the Agency to 
     serve in the Civilian Cybersecurity Reserve and ending on the 
     date on which the individual is appointed under paragraph 
     (4), and during any period in between any such appointments, 
     the individual shall not be considered a Federal employee.

[[Page S2826]]

       (c) Eligibility; Application and Selection.--
       (1) In general.--Under the pilot project authorized under 
     subsection (b)(1), the Director shall establish criteria 
     for--
       (A) individuals to be eligible for the Civilian 
     Cybersecurity Reserve; and
       (B) the application and selection processes for the 
     Civilian Cybersecurity Reserve.
       (2) Requirements for individuals.--The criteria established 
     under paragraph (1)(A) with respect to an individual shall 
     include--
       (A) previous employment--
       (i) by the executive branch;
       (ii) within the uniformed services;
       (iii) as a Federal contractor within the executive branch; 
     or
       (iv) by a State, local, Tribal, or territorial government;
       (B) if the individual has previously served as a member of 
     the Civilian Cybersecurity Reserve of the Agency, that the 
     previous appointment ended not less than 60 days before the 
     individual may be appointed for a subsequent temporary 
     position in the Civilian Cybersecurity Reserve of the Agency; 
     and
       (C) cybersecurity expertise.
       (3) Prescreening.--The Agency shall--
       (A) conduct a prescreening of each individual prior to 
     appointment under subsection (b)(4) for any topic or product 
     that would create a conflict of interest; and
       (B) require each individual appointed under subsection 
     (b)(4) to notify the Agency if a potential conflict of 
     interest arises during the appointment.
       (4) Agreement required.--An individual may become a member 
     of the Civilian Cybersecurity Reserve only if the individual 
     enters into an agreement with the Director to become such a 
     member, which shall set forth the rights and obligations of 
     the individual and the Agency.
       (5) Exception for continuing military service 
     commitments.--A member of the Selected Reserve under section 
     10143 of title 10, United States Code, may not be a member of 
     the Civilian Cybersecurity Reserve.
       (6) Priority.--In appointing individuals to the Civilian 
     Cybersecurity Reserve, the Agency shall prioritize the 
     appointment of individuals described in clause (i) or (ii) of 
     paragraph (2)(A) before considering individuals described in 
     clause (iii) or (iv) of paragraph (2)(A).
       (7) Prohibition.--Any individual who is an employee (as 
     defined in section 2105 of title 5, United States Code) of 
     the executive branch may not be recruited or appointed to 
     serve in the Civilian Cybersecurity Reserve.
       (d) Security Clearances.--
       (1) In general.--The Director shall ensure that all members 
     of the Civilian Cybersecurity Reserve undergo the appropriate 
     personnel vetting and adjudication commensurate with the 
     duties of the position, including a determination of 
     eligibility for access to classified information where a 
     security clearance is necessary, according to applicable 
     policy and authorities.
       (2) Cost of sponsoring clearances.--If a member of the 
     Civilian Cybersecurity Reserve requires a security clearance 
     in order to carry out their duties, the Agency shall be 
     responsible for the cost of sponsoring the security clearance 
     of that member.
       (e) Study and Implementation Plan.--
       (1) Study.--Not later than 60 days after the date of 
     enactment of this Act, the Agency shall begin a study on the 
     design and implementation of the pilot project authorized 
     under subsection (b)(1) at the Agency, including--
       (A) compensation and benefits for members of the Civilian 
     Cybersecurity Reserve;
       (B) activities that members may undertake as part of their 
     duties;
       (C) methods for identifying and recruiting members, 
     including alternatives to traditional qualifications 
     requirements;
       (D) methods for preventing conflicts of interest or other 
     ethical concerns as a result of participation in the pilot 
     project and details of mitigation efforts to address any 
     conflict of interest concerns;
       (E) resources, including additional funding, needed to 
     carry out the pilot project;
       (F) possible penalties for individuals who do not respond 
     to activation when called, in accordance with the rights and 
     procedures set forth under title 5, Code of Federal 
     Regulations; and
       (G) processes and requirements for training and onboarding 
     members.
       (2) Implementation plan.--Not later than 1 year after 
     beginning the study required under paragraph (1), the Agency 
     shall--
       (A) submit to the appropriate congressional committees an 
     implementation plan for the pilot project authorized under 
     subsection (b)(1); and
       (B) provide to the appropriate congressional committees a 
     briefing on the implementation plan.
       (3) Prohibition.--The Agency may not take any action to 
     begin implementation of the pilot project authorized under 
     subsection (b)(1) until the Agency fulfills the requirements 
     under paragraph (2).
       (f) Project Guidance.--Not later than 2 years after the 
     date of enactment of this Act, the Director shall, in 
     consultation with the Office of Government Ethics, issue 
     guidance establishing and implementing the pilot project 
     authorized under subsection (b)(1) at the Agency.
       (g) Briefings and Report.--
       (1) Briefings.--Not later than 1 year after the date on 
     which the Director issues the guidance required under 
     subsection (f), and every year thereafter, the Agency shall 
     provide to the appropriate congressional committees a 
     briefing on activities carried out under the pilot project 
     authorized under subsection (b)(1), including--
       (A) participation in the Civilian Cybersecurity Reserve, 
     including the number of participants, the diversity of 
     participants, and any barriers to recruitment or retention of 
     members;
       (B) an evaluation of the ethical requirements of the pilot 
     project;
       (C) whether the Civilian Cybersecurity Reserve has been 
     effective in providing additional capacity to the Agency 
     during significant incidents; and
       (D) an evaluation of the eligibility requirements for the 
     pilot project.
       (2) Report.--Not earlier than 6 months and not later than 3 
     months before the date on which the pilot project of the 
     Agency terminates under subsection (i), the Agency shall 
     submit to the appropriate congressional committees a report 
     on, and provide a briefing on recommendations relating to, 
     the pilot project, including recommendations for--
       (A) whether the pilot project should be modified, extended 
     in duration, or established as a permanent program, and if 
     so, an appropriate scope for the program;
       (B) how to attract participants, ensure a diversity of 
     participants, and address any barriers to recruitment or 
     retention of members of the Civilian Cybersecurity Reserve;
       (C) the ethical requirements of the pilot project and the 
     effectiveness of mitigation efforts to address any conflict 
     of interest concerns; and
       (D) an evaluation of the eligibility requirements for the 
     pilot project.
       (h) Evaluation.--Not later than 3 years after the pilot 
     project authorized under subsection (b)(1) is established in 
     the Agency, the Comptroller General of the United States 
     shall--
       (1) conduct a study evaluating the pilot project at the 
     Agency; and
       (2) submit to Congress--
       (A) a report on the results of the study; and
       (B) a recommendation with respect to whether the pilot 
     project should be modified, extended in duration, or 
     established as a permanent program.
       (i) Sunset.--The pilot project authorized under subsection 
     (b)(1) shall terminate on the date that is 4 years after the 
     date on which the pilot project is established, except that 
     an activated member of the Civilian Cybersecurity Reserve who 
     was appointed to and is serving in a temporary position under 
     this section as of the day before that termination date may 
     continue to serve until the end of the appointment.
       (j) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this subtitle.

                Subtitle F--Satellite Cybersecurity Act

     SEC. 6151. SHORT TITLE.

       This subtitle may be cited as the ``Satellite Cybersecurity 
     Act''.

     SEC. 6152. DEFINITIONS.

       In this subtitle:
       (1) Clearinghouse.--The term ``clearinghouse'' means the 
     commercial satellite system cybersecurity clearinghouse 
     required to be developed and maintained under section 
     6154(b)(1).
       (2) Commercial satellite system.--The term ``commercial 
     satellite system''--
       (A) means a system that--
       (i) is owned or operated by a non-Federal entity based in 
     the United States; and
       (ii) is composed of not less than 1 earth satellite; and
       (B) includes--
       (i) any ground support infrastructure for each satellite in 
     the system; and
       (ii) any transmission link among and between any satellite 
     in the system and any ground support infrastructure in the 
     system.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in subsection 
     (e) of the Critical Infrastructure Protection Act of 2001 (42 
     U.S.C. 5195c).
       (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002 (6 U.S.C. 650).
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002 (6 U.S.C. 650).
       (6) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (7) Sector risk management agency.--The term ``sector risk 
     management agency'' has the meaning given the term ``Sector 
     Risk Management Agency'' in section 2200 of the Homeland 
     Security Act of 2002 (6 U.S.C. 650).

     SEC. 6153. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the actions the Federal Government 
     has taken to support the cybersecurity of commercial 
     satellite systems, including as part of any action to address 
     the cybersecurity of critical infrastructure sectors.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security and the Committee on Science, Space, and 
     Technology of the House

[[Page S2827]]

     of Representatives on the study conducted under subsection 
     (a), which shall include information--
       (1) on efforts of the Federal Government, and the 
     effectiveness of those efforts, to--
       (A) address or improve the cybersecurity of commercial 
     satellite systems; and
       (B) support related efforts with international entities or 
     the private sector;
       (2) on the resources made available to the public by 
     Federal agencies to address cybersecurity risks and threats 
     to commercial satellite systems, including resources made 
     available through the clearinghouse;
       (3) on the extent to which commercial satellite systems are 
     reliant on, or relied on by, critical infrastructure;
       (4) that includes an analysis of how commercial satellite 
     systems and the threats to those systems are integrated into 
     Federal and non-Federal critical infrastructure risk analyses 
     and protection plans;
       (5) on the extent to which Federal agencies are reliant on 
     commercial satellite systems and how Federal agencies 
     mitigate cybersecurity risks associated with those systems;
       (6) on the extent to which Federal agencies are reliant on 
     commercial satellite systems that are owned wholly or in part 
     or controlled by foreign entities, or that have 
     infrastructure in foreign countries, and how Federal agencies 
     mitigate associated cybersecurity risks;
       (7) on the extent to which Federal agencies coordinate or 
     duplicate authorities and take other actions focused on the 
     cybersecurity of commercial satellite systems; and
       (8) as determined appropriate by the Comptroller General of 
     the United States, that includes recommendations for further 
     Federal action to support the cybersecurity of commercial 
     satellite systems, including recommendations on information 
     that should be shared through the clearinghouse.
       (c) Consultation.--In carrying out subsections (a) and (b), 
     the Comptroller General of the United States shall coordinate 
     with appropriate Federal agencies and organizations, 
     including--
       (1) the Office of the National Cyber Director;
       (2) the Department of Homeland Security;
       (3) the Department of Commerce;
       (4) the Department of Defense;
       (5) the Department of Transportation;
       (6) the Federal Communications Commission;
       (7) the National Aeronautics and Space Administration;
       (8) the National Executive Committee for Space-Based 
     Positioning, Navigation, and Timing; and
       (9) the National Space Council.
       (d) Briefing.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall provide a briefing to the appropriate 
     congressional committees on the study conducted under 
     subsection (a).
       (e) Classification.--The report made under subsection (b) 
     shall be unclassified but may include a classified annex.

     SEC. 6154. RESPONSIBILITIES OF THE CYBERSECURITY AND 
                   INFRASTRUCTURE SECURITY AGENCY.

       (a) Small Business Concern Defined.--In this section, the 
     term ``small business concern'' has the meaning given the 
     term in section 3 of the Small Business Act (15 U.S.C. 632).
       (b) Establishment of Commercial Satellite System 
     Cybersecurity Clearinghouse.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall develop and 
     maintain a commercial satellite system cybersecurity 
     clearinghouse.
       (2) Requirements.--The clearinghouse--
       (A) shall be publicly available online;
       (B) shall contain publicly available commercial satellite 
     system cybersecurity resources, including the voluntary 
     recommendations consolidated under subsection (c)(1);
       (C) shall contain appropriate materials for reference by 
     entities that develop, operate, or maintain commercial 
     satellite systems;
       (D) shall contain materials specifically aimed at assisting 
     small business concerns with the secure development, 
     operation, and maintenance of commercial satellite systems; 
     and
       (E) may contain controlled unclassified information 
     distributed to commercial entities through a process 
     determined appropriate by the Director.
       (3) Content maintenance.--The Director shall maintain 
     current and relevant cybersecurity information on the 
     clearinghouse.
       (4) Existing platform or website.--To the extent 
     practicable, the Director shall establish and maintain the 
     clearinghouse using an online platform, a website, or a 
     capability in existence as of the date of enactment of this 
     Act.
       (c) Consolidation of Commercial Satellite System 
     Cybersecurity Recommendations.--
       (1) In general.--The Director shall consolidate voluntary 
     cybersecurity recommendations designed to assist in the 
     development, maintenance, and operation of commercial 
     satellite systems.
       (2) Requirements.--The recommendations consolidated under 
     paragraph (1) shall include materials appropriate for a 
     public resource addressing, to the greatest extent 
     practicable, the following:
       (A) Risk-based, cybersecurity-informed engineering, 
     including continuous monitoring and resiliency.
       (B) Planning for retention or recovery of positive control 
     of commercial satellite systems in the event of a 
     cybersecurity incident.
       (C) Protection against unauthorized access to vital 
     commercial satellite system functions.
       (D) Physical protection measures designed to reduce the 
     vulnerabilities of a commercial satellite system's command, 
     control, and telemetry receiver systems.
       (E) Protection against jamming, eavesdropping, hijacking, 
     computer network exploitation, spoofing, threats to optical 
     satellite communications, and electromagnetic pulse.
       (F) Security against threats throughout a commercial 
     satellite system's mission lifetime.
       (G) Management of supply chain risks that affect the 
     cybersecurity of commercial satellite systems.
       (H) Protection against vulnerabilities posed by ownership 
     of commercial satellite systems or commercial satellite 
     system companies by foreign entities.
       (I) Protection against vulnerabilities posed by locating 
     physical infrastructure, such as satellite ground control 
     systems, in foreign countries.
       (J) As appropriate, and as applicable pursuant to the 
     maintenance requirement under subsection (b)(3), relevant 
     findings and recommendations from the study conducted by the 
     Comptroller General of the United States under section 
     6153(a).
       (K) Any other recommendations to ensure the 
     confidentiality, availability, and integrity of data residing 
     on or in transit through commercial satellite systems.
       (d) Implementation.--In implementing this section, the 
     Director shall--
       (1) to the extent practicable, carry out the implementation 
     in partnership with the private sector;
       (2) coordinate with--
       (A) the Office of the National Cyber Director, the National 
     Space Council, and the head of any other agency determined 
     appropriate by the Office of the National Cyber Director or 
     the National Space Council; and
       (B) the heads of appropriate Federal agencies with 
     expertise and experience in satellite operations, including 
     the entities described in section 6153(c), to enable--
       (i) the alignment of Federal efforts on commercial 
     satellite system cybersecurity; and
       (ii) to the extent practicable, consistency in Federal 
     recommendations relating to commercial satellite system 
     cybersecurity; and
       (3) consult with non-Federal entities developing commercial 
     satellite systems or otherwise supporting the cybersecurity 
     of commercial satellite systems, including private, consensus 
     organizations that develop relevant standards.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter until the 
     date that is 9 years after the date of enactment of this Act, 
     the Director shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report summarizing--
       (1) any partnership with the private sector described in 
     subsection (d)(1);
       (2) any consultation with a non-Federal entity described in 
     subsection (d)(3);
       (3) the coordination carried out pursuant to subsection 
     (d)(2);
       (4) the establishment and maintenance of the clearinghouse 
     pursuant to subsection (b);
       (5) the recommendations consolidated pursuant to subsection 
     (c)(1); and
       (6) any feedback received by the Director on the 
     clearinghouse from non-Federal entities.

     SEC. 6155. STRATEGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the National Space Council, jointly with the Office 
     of the National Cyber Director, in coordination with the 
     Director of the Office of Space Commerce and the heads of 
     other relevant agencies, shall submit to the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives a strategy for the activities of Federal 
     agencies to address and improve the cybersecurity of 
     commercial satellite systems, which shall include an 
     identification of--
       (1) proposed roles and responsibilities for relevant 
     agencies; and
       (2) as applicable, the extent to which cybersecurity 
     threats to such systems are addressed in Federal and non-
     Federal critical infrastructure risk analyses and protection 
     plans.

     SEC. 6156. RULES OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to--
       (1) designate commercial satellite systems or other space 
     assets as a critical infrastructure sector; or
       (2) infringe upon or alter the authorities of the agencies 
     described in section 6153(c).

[[Page S2828]]

  


     SEC. 6157. SECTOR RISK MANAGEMENT AGENCY TRANSFER.

       If the President designates an infrastructure sector that 
     includes commercial satellite systems as a critical 
     infrastructure sector pursuant to the process established 
     under section 9002(b)(3) of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (6 
     U.S.C. 652a(b)(3)) and subsequently designates a sector risk 
     management agency for that critical infrastructure sector 
     that is not the Cybersecurity and Infrastructure Security 
     Agency, the President may direct the Director to transfer the 
     authorities of the Director under section 6154 of this 
     subtitle to the head of the designated sector risk management 
     agency.

        Subtitle G--Rural Hospital Cybersecurity Enhancement Act

     SEC. 6161. SHORT TITLE.

       This subtitle may be cited as the ``Rural Hospital 
     Cybersecurity Enhancement Act''.

     SEC. 6162. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (3) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (4) Geographic division.--The term ``geographic division'' 
     means a geographic division that is among the 9 geographic 
     divisions determined by the Bureau of the Census.
       (5) Rural hospital.--The term ``rural hospital'' means a 
     healthcare facility that--
       (A) is located in a non-urbanized area, as determined by 
     the Bureau of the Census; and
       (B) provides inpatient and outpatient healthcare services, 
     including primary care, emergency care, and diagnostic 
     services.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 6163. RURAL HOSPITAL CYBERSECURITY WORKFORCE DEVELOPMENT 
                   STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director, shall develop and transmit to the appropriate 
     committees of Congress a comprehensive rural hospital 
     cybersecurity workforce development strategy to address the 
     growing need for skilled cybersecurity professionals in rural 
     hospitals.
       (b) Consultation.--
       (1) Agencies.--In carrying out subsection (a), the 
     Secretary and Director may consult with the Secretary of 
     Health and Human Services, the Secretary of Education, the 
     Secretary of Labor, and any other appropriate head of an 
     agency.
       (2) Providers.--In carrying out subsection (a), the 
     Secretary shall consult with not less than 2 representatives 
     of rural healthcare providers from each geographic division 
     in the United States.
       (c) Considerations.--The rural hospital cybersecurity 
     workforce development strategy developed under subsection (a) 
     shall, at a minimum, consider the following components:
       (1) Partnerships between rural hospitals, non-rural 
     healthcare systems, educational institutions, private sector 
     entities, and nonprofit organizations to develop, promote, 
     and expand the rural hospital cybersecurity workforce, 
     including through education and training programs tailored to 
     the needs of rural hospitals.
       (2) The development of a cybersecurity curriculum and 
     teaching resources that focus on teaching technical skills 
     and abilities related to cybersecurity in rural hospitals for 
     use in community colleges, vocational schools, and other 
     educational institutions located in rural areas.
       (3) Identification of--
       (A) cybersecurity workforce challenges that are specific to 
     rural hospitals, as well as challenges that are relative to 
     hospitals generally; and
       (B) common practices to mitigate both sets of challenges 
     described in subparagraph (A).
       (4) Recommendations for legislation, rulemaking, or 
     guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy.
       (d) Annual Briefing.--Not later than 60 days after the date 
     on which the first full fiscal year ends following the date 
     on which the Secretary transmits the rural hospital 
     cybersecurity workforce development strategy developed under 
     subsection (a), and not later than 60 days after the date on 
     which each fiscal year thereafter ends, the Secretary shall 
     provide a briefing to the appropriate committees of Congress 
     that includes, at a minimum, information relating to--
       (1) updates to the rural hospital cybersecurity workforce 
     development strategy, as appropriate;
       (2) any programs or initiatives established pursuant to the 
     rural hospital cybersecurity workforce development strategy, 
     as well as the number of individuals trained or educated 
     through such programs or initiatives;
       (3) additional recommendations for legislation, rulemaking, 
     or guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy; and
       (4) the effectiveness of the rural hospital cybersecurity 
     workforce development strategy in addressing the need for 
     skilled cybersecurity professionals in rural hospitals.

     SEC. 6164. INSTRUCTIONAL MATERIALS FOR RURAL HOSPITALS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall make available 
     instructional materials for rural hospitals that can be used 
     to train staff on fundamental cybersecurity efforts.
       (b) Duties.--In carrying out subsection (a), the Director 
     shall--
       (1) consult with appropriate heads of agencies, experts in 
     cybersecurity education, and rural healthcare experts;
       (2) identify existing cybersecurity instructional materials 
     that can be adapted for use in rural hospitals and create new 
     materials as needed; and
       (3) conduct an awareness campaign to promote the materials 
     available to rural hospitals developed under subsection (a).

     SEC. 6165. NO ADDITIONAL FUNDS.

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

           TITLE LXII--STEMMING THE FLOW OF ILLICIT NARCOTICS

              Subtitle A--Enhancing DHS Drug Seizures Act

     SEC. 6201. SHORT TITLE.

       This subtitle may be cited as the ``Enhancing DHS Drug 
     Seizures Act''.

     SEC. 6202. COORDINATION AND INFORMATION SHARING.

       (a) Public-private Partnerships.--
       (1) Strategy.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall develop a strategy to strengthen existing and establish 
     new public-private partnerships with shipping, chemical, and 
     pharmaceutical industries to assist with early detection and 
     interdiction of illicit drugs and precursor chemicals.
       (2) Contents.--The strategy required under paragraph (1) 
     shall contain goals and objectives for employees of the 
     Department of Homeland Security to ensure the tactics, 
     techniques, and procedures gained from the public-private 
     partnerships described in paragraph (1) are included in 
     policies, best practices, and training for the Department.
       (3) Implementation plan.--Not later than 180 days after 
     developing the strategy required under paragraph (1), the 
     Secretary of Homeland Security shall develop an 
     implementation plan for the strategy, which shall outline 
     departmental lead and support roles, responsibilities, 
     programs, and timelines for accomplishing the goals and 
     objectives of the strategy.
       (4) Briefing.--The Secretary of Homeland Security shall 
     provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in addressing the 
     implementation plan developed pursuant to paragraph (3).
       (b) Assessment of Drug Task Forces.--
       (1) In general.--The Secretary of Homeland Security shall 
     conduct an assessment of the counterdrug task forces in which 
     the Department of Homeland Security, including components of 
     the Department, participates in or leads, which shall 
     include--
       (A) areas of potential overlap;
       (B) opportunities for sharing information and best 
     practices;
       (C) how the Department's processes for ensuring 
     accountability and transparency in its vetting and oversight 
     of partner agency task force members align with best 
     practices; and
       (D) corrective action plans for any capability limitations 
     and deficient or negative findings identified in the report 
     for any such task forces led by the Department.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     contains a summary of the results of the assessment conducted 
     pursuant to paragraph (1).
       (3) Corrective action plan.--The Secretary of Homeland 
     Security shall--
       (A) implement the corrective action plans described in 
     paragraph (1)(D) immediately after the submission of the 
     report pursuant to paragraph (2); and
       (B) provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in implementing 
     the corrective action plans.
       (c) Combination of Briefings.--The Secretary of Homeland 
     Security may combine the briefings required under subsections 
     (a)(4) and (b)(3)(B) and provide such combined briefings 
     through fiscal year 2026.

     SEC. 6203. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY 
                   PERSONNEL DEPLOYED ABROAD.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     inserting after section 881 the following:

     ``SEC. 881A. DANGER PAY ALLOWANCE.

       ``(a) Authorization.--An employee of the Department, while 
     stationed in a foreign area, may be granted a danger pay 
     allowance, not to exceed 35 percent of the basic

[[Page S2829]]

     pay of such employee, for any period during which such 
     foreign area experiences a civil insurrection, a civil war, 
     ongoing terrorist acts, or wartime conditions that threaten 
     physical harm or imminent danger to the health or well-being 
     of such employee.
       ``(b) Notice.--Before granting or terminating a danger pay 
     allowance to any employee pursuant to subsection (a), the 
     Secretary, after consultation with the Secretary of State, 
     shall notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives of--
       ``(1) the intent to make such payments and the 
     circumstances justifying such payments; or
       ``(2) the intent to terminate such payments and the 
     circumstances justifying such termination.''.

     SEC. 6204. IMPROVING TRAINING TO FOREIGN-VETTED LAW 
                   ENFORCEMENT OR NATIONAL SECURITY UNITS.

       The Secretary of Homeland Security, or the designee of the 
     Secretary, may waive reimbursement for salary expenses of 
     Department of Homeland Security for personnel providing 
     training to foreign-vetted law enforcement or national 
     security units in accordance with an agreement with the 
     Department of Defense pursuant to section 1535 of title 31, 
     United States Code.

     SEC. 6205. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND 
                   BORDER PROTECTION IN FOREIGN COUNTRIES.

       Section 411(f) of the Homeland Security Act of 2002 (6 
     U.S.C. 211(f)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Permissible activities.--
       ``(A) In general.--Employees of U.S. Customs and Border 
     Protection and other customs officers designated in 
     accordance with the authorities granted to officers and 
     agents of Air and Marine Operations may provide the support 
     described in subparagraph (B) to authorities of the 
     government of a foreign country, including by conducting 
     joint operations with appropriate government officials within 
     the territory of such country, if an arrangement has been 
     entered into between the Government of the United States and 
     the government of such country that permits such support by 
     such employees and officers.
       ``(B) Support described.--The support described in this 
     subparagraph is support for--
       ``(i) the monitoring, locating, tracking, and deterrence 
     of--

       ``(I) illegal drugs to the United States;
       ``(II) the illicit smuggling of persons and goods into the 
     United States;
       ``(III) terrorist threats to the United States; and
       ``(IV) other threats to the security or economy of the 
     United States;

       ``(ii) emergency humanitarian efforts; and
       ``(iii) law enforcement capacity-building efforts.
       ``(C) Payment of claims.--
       ``(i) In general.--Subject to clauses (ii) and (iv), the 
     Secretary may expend funds that have been appropriated or 
     otherwise made available for the operating expenses of the 
     Department to pay claims for money damages against the United 
     States, in accordance with the first paragraph of section 
     2672 of title 28, United States Code, which arise in a 
     foreign country in connection with U.S. Customs and Border 
     Protection operations in such country.
       ``(ii) Submission deadline.--A claim may be allowed under 
     clause (i) only if it is presented not later than 2 years 
     after it accrues.
       ``(iii) Report.--Not later than 90 days after the date on 
     which the expenditure authority under clause (i) expires 
     pursuant to clause (iv), the Secretary shall submit a report 
     to Congress that describes, for each of the payments made 
     pursuant to clause (i)--

       ``(I) the foreign entity that received such payment;
       ``(II) the amount paid to such foreign entity;
       ``(III) the country in which such foreign entity resides or 
     has its principal place of business; and
       ``(IV) a detailed account of the circumstances justify such 
     payment.

       ``(iv) Sunset.--The expenditure authority under clause (i) 
     shall expire on the date that is 5 years after the date of 
     the enactment of the Enhancing DHS Drug Seizures Act.''.

     SEC. 6206. DRUG SEIZURE DATA IMPROVEMENT.

       (a) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to identify any opportunities for 
     improving drug seizure data collection.
       (b) Elements.--The study required under subsection (a) 
     shall--
       (1) include a survey of the entities that use drug seizure 
     data; and
       (2) address--
       (A) any additional data fields or drug type categories that 
     should be added to U.S. Customs and Border Protection's 
     SEACATS, U.S. Border Patrol's e3 portal, and any other 
     systems deemed appropriate by the Commissioner of U.S. 
     Customs and Border Protection, in accordance with the first 
     recommendation in the Government Accountability Office's 
     report GAO-22-104725, entitled ``Border Security: CBP Could 
     Improve How It Categorizes Drug Seizure Data and Evaluates 
     Training'';
       (B) how all the Department of Homeland Security components 
     that collect drug seizure data can standardize their data 
     collection efforts and deconflict drug seizure reporting;
       (C) how the Department of Homeland Security can better 
     identify, collect, and analyze additional data on precursor 
     chemicals, synthetic drugs, novel psychoactive substances, 
     and analogues that have been seized by U.S. Customs and 
     Border Protection and U.S. Immigration and Customs 
     Enforcement; and
       (D) how the Department of Homeland Security can improve its 
     model of anticipated drug flow into the United States.
       (c) Implementation of Findings.--Following the completion 
     of the study required under subsection (a)--
       (1) the Secretary of Homeland Security, in accordance with 
     the Office of National Drug Control Policy's 2022 National 
     Drug Control Strategy, shall modify Department of Homeland 
     Security drug seizure policies and training programs, as 
     appropriate, consistent with the findings of such study; and
       (2) the Commissioner of U.S. Customs and Border Protection, 
     in consultation with the Director of U.S. Immigration and 
     Customs Enforcement, shall make any necessary updates to 
     relevant systems to include the results of confirmatory drug 
     testing results.

     SEC. 6207. DRUG PERFORMANCE MEASURES.

        Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall develop 
     and implement a plan to ensure that components of the 
     Department of Homeland Security develop and maintain outcome-
     based performance measures that adequately assess the success 
     of drug interdiction efforts and how to utilize the existing 
     drug-related metrics and performance measures to achieve the 
     missions, goals, and targets of the Department.

     SEC. 6208. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       (a) Personnel and Structures.--Title II of the Immigration 
     and Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     inserting after section 274D the following:

     ``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.

       ``(a) In General.--It shall be unlawful to knowingly and 
     without lawful authorization--
       ``(1)(A) destroy or significantly damage any fence, 
     barrier, sensor, camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; or
       ``(B) otherwise construct, excavate, or make any structure 
     intended to defeat, circumvent or evade such a fence, 
     barrier, sensor camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; and
       ``(2) in carrying out an act described in paragraph (1), 
     have the intent to knowingly and willfully--
       ``(A) secure a financial gain;
       ``(B) further the objectives of a criminal organization; 
     and
       ``(C) violate--
       ``(i) section 274(a)(1)(A)(i);
       ``(ii) the customs and trade laws of the United States (as 
     defined in section 2(4) of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (Public Law 114-125));
       ``(iii) any other Federal law relating to transporting 
     controlled substances, agriculture, or monetary instruments 
     into the United States; or
       ``(iv) any Federal law relating to border controls measures 
     of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 5 years, or both.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 274D 
     the following:

``Sec. 274E. Destroying or evading border controls.''.

           Subtitle B--Non-Intrusive Inspection Expansion Act

     SEC. 6211. SHORT TITLE.

       This subtitle may be cited as the ``Non-Intrusive 
     Inspection Expansion Act''.

     SEC. 6212. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND 
                   PORTS OF ENTRY.

       (a) Fiscal Year 2026.--Using non-intrusive inspection 
     systems acquired through previous appropriations Acts, 
     beginning not later than September 30, 2026, U.S. Customs and 
     Border Protection shall use non-intrusive inspection systems 
     at land ports of entry to scan, cumulatively, at ports of 
     entry where systems are in place by the deadline, not fewer 
     than--
       (1) 40 percent of passenger vehicles entering the United 
     States; and
       (2) 90 percent of commercial vehicles entering the United 
     States.
       (b) Subsequent Fiscal Years.--Beginning in fiscal year 
     2027, U.S. Customs and Border Protection shall use non-
     intrusive inspection systems at land ports of entry to reach 
     the next projected benchmark for incremental scanning of 
     passenger and commercial vehicles entering the United States 
     at such ports of entry.
       (c) Briefing.--Not later than May 30, 2026, the 
     Commissioner of U.S. Customs and Border Protection shall 
     brief the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on

[[Page S2830]]

     Homeland Security of the House of Representatives regarding 
     the progress made during the first half of fiscal year 2026 
     in achieving the scanning benchmarks described in subsection 
     (a).
       (d) Report.--If the scanning benchmarks described in 
     subsection (a) are not met by the end of fiscal year 2026, 
     not later than 120 days after the end of that fiscal year, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that--
       (1) analyzes the causes for not meeting such requirements;
       (2) identifies any resource gaps and challenges; and
       (3) details the steps that will be taken to ensure 
     compliance with such requirements in the subsequent fiscal 
     year.

     SEC. 6213. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND 
                   INSPECTIONS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner of U.S. Customs 
     and Border Protection shall submit a strategy to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives for increasing sustained outbound 
     inspection operations at land ports of entry that includes--
       (1) the number of existing and planned outbound inspection 
     lanes at each port of entry;
       (2) infrastructure limitations that limit the ability of 
     U.S. Customs and Border Protection to deploy non-intrusive 
     inspection systems for outbound inspections;
       (3) the number of additional non-intrusive inspection 
     systems that are necessary to increase scanning capacity for 
     outbound inspections; and
       (4) plans for funding and acquiring the systems described 
     in paragraph (3).
       (b) Implementation.--Beginning not later than September 30, 
     2026, U.S. Customs and Border Protection shall use non-
     intrusive inspection systems at land ports of entry to scan 
     not fewer than 10 percent of all vehicles exiting the United 
     States through land ports of entry.

     SEC. 6214. GAO REVIEW AND REPORT.

       (a) Review.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of the use by U.S. Customs and 
     Border Protection of non-intrusive inspection systems for 
     border security.
       (2) Elements.--The review required under paragraph (1) 
     shall--
       (A) identify--
       (i) the number and types of non-intrusive inspection 
     systems deployed by U.S. Customs and Border Protection; and
       (ii) the locations to which such systems have been 
     deployed; and
       (B) examine the manner in which U.S. Customs and Border 
     Protection--
       (i) assesses the effectiveness of such systems; and
       (ii) uses such systems in conjunction with other border 
     security resources and assets, such as border barriers and 
     technology, to detect and interdict drug smuggling and 
     trafficking at the southwest border of the United States.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives containing the findings of 
     the review conducted pursuant to subsection (a).

       Subtitle C--Securing America's Ports of Entry Act of 2023

     SEC. 6221. SHORT TITLE.

       This subtitle may be cited as the ``Securing America's 
     Ports of Entry Act of 2023''.

     SEC. 6222. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       (a) Officers.--The Commissioner of U.S. Customs and Border 
     Protection shall hire, train, and assign not fewer than 600 
     new U.S. Customs and Border Protection officers above the 
     current attrition level during every fiscal year until the 
     total number of U.S. Customs and Border Protection officers 
     equals and sustains the requirements identified each year in 
     the Workload Staffing Model.
       (b) Support Staff.--The Commissioner is authorized to hire, 
     train, and assign support staff, including technicians and 
     Enterprise Services mission support, to perform non-law 
     enforcement administrative functions to support the new U.S. 
     Customs and Border Protection officers hired pursuant to 
     subsection (a).
       (c) Traffic Forecasts.--In calculating the number of U.S. 
     Customs and Border Protection officers needed at each port of 
     entry through the Workload Staffing Model, the Commissioner 
     shall--
       (1) rely on data collected regarding the inspections and 
     other activities conducted at each such port of entry;
       (2) consider volume from seasonal surges, other projected 
     changes in commercial and passenger volumes, the most current 
     commercial forecasts, and other relevant information; and
       (3) consider historical volume and forecasts prior to the 
     COVID-19 pandemic and the impact on international travel.
       (d) GAO Report.--If the Commissioner does not hire the 600 
     additional U.S. Customs and Border Protection officers 
     authorized under subsection (a) during fiscal year 2023, or 
     during any subsequent fiscal year in which the hiring 
     requirements set forth in the Workload Staffing Model have 
     not been achieved, the Comptroller General of the United 
     States shall--
       (1) conduct a review of U.S. Customs and Border Protection 
     hiring practices to determine the reasons that such 
     requirements were not achieved and other issues related to 
     hiring by U.S. Customs and Border Protection; and
       (2) submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     describes the results of the review conducted under paragraph 
     (1).

     SEC. 6223. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Commissioner of U.S. Customs and Border 
     Protection shall submit a report to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives that identifies--
       (1) infrastructure improvements at ports of entry that 
     would enhance the ability of U.S. Customs and Border 
     Protection officers to interdict opioids and other drugs that 
     are being illegally transported into the United States, 
     including a description of circumstances at specific ports of 
     entry that prevent the deployment of technology used at other 
     ports of entry;
       (2) detection equipment that would improve the ability of 
     such officers to identify opioids, including precursors and 
     derivatives, that are being illegally transported into the 
     United States; and
       (3) safety equipment that would protect such officers from 
     accidental exposure to such drugs or other dangers associated 
     with the inspection of potential drug traffickers.

     SEC. 6224. REPORTING REQUIREMENTS.

       (a) Temporary Duty Assignments.--
       (1) Quarterly reports.--The Commissioner of U.S. Customs 
     and Border Protection shall submit quarterly reports to the 
     appropriate congressional committees that include, for the 
     reporting period--
       (A) the number of temporary duty assignments;
       (B) the number of U.S. Customs and Border Protection 
     employees required for each temporary duty assignment;
       (C) the ports of entry from which such employees were 
     reassigned;
       (D) the ports of entry to which such employees were 
     reassigned;
       (E) the ports of entry at which reimbursable service 
     agreements have been entered into that may be affected by 
     temporary duty assignments;
       (F) the duration of each temporary duty assignment;
       (G) the cost of each temporary duty assignment; and
       (H) for each temporary duty assignment to the southwest 
     border, a description of any activities done in support of 
     U.S. Border Patrol operations.
       (2) Notice.--Not later than 10 days before redeploying 
     employees from 1 port of entry to another, absent emergency 
     circumstances--
       (A) the Commissioner shall notify the director of the port 
     of entry from which employees will be reassigned of the 
     intended redeployments; and
       (B) the port director shall notify impacted facilities 
     (including airports, seaports, and land ports) of the 
     intended redeployments.
       (3) Staff briefing.--The Commissioner shall brief all 
     affected U.S. Customs and Border Protection employees 
     regarding plans to mitigate vulnerabilities created by any 
     planned staffing reductions at ports of entry.
       (b) Reports on U.S. Customs and Border Protection 
     Agreements.--Section 907(a) of the Trade Facilitation and 
     Trade Enforcement Act of 2015 (19 U.S.C. 4451(a)) is 
     amended--
       (1) in paragraph (3), by striking ``and an assessment'' and 
     all that follows and inserting a period;
       (2) by redesignating paragraphs (4) through (12) as 
     paragraphs (5) through (13), respectively;
       (3) by inserting after paragraph (3) the following:
       ``(4) A description of the factors that were considered 
     before entering into the agreement, including an assessment 
     of how the agreement provides economic benefits and security 
     benefits (if applicable) at the port of entry to which the 
     agreement relates.''; and
       (4) in paragraph (5), as redesignated by paragraph (2), by 
     inserting after ``the report'' the following: ``, including 
     the locations of such services and the total hours of 
     reimbursable services under the agreement, if any''.
       (c) Annual Workload Staffing Model Report.--As part of the 
     Annual Report on Staffing required under section 411(g)(5)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), 
     the Commissioner shall include--
       (1) information concerning the progress made toward meeting 
     the U.S. Customs and Border Protection officer and support 
     staff hiring targets set forth in section 6222, while 
     accounting for attrition;
       (2) an update to the information provided in the Resource 
     Optimization at the Ports of Entry report, which was 
     submitted to Congress on September 12, 2017, pursuant to the

[[Page S2831]]

     Department of Homeland Security Appropriations Act, 2017 
     (division F of Public Law 115-31); and
       (3) a summary of the information included in the reports 
     required under subsection (a) and section 907(a) of the Trade 
     Facilitation and Trade Enforcement Act of 2015, as amended by 
     subsection (b).
       (d) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 6225. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle--
       (1) $136,292,948 for fiscal year 2024; and
       (2) $156,918,590 for each of the fiscal years 2025 through 
     2029.

               Subtitle D--Border Patrol Enhancement Act

     SEC. 6231. SHORT TITLE.

       This subtitle may be cited as the ``Border Patrol 
     Enhancement Act''.

     SEC. 6232. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES 
                   BORDER PATROL.

       (a) Defined Term.--In this section, the term ``validated 
     personnel requirements determination model'' means a 
     determination of the number of United States Border Patrol 
     agents needed to meet the critical mission requirements of 
     the United States Border Patrol to maintain an orderly 
     process for migrants entering the United States, that has 
     been validated by an entity pursuant to subsection (c).
       (b) United States Border Patrol Personnel Requirements 
     Determination Model.--
       (1) Completion; notice.--Not later than 180 days after the 
     date of the enactment of this Act, the Commissioner shall 
     complete a personnel requirements determination model for 
     United States Border Patrol that builds on the 5-year United 
     States Border Patrol staffing and deployment plan referred to 
     on page 33 of House of Representatives Report 112-91 (May 26, 
     2011) and submit a notice of completion to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Director of the Office of Personnel Management; and
       (D) the Comptroller General of the United States.
       (2) Certification.--Not later than 30 days after the 
     completion of the personnel requirements determination model 
     described in paragraph (1), the Commissioner shall submit a 
     copy of such model, an explanation of its development, and a 
     strategy for obtaining independent verification and 
     validation of such model to the congressional committees and 
     Federal officials listed in subparagraphs (A) through (D) of 
     paragraph (1).
       (c) Independent Study of Personnel Requirements 
     Determination Model.--
       (1) Requirement for study.--Not later than 90 days after 
     the completion of the personnel requirements determination 
     model pursuant to subsection (b)(1), the Secretary of 
     Homeland Security shall select an entity that is technically, 
     managerially, and financially independent from the Department 
     of Homeland Security to conduct an independent verification 
     and validation of the model.
       (2) Reports.--
       (A) To secretary.--Not later than 1 year after the 
     completion of the personnel requirements determination model 
     pursuant to subsection (b)(1), the entity performing the 
     independent verification and validation of the model shall 
     submit a report to the Secretary of Homeland Security that 
     includes--
       (i) the results of the study required under paragraph (1); 
     and
       (ii) any recommendations regarding the model that the 
     entity considers to be appropriate.
       (B) To congress.--Not later than 30 days after receiving 
     the report described in subparagraph (A), the Secretary of 
     Homeland Security shall submit such report, along with any 
     additional views or recommendations regarding the personnel 
     requirements determination model, to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (d) Authority To Hire Additional Personnel.--Beginning on 
     the date that is 180 days after the Secretary of Homeland 
     Security receives a report pursuant to subsection (c)(2) that 
     validates the personnel requirements determination model and 
     after implementing any recommendations received pursuant to 
     subsection (c)(2)(A)(ii) to improve or update the model, the 
     Secretary may hire, train, and assign 600 or more United 
     States Border Patrol agents above the attrition level during 
     every fiscal year until the number of such active agents 
     meets the level recommended by such validated personnel 
     requirements determination model.

     SEC. 6233. ESTABLISHMENT OF HIGHER RATES OF REGULARLY 
                   SCHEDULED OVERTIME PAY FOR UNITED STATES BORDER 
                   PATROL AGENTS CLASSIFIED AT G-12.

       Section 5550(b) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(5) Regularly scheduled overtime pay for border patrol 
     agents classified at gs-12.--Notwithstanding any other 
     provision of this subsection or of section 5542, any border 
     patrol agent assigned to the level 1 border patrol rate of 
     pay or to the level 2 border patrol rate of pay who is 
     occupying a position classified at GS-12 level shall receive 
     pay for each hour of regularly scheduled overtime (in excess 
     of the 8 hours of regular time per workday) at a rate that is 
     equal to 1.5 times his or her applicable hourly rate of basic 
     pay.''.

     SEC. 6234. CONTINUING TRAINING.

       (a) In General.--The Commissioner shall require all United 
     States Border Patrol agents and other employees or contracted 
     employees designated by the Commissioner, to participate in 
     annual continuing training to maintain and update their 
     understanding of--
       (1) Department of Homeland Security policies, procedures, 
     and guidelines;
       (2) the fundamentals of law, ethics, and professional 
     conduct;
       (3) applicable Federal law and regulations;
       (4) precedential legal rulings, including Federal Circuit 
     Court and United States Supreme Court opinions relating to 
     the duty of care and treatment of persons in the custody of 
     the United States Border Patrol that the Commissioner 
     determines are relevant to active duty agents;
       (5) applicable migration trends that the Commissioner 
     determines are relevant;
       (6) best practices for coordinating with community 
     stakeholders; and
       (7) any other information that the Commissioner determines 
     to be relevant to active duty agents.
       (b) Training Subjects.--Continuing training under this 
     subsection shall include training regarding--
       (1) non-lethal use of force policies available to United 
     States Border Patrol agents and de-escalation strategies and 
     methods;
       (2) identifying, screening, and responding to vulnerable 
     populations, such as children, persons with diminished mental 
     capacity, victims of human trafficking, pregnant mothers, 
     victims of gender-based violence, victims of torture or 
     abuse, and the acutely ill;
       (3) trends in transnational criminal organization 
     activities that impact border security and migration;
       (4) policies, strategies, and programs--
       (A) to protect due process, the civil, human, and privacy 
     rights of individuals, and the private property rights of 
     land owners;
       (B) to reduce the number of migrant and agent deaths; and
       (C) to improve the safety of agents on patrol;
       (5) personal resilience;
       (6) anti-corruption and officer ethics training;
       (7) current migration trends, including updated cultural 
     and societal issues of nations that are a significant source 
     of migrants who are--
       (A) arriving at a United States port of entry to seek 
     humanitarian protection; or
       (B) encountered at a United States international boundary 
     while attempting to enter without inspection;
       (8) the impact of border security operations on natural 
     resources and the environment, including strategies to limit 
     the impact of border security operations on natural resources 
     and the environment;
       (9) relevant cultural, societal, racial, and religious 
     training, including cross-cultural communication skills;
       (10) training authorized under the Prison Rape Elimination 
     Act of 2003 (42 U.S.C. 15601 et seq.);
       (11) risk management and safety training that includes 
     agency protocols for ensuring public safety, personal safety, 
     and the safety of persons in the custody of the Department of 
     Homeland Security;
       (12) non-lethal, self-defense training; and
       (13) any other training that meets the requirements to 
     maintain and update the subjects identified in subsection 
     (a).
       (c) Course Requirements.--Courses offered under this 
     section--
       (1) shall be administered by the United States Border 
     Patrol, in consultation with the Federal Law Enforcement 
     Training Center; and
       (2) shall be approved in advance by the Commissioner of 
     U.S. Customs and Border Protection to ensure that such 
     courses satisfy the requirements for training under this 
     section.
       (d) Assessment.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that assesses the training and education 
     provided pursuant to this section, including continuing 
     education.
       (e) Frequency Requirements.--Training offered as part of 
     continuing education under this section shall include--
       (1) annual courses focusing on the curriculum described in 
     paragraphs (1) through (6) of subsection (b); and
       (2) biannual courses focusing on curriculum described in 
     paragraphs (7) through (12) of subsection (b).

     SEC. 6235. RECRUITMENT AND RETENTION REPORT.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act,

[[Page S2832]]

     the Comptroller General of the United States shall--
       (1) conduct a study of the recruitment and retention of 
     female agents in United States Border Patrol; and
       (2) not later than 1 year after commencing such study, 
     submit a report containing the results of such study and 
     recommendations to address any identified deficiencies or 
     improvement opportunities to--
       (A) the Commissioner;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (b) Assessment.--In conducting the study pursuant to 
     subsection (a)(1), the Comptroller General shall assess--
       (1) the recruitment, application processes, training, 
     promotion, and other aspects of employment for women in the 
     United States Border Patrol;
       (2) the training, complaints system, and redress for sexual 
     harassment and assault; and
       (3) additional issues related to the recruitment and 
     retention of female agents.
       (c) Response From Commissioner.--Not later than 90 days 
     after receiving report required under subsection (a)(2), the 
     Commissioner shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives responses to the recommendations contained in 
     the report, including any necessary implementation plans to 
     address identified deficiencies or improvements.

  Subtitle E--Protecting the Border From Unmanned Aircraft Systems Act

     SEC. 6241. SHORT TITLE.

       This subtitle may be cited as the ``Protecting the Border 
     from Unmanned Aircraft Systems Act''.

     SEC. 6242. INTERAGENCY STRATEGY FOR CREATING A UNIFIED 
                   POSTURE ON COUNTER-UNMANNED AIRCRAFT SYSTEMS 
                   CAPABILITIES AND PROTECTIONS AT INTERNATIONAL 
                   BORDERS OF THE UNITED STATES.

       (a) Definitions.-- In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Appropriations of the Senate;
       (F) the Committee on Foreign Relations of the Senate;
       (G) the Select Committee on Intelligence of the Senate;
       (H) the Committee on Homeland Security of the House of 
     Representatives;
       (I) the Committee on the Judiciary of the House of 
     Representatives;
       (J) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (K) the Committee on Energy and Commerce of the House of 
     Representatives;
       (L) the Committee on Foreign Affairs of the House of 
     Representatives;
       (M) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (N) the Committee on Armed Services of the House of 
     Representatives; and
       (O) the Committee on Appropriations of the House of 
     Representatives.
       (2) Covered facility or asset.--The term ``covered facility 
     or asset'' has the meaning given such term in section 
     210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
     124n(k)(3)).
       (3) C-UAS.--The term ``C-UAS'' means counter-unmanned 
     aircraft system.
       (4) National airspace system; nas.--The terms ``National 
     Airspace System'' and ``NAS'' have the meaning given such 
     terms in section 245.5 of title 32, Code of Federal 
     Regulations.
       (5) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 44801 of 
     title 49, United States Code.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in coordination with the Attorney General, the 
     Administrator of the Federal Aviation Administration, the 
     Secretary of State, the Secretary of Energy, the Director of 
     National Intelligence, and the Secretary of Defense to 
     develop a strategy for creating a unified posture on C-UAS 
     capabilities and protections at--
       (1) covered facilities or assets along international 
     borders of the United States; and
       (2) any other border-adjacent facilities or assets at which 
     such capabilities maybe utilized under Federal law.
       (c) Elements.--The strategy required to be developed under 
     subsection (b) shall include the following elements:
       (1) An examination of C-UAS capabilities at covered 
     facilities or assets along the border, or such other border-
     adjacent facilities or assets at which such capabilities may 
     be utilized under Federal law, and their usage to detect or 
     mitigate credible threats to homeland security, including the 
     facilitation of illicit activities, or for other purposes 
     authorized by law.
       (2) An examination of efforts to protect privacy and civil 
     liberties in the context of C-UAS operations, including with 
     respect to impacts on border communities and protections of 
     the First and Fourth Amendments to the United States 
     Constitution.
       (3) An examination of unmanned aircraft system tactics, 
     techniques, and procedures being used in the border 
     environment by malign actors to include how unmanned aircraft 
     systems are acquired, modified, and utilized to conduct 
     malicious activity such, as attacks, surveillance, conveyance 
     of contraband, or other forms of threats.
       (4) An assessment of the C-UAS systems necessary to 
     identify illicit activity and protect against the threats 
     from unmanned aircraft systems at international borders of 
     the United States, including the availability, feasibility, 
     and interoperability of C-UAS.
       (5) A description of the training required or recommended 
     at international borders of the United States, including how 
     such training--
       (A) fits into broader training standards and norms; and
       (B) relates to the protection of privacy and civil 
     liberties.
       (6) Recommendations for additional authorities and 
     resources to protect against illicit unmanned aircraft 
     systems, including systems that may be necessary to detect 
     illicit activity and mitigate credible threats along 
     international borders of the United States.
       (7) An assessment of interagency research and development 
     efforts, including the potential for expanding such efforts.
       (d) Submission to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security, in coordination with the Attorney General, 
     the Administrator of the Federal Aviation Administration, the 
     Secretary of State, Secretary of Energy, the Director of 
     National Intelligence, and the Secretary of Defense, shall 
     submit the strategy developed pursuant to subsection (b) to 
     the appropriate congressional committees.
       (e) Reports to Congress.--
       (1) Annual report.--Not later than 2 years after the date 
     of the enactment of this Act, and annually thereafter for the 
     following 7 years, the Secretary of Homeland Security, in 
     coordination with the Attorney General, the Administrator of 
     the Federal Aviation Administration, the Secretary of State, 
     Secretary of Energy, the Director of National Intelligence, 
     and the Secretary of Defense, shall submit to the appropriate 
     congressional committees a report, which may include a 
     classified annex, that describes--
       (A) the resources that are necessary to carry out the 
     strategy developed pursuant to subsection (b); and
       (B) any significant developments relating to the elements 
     described in subsection (c).
       (2) Congressional briefings.--Beginning not later than 1 
     year after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall include the elements 
     regarding C-UAS described in paragraph (1) in the semiannual 
     briefings to the appropriate congressional committees 
     required under section 210G(g) of the Homeland Security Act 
     of 2002 (6 U.S.C. 124n(g)).

                      Subtitle F--Port Maintenance

     SEC. 6251. PORT MAINTENANCE.

       (a) In General.--Section 411(o) of the Homeland Security 
     Act of 2002 (6 U.S.C. 211(o)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Port maintenance.--
       ``(A) Procedures.--
       ``(i) In general.--Subject to subparagraphs (B) and (C), 
     the Commissioner, in consultation with the Administrator of 
     the General Services Administration--

       ``(I) shall establish procedures by which U.S. Customs and 
     Border Protection may conduct maintenance and repair projects 
     costing not more than $300,000 at any Federal Government-
     owned port of entry where the Office of Field Operations 
     performs any of the activities described in subparagraphs (A) 
     through (G) of subsection (g)(3); and
       ``(II) is authorized to perform such maintenance and repair 
     projects, subject to the procedures described in clause (ii).

       ``(ii) Procedures described.--The procedures established 
     pursuant to clause (i) shall include--

       ``(I) a description of the types of projects that may be 
     carried out pursuant to clause (i); and
       ``(II) the procedures for identifying and addressing any 
     impacts on other tenants of facilities where such projects 
     will be carried out.

       ``(iii) Publication of procedures.--All of the procedures 
     established pursuant to clause (i) shall be published in the 
     Federal Register.
       ``(iv) Rule of construction.--The publication of procedures 
     under clause (iii) shall not impact the authority of the 
     Commissioner to update such procedures, in consultation with 
     the Administrator, as appropriate.
       ``(B) Limitation.--The authority under subparagraph (A) 
     shall only be available for maintenance and repair projects 
     involving existing infrastructure, property, and capital at 
     any port of entry described in subparagraph (A).
       ``(C) Annual adjustments.--The Commissioner shall annually 
     adjust the amount described in subparagraph (A) by the 
     percentage (if any) by which the Consumer Price Index for All 
     Urban Consumers for the month of June preceding the date on 
     which such adjustment takes effect exceeds the

[[Page S2833]]

     Consumer Price Index for All Urban Consumers for the same 
     month of the preceding calendar year.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to affect the availability of funding from--
       ``(i) the Federal Buildings Fund established under section 
     592 of title 40, United States Code;
       ``(ii) the Donation Acceptance Program established under 
     section 482; or
       ``(iii) any other statutory authority or appropriation for 
     projects described in subparagraph (A).''.
       (b) Reporting.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Appropriations of the House of Representatives that 
     includes the elements described in paragraph (2).
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a summary of all maintenance projects conducted 
     pursuant to section 411(o)(3) of the Homeland Security Act of 
     2002, as added by subsection (a) during the prior fiscal 
     year;
       (B) the cost of each project referred to in subparagraph 
     (A);
       (C) the account that funded each such project, if 
     applicable; and
       (D) any budgetary transfers, if applicable, that funded 
     each such project.
       (c) Technical Amendment.--Section 422(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 232(a)) is amended by 
     inserting ``section 411(o)(3) of this Act and'' after 
     ``Administrator under''.

        TITLE LXIII--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS

            Subtitle A--Lobbying Disclosure Improvement Act

     SEC. 6301. SHORT TITLE.

       This subtitle may be cited as the ``Lobbying Disclosure 
     Improvement Act''.

     SEC. 6302. REGISTRANT DISCLOSURE REGARDING FOREIGN AGENT 
                   REGISTRATION EXEMPTION.

       Section 4(b) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)) is amended--
       (1) in paragraph (6), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) a statement as to whether the registrant is exempt 
     under section 3(h) of the Foreign Agents Registration Act of 
     1938, as amended (22 U.S.C. 613(h)).''.

        Subtitle B--Disclosing Foreign Influence in Lobbying Act

     SEC. 6311. SHORT TITLE.

       This subtitle may be cited as the ``Disclosing Foreign 
     Influence in Lobbying Act''.

     SEC. 6312. CLARIFICATION OF CONTENTS OF REGISTRATION.

       Section 4(b) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)), as amended by section 5602 of this title, is 
     amended--
       (1) in paragraph (8), as added by section 5602 of this 
     title, by striking the period at the end and inserting ``; 
     and''; and
       (2) by adding at the end the following:
       ``(9) notwithstanding paragraph (4), the name and address 
     of each government of a foreign country (including any agency 
     or subdivision of a government of a foreign country, such as 
     a regional or municipal unit of government) and foreign 
     political party, other than the client, that participates in 
     the direction, planning, supervision, or control of any 
     lobbying activities of the registrant.''.

 TITLE LXIV--ENHANCING NATIONAL COUNTERING WEAPONS OF MASS DESTRUCTION 
                              CAPABILITIES

   Subtitle A--Offices of Countering Weapons of Mass Destruction and 
                      Health Security Act of 2023

     SEC. 6401. SHORT TITLE.

       This subtitle may be cited as the ``Offices of Countering 
     Weapons of Mass Destruction and Health Security Act of 
     2023''.

        CHAPTER 1--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 6402. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats;
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats; 
     and
       ``(3) enhancing the ability of Federal, State, local, and 
     Tribal partners to prevent, detect, protect against, and 
     mitigate the impacts of terrorist attacks in the United 
     States to counter--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of use of unauthorized chemical, 
     biological, radiological, and nuclear materials, devices, or 
     agents and other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department and with 
     other Federal departments and agencies to counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, and 
     Tribal partners to prevent, detect, protect against, and 
     mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; or
       ``(B) unauthorized chemical, biological, radiological, 
     nuclear materials, devices, or agents or other related 
     emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on non-medical aspects of chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats, subject to the research, development, testing, and 
     evaluation coordination requirement described in subparagraph 
     (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, and Tribal partners by providing intelligence 
     and information analysis and reports on weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats research, development, test, and 
     evaluation matters, including research, development, testing, 
     and evaluation expertise, threat characterization, technology 
     maturation, prototyping, and technology transition;
       ``(H) acquire, procure, and deploy capabilities to counter 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     and serve as the lead advisor of the Department on component 
     acquisition, procurement, and deployment of counter-weapons 
     of mass destruction capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, and Tribal partners on chemical, biological, 
     radiological, nuclear, and other related emerging threats 
     health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     non-medical aspects of chemical, biological, radiological, 
     nuclear, and other related emerging threats to Departmental 
     and Federal partners to support engagements and efforts with 
     international partners subject to the research, development, 
     testing, and evaluation coordination requirement under 
     subparagraph (G); and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, and Tribal partners, as appropriate--

[[Page S2834]]

       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, in coordination with other Federal 
     agencies, as appropriate, and establish performance metrics 
     to evaluate the effectiveness of individual detectors and 
     detection systems in detecting those weapons of mass 
     destruction or chemical, biological, radiological, nuclear, 
     or other related emerging threats--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats, and coordinate with the Under Secretary for Science 
     and Technology on research and development efforts relevant 
     to the mission of the Office and the Under Secretary for 
     Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats in support of Federal, State, local, 
     and Tribal governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats generated by elements of the 
     intelligence community, law enforcement agencies, other 
     Federal agencies, State, local, and Tribal governments, and 
     foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with relevant Departmental 
     components and offices, the Department of Health and Human 
     Services, and other Federal partners, on weapons of mass 
     destruction and non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operation'';

       (iii) by striking paragraphs (6) through (10);
       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6), as so redesignated--

       (I) by striking subparagraph (B);
       (II) by striking ``activities--'' and all that follows 
     through ``to ensure'' and inserting ``activities to ensure''; 
     and
       (III) by striking ``attacks; and'' and inserting 
     ``attacks;'';

       (vi) in paragraph (7)(C)(v), as so redesignated--

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, mitigate, 
     and protect against the importation, possession, storage, 
     transportation, development, or use of unauthorized chemical 
     and biological materials, devices, or agents against the 
     United States; and
       ``(2) shall--
       ``(A) serve as a primary entity responsible for the efforts 
     of the Department to develop, acquire, deploy, and support 
     the operations of a national biological detection system and 
     improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, and Tribal governments and provide 
     guidance, tools, and training to help ensure a managed, 
     coordinated response; and
       ``(C) collaborate with the Department of Health and Human 
     Services, the Office of Health Security of the Department, 
     the Defense Advanced Research Projects Agency, the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (a), by striking ``high-risk urban 
     areas'' and inserting ``jurisdictions designated under 
     subsection (c)'';
       (B) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (C) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by inserting after section 1928 (6 U.S.C. 596b) the 
     following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, local, Tribal, academic, private sector, and 
     nongovernmental entities, shall conduct a Departmentwide 
     review of biodefense activities and strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including biodefense lines of 
     effort relating to biodefense roles, responsibilities, and 
     capabilities of components and offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats;
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise; and
       ``(E) assess the risk of high-risk gain-of-function 
     research to the homeland security of the United States and 
     identify the gaps in the response of the Department to that 
     risk.
       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--

[[Page S2835]]

       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, and Tribal entities, with specificity regarding 
     the frequency and nature of such engagement by Department 
     components and offices with State, local, and Tribal 
     entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Office, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine to conduct a consensus study and report to the 
     Secretary and the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;
       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition to updated 
     technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, to 
     be known as the Advisory Council for Countering Weapons of 
     Mass Destruction (in this subsection referred to as the 
     `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, or nuclear 
     materials, devices, or agents;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats; and
       ``(C) provide advice on performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements of Office programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--Chapter 10 of title 5, United States Code, 
     shall not apply to the Advisory Council.
       ``(7) Qualifications.--Each member of the Advisory Council 
     shall--
       ``(A) be impartial in any advice provided to the Advisory 
     Council; and
       ``(B) not seek to advance any political position or 
     predetermined conclusion as a member of the Advisory 
     Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (Public Law 109-347; 120 Stat 1884) is amended--
       (1) in section 1(b), by striking the item relating to 
     section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 6403. RULE OF CONSTRUCTION.

       Nothing in this chapter or the amendments made by this 
     chapter may be construed as modifying any existing authority 
     under any provision of law not expressly amended by this 
     chapter.

                  CHAPTER 2--OFFICE OF HEALTH SECURITY

     SEC. 6404. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2);
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;

[[Page S2836]]

       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``medical activities of the Department and all workforce-
     focused health and safety activities of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical activities of the Department, 
     including the delivery, advisement, and support of direct 
     patient care and the organization, management, and staffing 
     of component operations that deliver direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employees who function in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) in coordination with the Chief Privacy Officer of the 
     Department and the Chief Information Officer of the 
     Department, advising the Secretary and the head of each 
     component of the Department that delivers patient care 
     regarding the collection, storage, and oversight of medical 
     records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse actions by such component with respect to any 
     employee solely because the employee identifies a need for 
     psychological health counseling or assistance or receives 
     such assistance;
       ``(B) ensuring such program includes safeguards regarding 
     automatic referrals for employment-related examinations or 
     inquires that are based solely on an employee who self 
     identifies a need for psychological health counseling or 
     assistance or receives such counseling or assistance, except 
     that such safeguards shall not prevent a component referral 
     to evaluate the ability of an employee to meet established 
     medical or psychological standards by such component or to 
     evaluate the national security eligibility of the employee;
       ``(C) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(D) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(E) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(F) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(G) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(H) prioritizing, as appropriate, expertise in the 
     provision of psychological health counseling and assistance 
     for certain populations of the workforce, such as employees 
     serving in positions within law enforcement, to help improve 
     outcomes for those employees receiving that counseling or 
     assistance; and
       ``(I) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that delivers direct patient care 
     regarding contracts for the delivery of direct patient care, 
     other medical services, and medical supplies;
       ``(12) coordinating with--
       ``(A) the Countering Weapons of Mass Destruction Office;
       ``(B) other components of the Department as directed by the 
     Secretary;
       ``(C) Federal agencies, including the Department of 
     Agriculture, the Department of Health and Human Services, the 
     Department of State, and the Department of Transportation;
       ``(D) State, local, and Tribal governments; and
       ``(E) the medical community; and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information to State, local, and Tribal governments and 
     nongovernmental organizations;
       ``(2) enter into agreements with other Federal agencies; 
     and
       ``(3) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Chief Privacy Officer of the Department 
     to the extent consistent with the authority of the Chief 
     Privacy Officer of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this subsection, and 
     every 4 years thereafter, the Secretary shall create a 
     Departmentwide strategy and implementation plan to address 
     medical activities of, and the workforce health and safety 
     matters under the purview of, the Department.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated;
       (8) in section 2303, as so redesignated--
       (A) in subsection (a), by striking ``Assistant Secretary 
     for the Countering Weapons of Mass Destruction Office'' and 
     inserting ``Chief Medical Officer''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Homeland Security 
     Presidential Directive 9-Defense of the United States 
     Agriculture and Food'' and inserting ``National Security 
     Memorandum 16--Strengthening the Security and Resilience of 
     the United States Food and Agriculture''; and
       (ii) in paragraph (6), by inserting ``the Department of 
     Agriculture and other'' before ``appropriate'';
       (9) by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated;
       (10) in section 2304(f)(2)(B), as so redesignated, by 
     striking ``Office of the Assistant Secretary for Preparedness 
     and Response'' and inserting ``Administration for Strategic 
     Preparedness and Response''; and
       (11) by inserting after section 2304, as so redesignated, 
     the following:

     ``SEC. 2305. RULES OF CONSTRUCTION.

       ``Nothing in this title shall be construed to--
       ``(1) override or otherwise affect the requirements 
     described in section 888;
       ``(2) require the advice of the Chief Medical Officer on 
     the appointment of Coast Guard officers or the officer from 
     the Public Health Service of the Department of Health and 
     Human Services assigned to the Coast Guard;
       ``(3) provide the Chief Medical Officer with authority to 
     take any action that would diminish the interoperability of 
     the Coast Guard medical system with the medical systems of 
     the other branches of the Armed Forces of the United States; 
     or
       ``(4) affect or diminish the authority of the Secretary of 
     Health and Human Services or to grant to the Chief Medical 
     Officer any authority that is vested in, or delegated to, the 
     Secretary of Health and Human Services.''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this

[[Page S2837]]

     Act, and serving as the Chief Medical Officer of the 
     Department of Homeland Security on the day before the date of 
     enactment of this Act, shall continue to serve as the Chief 
     Medical Officer of the Department on and after the date of 
     enactment of this Act without the need for reappointment.
       (2) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 6405. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this chapter, is amended by adding at the end the 
     following:

     ``SEC. 2306. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services with the 
     Department;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and
       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out on 
     or after the date of enactment of this section by the 
     Department to assess the quality of medical care, including 
     activities conducted by individuals, committees, or other 
     review bodies responsible for quality assurance, credentials, 
     infection control, incident reporting, the delivery, 
     advisement, and support of direct patient care and assessment 
     (including treatment procedures, blood, drugs, and 
     therapeutics), medical records, health resources management 
     review, or identification and prevention of medical, mental 
     health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means the proceedings, records (including patient records 
     that the Department creates and maintains as part of a system 
     of records), minutes, and reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to such record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by such individual in connection with such 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if such 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if such 
     medical quality assurance record of the Department or 
     testimony is needed by the board, agency, society, or 
     organization to perform licensing, credentialing, or the 
     monitoring of professional standards with respect to any 
     health care provider who is or was a health care provider for 
     the Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if such medical quality 
     assurance record of the Department or testimony is needed by 
     such institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for such medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their employment or 
     contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that such medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity de-identified aggregate statistical 
     information regarding the results of medical quality 
     assurance programs, under de-identification standards 
     developed by the Secretary in consultation with the Secretary 
     of Health and Human Services, as appropriate, that is 
     released in a manner in accordance with all other applicable 
     legal requirements; or
       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Records, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code.
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable under this section for that participation 
     or for providing that information if the participation or 
     provision of information was--
       ``(1) provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place; and
       ``(2) made in accordance with any other applicable legal 
     requirement, including Federal privacy laws and regulations.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record

[[Page S2838]]

     of a patient, on the grounds that the information was 
     presented during meetings of a review body that are part of a 
     medical quality assurance program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.
       ``(l) Continued Protection.--Disclosure under subsection 
     (d) does not permit redisclosure except to the extent the 
     further disclosure is authorized under subsection (d) or is 
     otherwise authorized to be disclosed under this section.
       ``(m) Relationship to Other Law.--This section shall 
     continue in force and effect, except as otherwise 
     specifically provided in any Federal law enacted after the 
     date of enactment of this Act.
       ``(n) Rule of Construction.--Nothing in this section shall 
     be construed to supersede the requirements of--
       ``(1) the Health Insurance Portability and Accountability 
     Act of 1996 (Public Law 104-191; 110 Stat. 1936) and its 
     implementing regulations;
       ``(2) part 1 of subtitle D of title XIII of the Health 
     Information Technology for Economic and Clinical Health Act 
     (42 U.S.C. 17931 et seq.) and its implementing regulations; 
     or
       ``(3) sections 921 through 926 of the Public Health Service 
     Act (42 U.S.C. 299b-21 through 299b-26) and their 
     implementing regulations.''.

     SEC. 6406. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.
``Sec. 2304. Medical countermeasures.
``Sec. 2305. Rules of construction.
``Sec. 2306. Confidentiality of medical quality assurance records.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in section subsection (d)(3) of section 1923(d)(3) (6 
     U.S.C. 592), as so redesignated--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving''; and
       (6) by striking the subtitle heading for subtitle C of 
     title XIX.

     TITLE LXV--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN

            Subtitle A--American Security Drone Act of 2023

     SEC. 6501. SHORT TITLE.

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

     SEC. 6502. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity included on a list developed and 
     maintained by the Federal Acquisition Security Council and 
     published in the System for Award Management (SAM). This list 
     will include entities in the following categories:
       (A) An entity included on the Consolidated Screening List.
       (B) Any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security.
       (C) Any entity the Secretary of Homeland Security, in 
     coordination with the Attorney General, Director of National 
     Intelligence, and the Secretary of Defense, determines poses 
     a national security risk.
       (D) Any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Covered unmanned aircraft system.--The term ``covered 
     unmanned aircraft system'' has the meaning given the term 
     ``unmanned aircraft system'' in section 44801 of title 49, 
     United States Code.
       (3) Intelligence; intelligence community.--The terms 
     ``intelligence'' and ``intelligence community'' have the 
     meanings given those terms in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).

     SEC. 6503. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     through (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that is manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements related to the collection and 
     transmission of sensitive information (consisting of 
     communication links and the components that control the 
     unmanned aircraft) that enable the operator to operate the 
     aircraft in the National Airspace System. The Federal 
     Acquisition Security Council, in coordination with the 
     Secretary of Transportation, shall develop and update a list 
     of associated elements.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the procurement is required in the 
     national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the sole purpose of conducting 
     safety investigations.
       (e) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.

     SEC. 6504. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is two years 
     after the date of the enactment of this Act, no Federal 
     department or agency may operate a covered unmanned aircraft 
     system manufactured or assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered unmanned aircraft 
     systems that are being used by any executive agency through 
     the method of contracting for the services of covered 
     unmanned aircraft systems.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, the

[[Page S2839]]

     Director of National Intelligence, and the Attorney General 
     are exempt from the restriction under subsection (a) if the 
     operation is required in the national interest of the United 
     States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation is deemed to support the safe, secure, or efficient 
     operation of the National Airspace System or maintenance of 
     public safety, including activities carried out under the 
     Federal Aviation Administration's Alliance for System Safety 
     of UAS through Research Excellence (ASSURE) Center of 
     Excellence (COE) and any other activity deemed to support the 
     safe, secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, as determined by the 
     Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation is 
     necessary for the sole purpose of conducting safety 
     investigations.
       (e) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (f) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security, in consultation with the Attorney General 
     and the Secretary of Transportation, shall prescribe 
     regulations or guidance to implement this section.

     SEC. 6505. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
                   PROCUREMENT AND OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is two years 
     after the date of the enactment of this Act, except as 
     provided in subsection (b), no Federal funds awarded through 
     a contract, grant, or cooperative agreement, or otherwise 
     made available may be used--
       (1) to procure a covered unmanned aircraft system that is 
     manufactured or assembled by a covered foreign entity; or
       (2) in connection with the operation of such a drone or 
     unmanned aircraft system.
       (b) Exemption.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the procurement or operation is 
     required in the national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation or 
     procurement is necessary for the purpose of meeting NOAA's 
     science or management objectives or operational mission.
       (e) Waiver.--The head of an executive agency may waive the 
     prohibition under subsection (a) on a case-by-case basis--
       (1) with the approval of the Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (f) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall prescribe regulations or guidance, as 
     necessary, to implement the requirements of this section 
     pertaining to Federal contracts.

     SEC. 6506. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE 
                   CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT 
                   SYSTEMS FROM COVERED FOREIGN ENTITIES.

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

     SEC. 6507. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--All executive agencies must account for 
     existing inventories of covered unmanned aircraft systems 
     manufactured or assembled by a covered foreign entity in 
     their personal property accounting systems, within one year 
     of the date of enactment of this Act, regardless of the 
     original procurement cost, or the purpose of procurement due 
     to the special monitoring and accounting measures necessary 
     to track the items' capabilities.
       (b) Classified Tracking.--Due to the sensitive nature of 
     missions and operations conducted by the United States 
     Government, inventory data related to covered unmanned 
     aircraft systems manufactured or assembled by a covered 
     foreign entity may be tracked at a classified level, as 
     determined by the Secretary of Homeland Security or the 
     Secretary's designee.
       (c) Exceptions.--The Department of Defense, the Department 
     of Homeland Security, the Department of Justice, the 
     Department of Transportation, and the National Oceanic and 
     Atmospheric Administration may exclude from the full 
     inventory process, covered unmanned aircraft systems that are 
     deemed expendable due to mission risk such as recovery 
     issues, or that are one-time-use covered unmanned aircraft 
     due to requirements and low cost.

     SEC. 6508. COMPTROLLER GENERAL REPORT.

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

     SEC. 6509. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in coordination with the Department of 
     Homeland Security, Department of Transportation, the 
     Department of Justice, and other Departments as determined by 
     the Director of the Office of Management and Budget, and in 
     consultation with the National Institute of Standards and 
     Technology, shall establish a government-wide policy for the 
     procurement of an unmanned aircraft system--
       (1) for non-Department of Defense and non-intelligence 
     community operations; and
       (2) through grants and cooperative agreements entered into 
     with non-Federal entities.
       (b) Information Security.--The policy developed under 
     subsection (a) shall include the following specifications, 
     which to the extent practicable, shall be based on industry 
     standards and technical guidance from the National Institute 
     of Standards and Technology, to address the risks associated 
     with processing, storing, and transmitting Federal 
     information in an unmanned aircraft system:
       (1) Protections to ensure controlled access to an unmanned 
     aircraft system.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to an unmanned aircraft system are properly managed, 
     including by ensuring an unmanned

[[Page S2840]]

     aircraft system can be updated using a secure, controlled, 
     and configurable mechanism.
       (3) Cryptographically securing sensitive collected, stored, 
     and transmitted data, including proper handling of privacy 
     data and other controlled unclassified information.
       (4) Appropriate safeguards necessary to protect sensitive 
     information, including during and after use of an unmanned 
     aircraft system.
       (5) Appropriate data security to ensure that data is not 
     transmitted to or stored in non-approved locations.
       (6) The ability to opt out of the uploading, downloading, 
     or transmitting of data that is not required by law or 
     regulation and an ability to choose with whom and where 
     information is shared when it is required.
       (c) Requirement.--The policy developed under subsection (a) 
     shall reflect an appropriate risk-based approach to 
     information security related to use of an unmanned aircraft 
     system.
       (d) Revision of Acquisition Regulations.--Not later than 
     180 days after the date on which the policy required under 
     subsection (a) is issued--
       (1) the Federal Acquisition Regulatory Council shall revise 
     the Federal Acquisition Regulation, as necessary, to 
     implement the policy; and
       (2) any Federal department or agency or other Federal 
     entity not subject to, or not subject solely to, the Federal 
     Acquisition Regulation shall revise applicable policy, 
     guidance, or regulations, as necessary, to implement the 
     policy.
       (e) Exemption.--In developing the policy required under 
     subsection (a), the Director of the Office of Management and 
     Budget shall--
       (1) incorporate policies to implement the exemptions 
     contained in this subtitle; and
       (2) incorporate an exemption to the policy in the case of a 
     head of the procuring department or agency determining, in 
     writing, that no product that complies with the information 
     security requirements described in subsection (b) is capable 
     of fulfilling mission critical performance requirements, and 
     such determination--
       (A) may not be delegated below the level of the Deputy 
     Secretary, or Administrator, of the procuring department or 
     agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies 
     and the procurement value of those items; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed three years;
       (C) shall be reported to the Office of Management and 
     Budget following issuance of such a determination; and
       (D) not later than 30 days after the date on which the 
     determination is made, shall be provided to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives.

     SEC. 6510. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND 
                   EMERGENCY SERVICE EXEMPTION.

       (a) Rule of Construction.--Nothing in this subtitle shall 
     prevent a State, local, or territorial law enforcement or 
     emergency service agency from procuring or operating a 
     covered unmanned aircraft system purchased with non-Federal 
     dollars.
       (b) Continuity of Arrangements.--The Federal Government may 
     continue entering into contracts, grants, and cooperative 
     agreements or other Federal funding instruments with State, 
     local, or territorial law enforcement or emergency service 
     agencies under which a covered unmanned aircraft system will 
     be purchased or operated if the agency has received approval 
     or waiver to purchase or operate a covered unmanned aircraft 
     system pursuant to section 6505.

     SEC. 6511. STUDY.

       (a) Study on the Supply Chain for Unmanned Aircraft Systems 
     and Components.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition and Sustainment shall provide to the 
     appropriate congressional committees a report on the supply 
     chain for covered unmanned aircraft systems, including a 
     discussion of current and projected future demand for covered 
     unmanned aircraft systems.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the current and future global and 
     domestic market for covered unmanned aircraft systems that 
     are not widely commercially available except from a covered 
     foreign entity.
       (B) A description of the sustainability, availability, 
     cost, and quality of secure sources of covered unmanned 
     aircraft systems domestically and from sources in allied and 
     partner countries.
       (C) The plan of the Secretary of Defense to address any 
     gaps or deficiencies identified in subparagraph (B), 
     including through the use of funds available under the 
     Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and 
     partnerships with the National Aeronautics and Space 
     Administration and other interested persons.
       (D) Such other information as the Under Secretary of 
     Defense for Acquisition and Sustainment determines to be 
     appropriate.
       (3) Appropriate congressional committees defined.--In this 
     section the term ``appropriate congressional committees'' 
     means:
       (A) The Committees on Armed Services of the Senate and the 
     House of Representatives.
       (B) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives.
       (C) The Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.
       (D) The Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (E) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (F) The Committee on Homeland Security of the House of 
     Representatives.

     SEC. 6512. EXCEPTIONS.

       (a) Exception for Wildfire Management Operations and Search 
     and Rescue Operations.--The appropriate Federal agencies, in 
     consultation with the Secretary of Homeland Security, are 
     exempt from the procurement and operation restrictions under 
     sections 6503, 6504, and 6505 to the extent the procurement 
     or operation is necessary for the purpose of supporting the 
     full range of wildfire management operations or search and 
     rescue operations.
       (b) Exception for Intelligence Activities.--The elements of 
     the intelligence community, in consultation with the Director 
     of National Intelligence, are exempt from the procurement and 
     operation restrictions under sections 6503, 6504, and 6505 to 
     the extent the procurement or operation is necessary for the 
     purpose of supporting intelligence activities.
       (c) Exception for Tribal Law Enforcement or Emergency 
     Service Agency.--Tribal law enforcement or Tribal emergency 
     service agencies, in consultation with the Secretary of 
     Homeland Security, are exempt from the procurement, 
     operation, and purchase restrictions under sections 6503, 
     6504, and 6505 to the extent the procurement or operation is 
     necessary for the purpose of supporting the full range of law 
     enforcement operations or search and rescue operations on 
     Indian lands.

     SEC. 6513. SUNSET.

       Sections 6503, 6504, and 6505 shall cease to have effect on 
     the date that is five years after the date of the enactment 
     of this Act.

  Subtitle B--Government-wide Study Relating to High-security Leased 
                                 Space

     SEC. 6521. GOVERNMENT-WIDE STUDY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Beneficial owner.--
       (A) In general.--The term ``beneficial owner'', with 
     respect to a covered entity, means each natural person who, 
     directly or indirectly, through any contract, arrangement, 
     understanding, relationship, or otherwise--
       (i) exercises substantial control over the covered entity; 
     or
       (ii) owns or controls not less than 25 percent of the 
     ownership interests of, or receives substantial economic 
     benefits from the assets of, the covered entity.
       (B) Exclusions.--The term ``beneficial owner'', with 
     respect to a covered entity, does not include--
       (i) a minor;
       (ii) a person acting as a nominee, intermediary, custodian, 
     or agent on behalf of another person;
       (iii) a person acting solely as an employee of the covered 
     entity and whose control over or economic benefits from the 
     covered entity derives solely from the employment status of 
     the person;
       (iv) a person whose only interest in the covered entity is 
     through a right of inheritance, unless the person also meets 
     the requirements of subparagraph (A); or
       (v) a creditor of the covered entity, unless the creditor 
     also meets the requirements of subparagraph (A).
       (C) Anti-abuse rule.--The exclusions under subparagraph (B) 
     shall not apply if, in the determination of the 
     Administrator, an exclusion is used for the purpose of 
     evading, circumventing, or abusing the requirements of this 
     Act.
       (3) Control.--The term ``control'', with respect to a 
     covered entity, means--
       (A) having the authority or ability to determine how the 
     covered entity is utilized; or
       (B) having some decisionmaking power for the use of the 
     covered entity.
       (4) Covered entity.--The term ``covered entity'' means--
       (A) a person, corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization, or group; or
       (B) any governmental entity or instrumentality of a 
     government.
       (5) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (6) Federal agency.--The term ``Federal agency'' means--
       (A) an Executive agency; and
       (B) any establishment in the legislative or judicial branch 
     of the Federal Government.
       (7) Federal lessee.--
       (A) In general.--The term ``Federal lessee'' means--
       (i) the Administrator;
       (ii) the Architect of the Capitol; and
       (iii) the head of any other Federal agency that has 
     independent statutory leasing authority.
       (B) Exclusions.--The term ``Federal lessee'' does not 
     include--

[[Page S2841]]

       (i) the head of an element of the intelligence community; 
     or
       (ii) the Secretary of Defense.
       (8) Federal tenant.--
       (A) In general.--The term ``Federal tenant'' means a 
     Federal agency that is occupying or will occupy a high-
     security leased space for which a lease agreement has been 
     secured on behalf of the Federal agency.
       (B) Exclusion.--The term ``Federal tenant'' does not 
     include an element of the intelligence community.
       (9) Foreign entity.--The term ``foreign entity'' means--
       (A) a corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization, or group that is headquartered in or 
     organized under the laws of--
       (i) a country that is not the United States; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is not located within or a territory of the United 
     States; or
       (B) a government or governmental instrumentality that is 
     not--
       (i) the United States Government; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is located within or a territory of the United States.
       (10) Foreign person.--The term ``foreign person'' means an 
     individual who is not a United States person.
       (11) High-security leased adjacent space.--The term ``high-
     security leased adjacent space'' means a building or office 
     space that shares a boundary with or surrounds a high-
     security leased space.
       (12) High-security leased space.--The term ``high-security 
     leased space'' means a space leased by a Federal lessee 
     that--
       (A) will be occupied by Federal employees for nonmilitary 
     activities; and
       (B) has a facility security level of III, IV, or V, as 
     determined by the Federal tenant in consultation with the 
     Interagency Security Committee, the Secretary of Homeland 
     Security, and the Administrator.
       (13) Highest-level owner.--The term ``highest-level owner'' 
     means an entity that owns or controls--
       (A) an immediate owner of the offeror of a lease for a 
     high-security leased adjacent space; or
       (B) 1 or more entities that control an immediate owner of 
     the offeror of a lease described in subparagraph (A).
       (14) Immediate owner.--The term ``immediate owner'' means 
     an entity, other than the offeror of a lease for a high-
     security leased adjacent space, that has direct control of 
     that offeror, including--
       (A) ownership or interlocking management;
       (B) identity of interests among family members;
       (C) shared facilities and equipment; and
       (D) the common use of employees.
       (15) Intelligence community.--The term ``intelligence 
     community'' has the meaning given the term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (16) Substantial economic benefits.--The term ``substantial 
     economic benefits'', with respect to a natural person 
     described in paragraph (2)(A)(ii), means having an 
     entitlement to the funds or assets of a covered entity that, 
     as a practical matter, enables the person, directly or 
     indirectly, to control, manage, or direct the covered entity.
       (17) United states person.--The term ``United States 
     person'' means an individual who--
       (A) is a citizen of the United States; or
       (B) is an alien lawfully admitted for permanent residence 
     in the United States.
       (b) Government-wide Study.--
       (1) Coordination study.--The Administrator, in coordination 
     with the Director of the Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall carry out a 
     Government-wide study examining options to assist agencies 
     (as defined in section 551 of title 5, United States Code) to 
     produce a security assessment process for high-security 
     leased adjacent space before entering into a lease or 
     novation agreement with a covered entity for the purposes of 
     accommodating a Federal tenant located in a high-security 
     leased space.
       (2) Contents.--The study required under paragraph (1)--
       (A) shall evaluate how to produce a security assessment 
     process that includes a process for assessing the threat 
     level of each occupancy of a high-security leased adjacent 
     space, including through--
       (i) site-visits;
       (ii) interviews; and
       (iii) any other relevant activities determined necessary by 
     the Director of the Federal Protective Service; and
       (B) may include a process for collecting and using 
     information on each immediate owner, highest-level owner, or 
     beneficial owner of a covered entity that seeks to enter into 
     a lease with a Federal lessee for a high-security leased 
     adjacent space, including--
       (i) name;
       (ii) current residential or business street address; and
       (iii) an identifying number or document that verifies 
     identity as a United States person, a foreign person, or a 
     foreign entity.
       (3) Working group.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall establish a working 
     group to assist in the carrying out of the study required 
     under paragraph (1).
       (B) No compensation.--A member of the working group 
     established under subparagraph (A) shall receive no 
     compensation as a result of serving on the working group.
       (C) Sunset.--The working group established under 
     subparagraph (A) shall terminate on the date on which the 
     report required under paragraph (6) is submitted.
       (4) Protection of information.--The Administrator shall 
     ensure that any information collected pursuant to the study 
     required under paragraph (1) shall not be made available to 
     the public.
       (5) Limitation.--Nothing in this subsection requires an 
     entity located in the United States to provide information 
     requested pursuant to the study required under paragraph (1).
       (6) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) the results of the study required under paragraph (1); 
     and
       (B) how all applicable privacy laws and rights relating to 
     the First and Fourth Amendments to the Constitution of the 
     United States would be upheld and followed in--
       (i) the security assessment process described in 
     subparagraph (A) of paragraph (2); and
       (ii) the information collection process described in 
     subparagraph (B) of that paragraph.
       (7) Limitation.--Nothing in this subsection authorizes a 
     Federal entity to mandate information gathering unless 
     specifically authorized by law.
       (8) Prohibition.--No information collected pursuant the 
     security assessment process described in paragraph (2)(A) may 
     be used for law enforcement purposes.
       (9) No additional funding.--No additional funds are 
     authorized to be appropriated to carry out this subsection.

     Subtitle C--Intergovernmental Critical Minerals Task Force Act

     SEC. 6531. SHORT TITLE.

       This subtitle may be cited as the ``Intergovernmental 
     Critical Minerals Task Force Act''.

     SEC. 6532. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committees on Homeland Security and Governmental 
     Affairs, Energy and Natural Resources, Armed Services, 
     Environment and Public Works, Commerce, Science, and 
     Transportation, and Foreign Relations of the Senate; and
       (B) the Committees on Oversight and Accountability, Natural 
     Resources, Armed Services, and Foreign Affairs of the House 
     of Representatives.
       (2) Covered country.--The term ``covered country'' means--
       (A) a covered nation (as defined in section 4872(d) of 
     title 10, United States Code); and
       (B) any other country determined by the task force to be a 
     geostrategic competitor or adversary of the United States 
     with respect to critical minerals.
       (3) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Task force.--The term ``task force'' means the task 
     force established under section 6534(b).

     SEC. 6533. FINDINGS.

       Congress finds that--
       (1) current supply chains of critical minerals pose a great 
     risk to the homeland and national security of the United 
     States;
       (2) critical minerals contribute to transportation, 
     technology, renewable energy, military equipment and 
     machinery, and other relevant entities crucial for the 
     homeland and national security of the United States;
       (3) in 2022, the United States was 100 percent import 
     reliant for 12 out of 50 critical minerals and more than 50 
     percent import reliant for an additional 31 critical mineral 
     commodities classified as ``critical'' by the United States 
     Geological Survey, and the People's Republic of China was the 
     top producing nation for 30 of those 50 critical minerals;
       (4) companies based in the People's Republic of China that 
     extract rare earth minerals around the world have received 
     hundreds of charges of human rights violations; and
       (5) on March 26, 2014, the World Trade Organization ruled 
     that the export restraints by the People's Republic of China 
     on rare earth metals violated obligations under the

[[Page S2842]]

     protocol of accession to the World Trade Organization, which 
     harmed manufacturers and workers in the United States.

     SEC. 6534. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

       (a) Purposes.--The purposes of the task force are--
       (1) to assess the reliance of the United States on the 
     People's Republic of China, and other covered countries, for 
     critical minerals, and the resulting homeland and national 
     security risks associated with that reliance, at each level 
     of the Federal, State, local, Tribal, and territorial 
     governments;
       (2) to make recommendations to onshore and improve the 
     domestic supply chain for critical minerals; and
       (3) to reduce the reliance of the United States, and 
     partners and allies of the United States, on critical mineral 
     supply chains involving covered countries.
       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Director shall establish a task 
     force to facilitate cooperation, coordination, and mutual 
     accountability among each level of the Federal Government and 
     State, local, Tribal, and territorial governments on a 
     holistic response to the dependence on covered countries for 
     critical minerals across the United States.
       (c) Composition; Meetings.--
       (1) Appointment.--The Director, in consultation with key 
     intergovernmental, private, and public sector stakeholders, 
     shall appoint to the task force representatives with 
     expertise in critical mineral supply chains from Federal 
     agencies, State, local, Tribal, and territorial governments, 
     including not less than 1 representative from each of--
       (A) the Bureau of Indian Affairs;
       (B) the Bureau of Land Management;
       (C) the Department of Agriculture;
       (D) the Department of Commerce;
       (E) the Department of Defense;
       (F) the Department of Energy;
       (G) the Department of Homeland Security;
       (H) the Department of Housing and Urban Development;
       (I) the Department of the Interior;
       (J) the Department of Labor;
       (K) the Department of State;
       (L) the Department of Transportation;
       (M) the Environmental Protection Agency;
       (N) the General Services Administration;
       (O) the National Science Foundation;
       (P) the United States International Development Finance 
     Corporation;
       (Q) the United States Geological Survey; and
       (R) any other relevant Federal entity, as determined by the 
     Director.
       (2) Consultation.--The task force shall consult individuals 
     with expertise in critical mineral supply chains, individuals 
     from States whose communities, businesses, and industries are 
     involved in aspects of the critical mineral supply chain, 
     including mining and processing operations, and individuals 
     from a diverse and balanced cross-section of--
       (A) intergovernmental consultees, including--
       (i) State governments;
       (ii) local governments;
       (iii) Tribal governments; and
       (iv) territorial governments; and
       (B) other stakeholders, including--
       (i) academic research institutions;
       (ii) corporations;
       (iii) nonprofit organizations;
       (iv) private sector stakeholders;
       (v) trade associations;
       (vi) mining industry stakeholders; and
       (vii) labor representatives.
       (3) Chair.--The Director may serve as chair of the task 
     force, or designate a representative of the task force to 
     serve as chair.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 90 days after the date 
     on which all representatives of the task force have been 
     appointed, the task force shall hold the first meeting of the 
     task force.
       (B) Frequency.--The task force shall meet not less than 
     once every 90 days.
       (d) Duties.--
       (1) In general.--The duties of the task force shall 
     include--
       (A) facilitating cooperation, coordination, and mutual 
     accountability for the Federal Government and State, local, 
     Tribal, and territorial governments to enhance data sharing 
     and transparency in the supply chains for critical minerals 
     in support of the purposes described in subsection (a);
       (B) providing recommendations with respect to--
       (i) research and development into emerging technologies 
     used to expand existing critical mineral supply chains in the 
     United States and to establish secure and reliable critical 
     mineral supply chains to the United States;
       (ii) increasing capacities for mining, processing, 
     refinement, reuse, and recycling of critical minerals in the 
     United States to facilitate the environmentally responsible 
     production of domestic resources to meet national critical 
     mineral needs, in consultation with Tribal and local 
     communities;
       (iii) identifying how statutes, regulations, and policies 
     related to the critical mineral supply chain could be 
     modified to accelerate environmentally responsible domestic 
     production of critical minerals, in consultation with Tribal 
     and local communities;
       (iv) strengthening the domestic workforce to support 
     growing critical mineral supply chains with good-paying, safe 
     jobs in the United States;
       (v) identifying alternative domestic sources to critical 
     minerals that the United States currently relies on the 
     People's Republic of China or other covered countries for 
     mining, processing, refining, and recycling, including the 
     availability, cost, and quality of those domestic 
     alternatives;
       (vi) identifying critical minerals and critical mineral 
     supply chains that the United States can onshore, at a 
     competitive availability, cost, and quality, for those 
     minerals and supply chains that the United States relies on 
     the People's Republic of China or other covered countries to 
     provide; and
       (vii) opportunities for the Federal Government and State, 
     local, Tribal, and territorial governments to mitigate risks 
     to the homeland and national security of the United States 
     with respect to supply chains for critical minerals that the 
     United States currently relies on the People's Republic of 
     China or other covered countries for mining, processing, 
     refining, and recycling;
       (C) prioritizing the recommendations in subparagraph (B), 
     taking into consideration economic costs and focusing on the 
     critical mineral supply chains with vulnerabilities posing 
     the most significant risks to the homeland and national 
     security of the United States;
       (D) establishing specific strategies, to be carried out in 
     coordination with the Secretary of State, to strengthen 
     international partnerships in furtherance of critical 
     minerals supply chain security with international allies and 
     partners, including--
       (i) countries with which the United States has a free trade 
     agreement;
       (ii) countries participating in the Indo-Pacific Economic 
     Framework for Prosperity;
       (iii) countries participating in the Quadrilateral Security 
     Dialogue;
       (iv) countries that are signatories to the Abraham Accords;
       (v) countries designated as eligible sub-Saharan Africa 
     countries under section 104 of the Africa Growth and 
     Opportunity Act (19 U.S.C. 3701 et seq.); and
       (vi) other countries or multilateral partnerships the Task 
     Force determines to be appropriate; and
       (E) other duties, as determined by the Director.
       (2) Report.--The Director shall--
       (A) not later than 2 years after the date of enactment of 
     this Act, submit to the appropriate committees of Congress a 
     report, which shall be submitted in unclassified form, but 
     may include a classified annex, that describes any findings, 
     guidelines, and recommendations created in performing the 
     duties under paragraph (1);
       (B) not later than 120 days after the date on which the 
     Director submits the report under subparagraph (A), publish 
     that report in the Federal Register and on the website of the 
     Office of Management and Budget, except that the Director 
     shall redact information from the report that the Director 
     determines could pose a risk to the homeland and national 
     security of the United States by being publicly available; 
     and
       (C) brief the appropriate committees of Congress twice per 
     year.
       (e) Sunset.--The task force shall terminate on the date 
     that is 90 days after the date on which the task force 
     completes the requirements under subsection (d)(2).
       (f) GAO Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study examining the Federal and State 
     regulatory landscape related to improving domestic supply 
     chains for critical minerals in the United States.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report that describes the results of the study under 
     paragraph (1).

                  Subtitle D--Federal Executive Boards

     SEC. 6541. SHORT TITLE.

       This subtitle may be cited as the ``Improving Government 
     Efficiency and Workforce Development through Federal 
     Executive Boards Act of 2023''.

     SEC. 6542. FEDERAL EXECUTIVE BOARDS.

       (a) In General.--Chapter 11 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the strategic coordination, communication, 
     and management of Government activities across the United 
     States, including to improve the experience of citizens 
     interacting with agencies, and to incorporate field 
     perspectives into the preparation of Federal workforce policy 
     goals;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs and 
     initiatives, including those that impact the competitiveness 
     of the United States in the global economy;
       ``(3) facilitate communication and collaboration on Federal 
     emergency preparedness and continuity of operations for the 
     Federal workforce in applicable geographic areas;
       ``(4) facilitate strategies and programs for recruiting, 
     training, managing, and retaining Federal employees, as well 
     as sharing best practices for improving the workforce 
     experience and access to education and training, including 
     with respect to the responsible use of emerging technology;
       ``(5) facilitate relationships with State and local 
     governments, colleges and universities,

[[Page S2843]]

     and local nonprofit organizations that collaborate with the 
     Federal Government; and
       ``(6) provide stable funding for Federal Executive Boards 
     to enable the activities described in paragraphs (1) through 
     (5).
       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency'--
       ``(A) means an Executive agency, as defined in section 105; 
     and
       ``(B) does not include the Government Accountability 
     Office.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Federal executive board.--The term `Federal Executive 
     Board' means an interagency entity--
       ``(A) established by the Director--
       ``(i) in coordination with the Director of the Office of 
     Management and Budget and the Administrator of General 
     Services; and
       ``(ii) in consultation with the headquarters of appropriate 
     agencies;
       ``(B) located in a geographic area with a high 
     concentration of Federal employees outside the Washington, 
     DC, metropolitan area; and
       ``(C) focused on strengthening the management and 
     administration of agency activities and coordination among 
     local Federal officers to implement national initiatives in 
     that geographic area.
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(5) State apprenticeship agency.--The term `State 
     Apprenticeship Agency' has the meaning given the term in 
     section 29.2 of title 29, Code of Federal Regulations, or any 
     successor regulation.
       ``(c) Perpetuation and Continued Support.--
       ``(1) In general.--The Director, in coordination with the 
     Director of the Office of Management and Budget and the 
     Administrator of General Services, shall continue to support 
     the existence of Federal Executive Boards in geographic areas 
     outside the Washington, DC, metropolitan area.
       ``(2) Consultation.--Before establishing any new Federal 
     Executive Boards that are not in existence on the date of 
     enactment of this section, the Director shall conduct a 
     review of existing Federal Executive Boards and consult with 
     the headquarters of appropriate agencies to guide the 
     determination of the number and location of Federal Executive 
     Boards.
       ``(3) Location.--The Director shall develop a set of 
     criteria to establish and evaluate the number and locations 
     of Federal Executive Boards that shall--
       ``(A) factor in contemporary Federal workforce data as of 
     the date of enactment of this section; and
       ``(B) be informed by the annual changes in workforce data, 
     including the geographic disbursement of the Federal 
     workforce and the role of remote work options.
       ``(4) Membership.--
       ``(A) In general.--Each Federal Executive Board for a 
     geographic area shall consist of the most senior officer of 
     each agency in that geographic area.
       ``(B) Alternate representative.--The senior officer of an 
     agency described in subparagraph (A) may designate, by title 
     of office, an alternate representative, who shall--
       ``(i) be a senior officer in the agency; and
       ``(ii) attend meetings and otherwise represent the agency 
     on the Federal Executive Board in the absence of the most 
     senior officer.
       ``(d) Administration and Oversight.--The Director, in 
     coordination with the Director of the Office of Management 
     and Budget and the Administrator of General Services, shall 
     administer and oversee Federal Executive Boards, including--
       ``(1) establishing staffing and accountability policies, 
     including performance standards, for employees responsible 
     for administering Federal Executive Boards with an 
     opportunity for employee customer service feedback from 
     agencies participating in Federal Executive Boards;
       ``(2) establishing communications policies for the 
     dissemination of information to agencies participating in 
     Federal Executive Boards; and
       ``(3) administering Federal Executive Board funding through 
     the fund established in subsection (f).
       ``(e) Governance and Activities.--
       ``(1) In general.--Each Federal Executive Board shall--
       ``(A) subject to the approval of the Director, adopt 
     charters or other rules for the internal governance of the 
     Federal Executive Board;
       ``(B) elect a Chairperson from among the members of the 
     Federal Executive Board, who shall serve for a set term;
       ``(C) serve as an instrument of outreach relating to agency 
     activities in the geographic area;
       ``(D) provide a forum to amplify the exchange of 
     information relating to programs and management methods and 
     problems--
       ``(i) between the national headquarters of agencies and the 
     field; and
       ``(ii) among field elements in geographic areas;
       ``(E) develop local coordinated approaches to the 
     development and operation of programs that have common 
     characteristics or serve the same populations;
       ``(F) communicate management initiatives and other concerns 
     from Federal officers and employees in the Washington, DC, 
     metropolitan area to Federal officers and employees in the 
     geographic area to achieve better mutual understanding and 
     support;
       ``(G) develop relationships with State and local 
     governments, institutions of higher education, and 
     nongovernmental organizations to help fulfill the roles and 
     responsibilities of the Federal Executive Board;
       ``(H) in coordination with appropriate agencies and 
     consistent with any relevant memoranda of understanding 
     between the Office of Personnel Management and those 
     agencies, facilitate communication, collaboration, and 
     training to prepare the Federal workforce for emergencies and 
     continuity of operations;
       ``(I) in coordination with appropriate agencies, support 
     agency efforts to place and recruit students in training 
     opportunities, particularly apprenticeships and paid 
     internships;
       ``(J) consult with the Secretary of Labor or State 
     Apprenticeship Agencies on the process for establishing 
     registered apprenticeship programs within agencies, as 
     appropriate;
       ``(K) consult with State workforce development boards and 
     local workforce development boards as established in sections 
     101 and 107 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3111, 3122), respectively, as appropriate;
       ``(L) as appropriate and in accordance with law, rules, and 
     policies, lead cross-agency talent management initiatives--
       ``(i) including interagency--

       ``(I) recruitment and hiring activities;
       ``(II) internships and apprenticeships;
       ``(III) onboarding and leadership and management 
     development; and
       ``(IV) mentorship programs; and

       ``(ii) by prioritizing initiatives related to--

       ``(I) conducting outreach to communities of individuals 
     with demographics that are underrepresented in a given 
     occupation or agency;
       ``(II) addressing skills gaps within the Federal Government 
     related to high-risk areas as identified by the Government 
     Accountability Office;
       ``(III) enabling the Federal workforce to adapt to and 
     responsibly use emerging technology; and
       ``(IV) strengthening the competitiveness of the United 
     States in the global economy;

       ``(M) coordinate with the Transition Assistance Centers 
     established to carry out the Transition Assistance Program of 
     the Department of Defense to help members of the Armed Forces 
     who are transitioning to civilian life apply for Government 
     positions in the geographic location of the Federal Executive 
     Board;
       ``(N) as appropriate, serve as a collaborative space where 
     employees from across agencies can participate in innovation 
     projects relevant to Federal initiatives by applying human-
     centered design, user-experience design, or other creativity 
     methods; and
       ``(O) take other actions as agreed to by the Federal 
     Executive Board and the Director, in consultation with the 
     Director of the Office of Management and Budget and the 
     Administrator of General Services.
       ``(2) Coordination of certain activities.--The facilitation 
     of communication, collaboration, and training described in 
     paragraph (1)(H) shall, when appropriate, be coordinated and 
     defined through written agreements entered into between the 
     Director and the heads of the applicable agencies.
       ``(3) Non-monetary donations.--Each Federal Executive Board 
     may accept donations of supplies, services, land, and 
     equipment consistent with the purposes described in 
     paragraphs (1) through (5) of subsection (a), including to 
     assist in carrying out the activities described in paragraph 
     (1) of this subsection.
       ``(4) Programmatic assessments.--Not less frequently than 
     semi-annually or following each major programmatic activity, 
     each Federal Executive Board shall assess the experience of 
     participants or other relevant stakeholders in each program 
     provided by the Federal Executive Board.
       ``(f) Funding.--
       ``(1) Establishment of fund.--The Director, in coordination 
     with the Director of the Office of Management and Budget and 
     the Administrator of General Services, shall establish a 
     Federal Executive Board Fund within the Office of Personnel 
     Management for financing essential Federal Executive Board 
     functions for the purposes of staffing and operating 
     expenses.
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1) amounts transferred to the 
     fund pursuant to paragraph (3) from each agency participating 
     in Federal Executive Boards, according to a formula 
     established by the Director--
       ``(A) in consultation with the headquarters of those 
     agencies; and
       ``(B) in coordination with the Director of the Office of 
     Management and Budget and the Administrator of General 
     Services.
       ``(3) Contributions.--
       ``(A) Contribution transfers.--Subject to the formula for 
     contributions established by the Director under paragraph 
     (2), each agency participating in Federal Executive Boards 
     shall transfer amounts to the fund established under 
     paragraph (1).
       ``(B) Formula.--
       ``(i) In general.--The formula for contributions 
     established by the Director under paragraph (2) shall 
     consider the number of employees in each agency in all 
     geographic areas served by Federal Executive Boards.

[[Page S2844]]

       ``(ii) Recalculation.--The contribution of the headquarters 
     of each agency under clause (i) to the fund established under 
     paragraph (1) shall be recalculated not less frequently than 
     every 2 years.
       ``(C) In-kind contributions.--At the discretion of the 
     Director, an agency may provide in-kind contributions instead 
     of, or in addition to, providing monetary contributions to 
     the fund established under paragraph (1).
       ``(4) Minimum amount.--
       ``(A) In general.--The fund established under paragraph (1) 
     shall include a minimum of $15,000,000 in each fiscal year, 
     to remain available until expended.
       ``(B) Adjustment.--The Director shall adjust the amount 
     required under subparagraph (A) every 2 years on a schedule 
     aligned with the recalculation described in paragraph 
     (3)(B)(ii) to reflect--
       ``(i) the percentage increase, if any, in the Consumer 
     Price Index for all Urban Consumers as determined by the 
     Bureau of Labor Statistics; and
       ``(ii) any changes in costs related to Federal pay changes 
     authorized by the President or by an Act of Congress.
       ``(5) Use of excess amounts.--Any unobligated and 
     unexpended balances in the fund established under paragraph 
     (1) that the Director determines to be in excess of amounts 
     needed for Federal Executive Board functions shall be 
     allocated among the Federal Executive Boards for the 
     activities described in subsection (e) by the Director--
       ``(A) in coordination with the Director of the Office of 
     Management and Budget and the Administrator of General 
     Services; and
       ``(B) in consultation with the headquarters of agencies 
     participating in Federal Executive Boards.
       ``(6) Administrative and oversight costs.--The Office of 
     Personnel Management shall pay for costs relating to 
     administrative and oversight activities conducted under 
     subsection (d) from appropriations made available to the 
     Office of Personnel Management.
       ``(g) Reports.--The Director, in coordination with the 
     Director of the Office of Management and Budget and the 
     Administrator of General Services, shall submit biennial 
     reports to Congress and to agencies participating in Federal 
     Executive Boards on the outcomes of and budget matters 
     related to Federal Executive Boards.
       ``(h) Regulations.--The Director, in coordination with the 
     Director of the Office of Management and Budget and the 
     Administrator of General Services, shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Report.--
       (1) Definition.--In this subsection, the term ``Federal 
     Executive Board'' has the meaning given the term in section 
     1106(b) of title 5, United States Code, as added by 
     subsection (a) of this section.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management, in coordination with the Director of 
     the Office of Management and Budget and the Administrator of 
     General Services, shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Accountability of the House of 
     Representatives a report that includes--
       (A) a description of essential Federal Executive Board 
     functions;
       (B) details of staffing requirements for each Federal 
     Executive Board; and
       (C) estimates of staffing and operating expenses for each 
     Federal Executive Board.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 11 of title 5, United States Code, is 
     amended by inserting after the item relating to section 1105 
     the following:

``1106. Federal Executive Boards.''.

   Subtitle E--Mitigating Foreign Influence in Classified Government 
                             Contracts Act

     SEC. 6551. SHORT TITLE.

       This subtitle may be cited as the ``Mitigating Foreign 
     Influence in Classified Government Contracts Act''.

     SEC. 6552. DEFINITIONS.

       In this Act:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Armed Services, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Oversight and Accountability, the 
     Committee on Armed Services, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Cognizant security agencies; entity; foreign 
     interest.-- The terms ``cognizant security agencies'', 
     ``entity'', and ``foreign interest'' have the meanings given 
     those term in section 2004.4 of title 32, Code of Federal 
     Regulations.
       (3) Director.--The term ``Director'' means the Director of 
     the Information Security Oversight Office.
       (4) NISPPAC.--The term ``NISPPAC'' means the National 
     Industrial Security Program Policy Advisory Committee 
     established by Executive Order 12829 (50 U.S.C. 3161 note; 
     relating to national industrial security program).

     SEC. 6553. ASSESSMENT OF FOREIGN INFLUENCE IN NATIONAL 
                   INDUSTRIAL SECURITY PROGRAM.

       (a) In General.--The Director shall convene and direct 
     NISPPAC to complete and submit, not later than 1 year after 
     the date of the enactment of this Act, to the Director an 
     assessment of foreign influence in the National Industrial 
     Security Program.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) A definition of foreign influence that focuses on 
     contractual agreements or other non-ownership means that may 
     allow foreign interests unauthorized access to classified 
     information or to adversely affect performance of a contract 
     or agreement requiring access to classified information.
       (2) An assessment of the extent of the threat of foreign 
     influence in the National Industrial Security Program.
       (3) A description of the challenges in identifying foreign 
     influence.
       (4) A list of the criteria and factors that should be 
     considered to identify foreign influence requiring 
     mitigation.
       (5) An identification of the methods, if any, currently 
     used to mitigate foreign influence.
       (6) An assessment of the effectiveness and limitations of 
     such mitigations, and recommendations for new mitigation 
     methods.
       (7) An assessment of whether processes to identify and 
     mitigate foreign influence are consistent across cognizant 
     security agencies.
       (8) An identification of the tools available to assist 
     entities identify and avoid foreign influence that would 
     require mitigation, and recommendations for tools needed.
       (c) Submission to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Director shall 
     submit to the appropriate congressional committees the 
     assessment completed under subsection (a).

     SEC. 6554. STRATEGY TO IDENTIFY AND MITIGATE FOREIGN 
                   INFLUENCE IN NATIONAL INDUSTRIAL SECURITY 
                   PROGRAM.

       (a) In General.--Not later than 540 days after the date of 
     the enactment of this Act, the Director, in consultation with 
     the cognizant security agencies, shall submit to the 
     appropriate committees of Congress a strategy, to be known as 
     the ``National Strategy to Mitigate Foreign Influence in the 
     National Industrial Security Program'', to improve the 
     ability of the Federal Government and entities to identify 
     and mitigate foreign influence.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) Processes to identify foreign influence requiring 
     mitigation, including entity submission of standard forms and 
     government security reviews.
       (2) Methods to mitigate foreign influence.
       (3) Practices to ensure processes to identify foreign 
     influence and methods to mitigate foreign influence are 
     consistent across cognizant security agencies.
       (4) Tools, including best practices, to assist entities in 
     recognizing the risk of foreign influence and implementing 
     methods to mitigate foreign influence.
       (5) Proposed updates to parts 117 and 2004 of title 32, 
     Code of Federal Regulations.
       (6) Recommendations for legislation as the Director 
     considers appropriate.
       (c) Implementation.--
       (1) In general.--Not later than 90 days after the date on 
     which the strategy required under subsection (a) is submitted 
     to the appropriate committees of Congress, the Director, in 
     collaboration with the cognizant security agencies, shall 
     commence implementation of the strategy.
       (2) Report.--Not later than 1 year after the date on which 
     the Director commences implementation of the strategy 
     required by subsection (a) in accordance with paragraph (1), 
     the Director shall submit to the appropriate committees of 
     Congress a report describing the efforts of the cognizant 
     security agencies to implement the strategy and the progress 
     of such efforts.
                                 ______
                                 
  SA 707. Mr. JOHNSON 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. ____. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of Defense, shall submit to 
     Congress an assessment of large power transformers in the 
     United States.
       (b) Requirements.--The assessment required under subsection 
     (a) shall include--
       (1) an identification of the number of large power 
     transformers in the United States as of the date of the 
     assessment;
       (2) a description of the age and condition of the large 
     power transformers identified under paragraph (1);
       (3) an identification of the number of large power 
     transformers identified under paragraph (1) that require 
     replacement or significant repair as of the date of the 
     assessment;
       (4) an estimate of the number of large power transformers 
     that would be required in the United States if there was a 
     need for recovery of the electric grid on a nationwide scale; 
     and
       (5) a cost estimate for the domestic manufacture of a large 
     power transformer.

[[Page S2845]]

  

                                 ______
                                 
  SA 708. 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 X, insert the following:

     SEC. 10__. EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS HIGH 
                   TECHNOLOGY PILOT PROGRAM.

       (a) Extension.--Section 116(h) of the Harry W. Colmery 
     Veterans Educational Assistance Act of 2017 (38 U.S.C. 3001 
     note) is amended by striking ``the date that is 5 years after 
     the date on which the Secretary first enters into a contract 
     under this section'' and inserting ``December 31, 2023''.
       (b) Recission of Certain Amounts Appropriated by American 
     Rescue Plan Act of 2021.--Of the amounts appropriated by 
     section 523(a) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260) to the account 
     described in such section that remain unobligated on the date 
     of the enactment of this Act, $4,000,000 is hereby rescinded.
                                 ______
                                 
  SA 709. 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 X, insert the following:

     SEC. 10__. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY 
                   PROGRAM.

       (a) High Technology Program.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3699C. High technology program

       ``(a) Establishment.--(1) The Secretary shall carry out a 
     program under which the Secretary provides covered 
     individuals with the opportunity to enroll in high technology 
     programs of education that the Secretary determines provide 
     training or skills sought by employers in a relevant field or 
     industry.
       ``(2) Not more than 6,000 covered individuals may 
     participate in the program under this section in any fiscal 
     year.
       ``(b) Amount of Assistance.--(1) The Secretary shall 
     provide, to each covered individual who pursues a high 
     technology program of education under this section, 
     educational assistance in amounts equal to the amounts 
     provided under section 3313(c)(1) of this title, including 
     with respect to the housing stipend described in that section 
     and in accordance with the treatment of programs that are 
     distance learning and programs that are less than half-time.
       ``(2) Under paragraph (1), the Secretary shall provide such 
     amounts of educational assistance to a covered individual for 
     each of the following:
       ``(A) A high technology program of education.
       ``(B) A second such program if--
       ``(i) the second such program begins at least 18 months 
     after the covered individual graduates from the first such 
     program; and
       ``(ii) the covered individual uses educational assistance 
     under chapter 33 of this title to pursue the second such 
     program.
       ``(c) Contracts.--(1) For purposes of carrying out 
     subsection (a), the Secretary shall seek to enter into 
     contracts with any number of qualified providers of high 
     technology programs of education for the provision of such 
     programs to covered individuals. Each such contract shall 
     provide for the conditions under which the Secretary may 
     terminate the contract with the provider and the procedures 
     for providing for the graduation of students who were 
     enrolled in a program provided by such provider in the case 
     of such a termination.
       ``(2) A contract under this subsection shall provide that 
     the Secretary shall pay to a provider--
       ``(A) upon the enrollment of a covered individual in the 
     program, 25 percent of the cost of the tuition and other fees 
     for the program of education for the individual;
       ``(B) upon graduation of the individual from the program, 
     25 percent of such cost; and
       ``(C) 50 percent of such cost upon--
       ``(i) the successful employment of the covered individual 
     for a period--
       ``(I) of 180 days in the field of study of the program; and
       ``(II) that begins not later than 180 days following 
     graduation of the covered individual from the program;
       ``(ii) the employment of the individual by the provider for 
     a period of one year; or
       ``(iii) the enrollment of the individual in a program of 
     education to continue education in such field of study.
       ``(3) For purposes of this section, a provider of a high 
     technology program of education is qualified if--
       ``(A) the provider employs instructors whom the Secretary 
     determines are experts in their respective fields in 
     accordance with paragraph (5);
       ``(B) the provider has successfully provided the high 
     technology program for at least one year;
       ``(C) the provider does not charge tuition and fees to a 
     covered individual who receives assistance under this section 
     to pursue such program that are higher than the tuition and 
     fees charged by such provider to another individual; and
       ``(D) the provider meets the approval criteria developed by 
     the Secretary under paragraph (4).
       ``(4)(A) The Secretary shall prescribe criteria for 
     approving providers of a high technology program of education 
     under this section.
       ``(B) In developing such criteria, the Secretary may 
     consult with State approving agencies.
       ``(C) Such criteria are not required to meet the 
     requirements of section 3672 of this title.
       ``(D) Such criteria shall include the job placement rate, 
     in the field of study of a program of education, of covered 
     individuals who complete such program of education.
       ``(5) The Secretary shall determine whether instructors are 
     experts under paragraph (3)(A) based on evidence furnished to 
     the Secretary by the provider regarding the ability of the 
     instructors to--
       ``(A) identify professions in need of new employees to 
     hire, tailor the programs to meet market needs, and identify 
     the employers likely to hire graduates;
       ``(B) effectively teach the skills offered to covered 
     individuals;
       ``(C) provide relevant industry experience in the fields of 
     programs offered to incoming covered individuals; and
       ``(D) demonstrate relevant industry experience in such 
     fields of programs.
       ``(6) In entering into contracts under this subsection, the 
     Secretary shall give preference to a provider of a high 
     technology program of education--
       ``(A) from which at least 70 percent of graduates find 
     full-time employment in the field of study of the program 
     during the 180-day period beginning on the date the student 
     graduates from the program; or
       ``(B) that offers tuition reimbursement for any student who 
     graduates from such a program and does not find employment 
     described in subparagraph (A).
       ``(d) Effect on Other Entitlement.--(1) If a covered 
     individual enrolled in a high technology program of education 
     under this section has remaining entitlement to educational 
     assistance under chapter 30, 32, 33, 34, or 35 of this title, 
     entitlement of the individual to educational assistance under 
     this section shall be charged at the rate of one month of 
     such remaining entitlement for each such month of educational 
     assistance under this section.
       ``(2) The Secretary may not consider enrollment in a high 
     technology program of education under this section to be 
     assistance under a provision of law referred to in section 
     3695 of this title.
       ``(e) Requirements for Educational Institutions.--(1) The 
     Secretary shall not approve the enrollment of any covered 
     individual, not already enrolled, in any high technology 
     programs of education under this section for any period 
     during which the Secretary finds that more than 85 percent of 
     the students enrolled in the program are having all or part 
     of their tuition, fees, or other charges paid to or for them 
     by the educational institution or by the Department of 
     Veterans Affairs under this title or under chapter 1606 or 
     1607 of title 10, except with respect to tuition, fees, or 
     other charges that are paid under a payment plan at an 
     educational institution that the Secretary determines has a 
     history of offering payment plans that are completed not 
     later than 180 days after the end of the applicable term, 
     quarter, or semester.
       ``(2) The Secretary may waive a requirement of paragraph 
     (1) if the Secretary determines, pursuant to regulations 
     which the Secretary shall prescribe, such waiver to be in the 
     interest of the covered individual and the Federal 
     Government. Not later than 30 days after the Secretary waives 
     such a requirement, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report regarding such waiver.
       ``(3)(A)(i) The Secretary shall establish and maintain a 
     process by which an educational institution may request a 
     review of a determination that the educational institution 
     does not meet the requirements of paragraph (1).
       ``(ii) The Secretary may consult with a State approving 
     agency regarding such process or such a review.
       ``(iii) Not later than 180 days after the Secretary 
     establishes or revises a process under this subparagraph, 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 regarding such process.
       ``(B) An educational institution that requests a review 
     under subparagraph (A)--
       ``(i) shall request the review not later than 30 days after 
     the start of the term, quarter, or semester for which the 
     determination described in subparagraph (A) applies; and
       ``(ii) may include any information that the educational 
     institution believes the Department should have taken into 
     account when making the determination, including with respect 
     to any mitigating circumstances.
       ``(f) Annual Reports.--Not later than one year after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2024, and annually thereafter until

[[Page S2846]]

     the termination date specified in subsection (i), 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 the operation of program 
     under this section during the year covered by the report. 
     Each such report shall include each of the following:
       ``(1) The number of covered individuals enrolled in the 
     program, disaggregated by type of educational institution, 
     during the year covered by the report.
       ``(2) The number of covered individuals who completed a 
     high technology program of education under the program during 
     the year covered by the report.
       ``(3) The average employment rate of covered individuals 
     who completed such a program of education during such year, 
     as of 180 days after the date of completion.
       ``(4) The average length of time between the completion of 
     such a program of education and employment.
       ``(5) The total number of covered individuals who completed 
     a program of education under the program and who, as of the 
     date of the submission of the report, are employed in a 
     position related to technology.
       ``(6) The average salary of a covered individual who 
     completed a program of education under the program and who is 
     employed in a position related to technology, in various 
     geographic areas determined by the Secretary.
       ``(7) The average salary of all individuals employed in 
     positions related to technology in the geographic areas 
     determined under subparagraph (F), and the difference, if 
     any, between such average salary and the average salary of a 
     covered individual who completed a program of education under 
     the program and who is employed in a position related to 
     technology.
       ``(8) The number of covered individuals who completed a 
     program of education under the program and who subsequently 
     enrolled in a second program of education under the program.
       ``(g) Collection of Information; Consultation.--(1) The 
     Secretary shall develop practices to use to collect 
     information about covered individuals and providers of high 
     technology programs of education.
       ``(2) For the purpose of carrying out program under this 
     section, the Secretary may consult with providers of high 
     technology programs of education and may establish an 
     advisory group made up of representatives of such providers, 
     private employers in the technology field, and other relevant 
     groups or entities, as the Secretary determines necessary.
       ``(h) Definitions.--In this section:
       ``(1) The term `covered individual' means any of the 
     following:
       ``(A) A veteran whom the Secretary determines--
       ``(i) served an aggregate of at least 36 months on active 
     duty in the Armed Forces (including service on active duty in 
     entry level and skill training) and was discharged or 
     released therefrom under conditions other than dishonorable; 
     and
       ``(ii) has not attained the age of 62.
       ``(B) A member of the Armed Forces that the Secretary 
     determines will become a veteran described in subparagraph 
     (A) fewer than 180 days after the date of such determination.
       ``(2) The term `high technology program of education' means 
     a program of education--
       ``(A) offered by a public or private educational 
     institution;
       ``(B) if offered by an institution of higher learning, that 
     is provided directly by such institution rather than by an 
     entity other than such institution under a contract or other 
     agreement;
       ``(C) that does not lead to a degree;
       ``(D) that has a term of not less than six and not more 
     than 28 weeks; and
       ``(E) that provides instruction in computer programming, 
     computer software, media application, data processing, or 
     information sciences.
       ``(i) Termination.--The authority to carry out a program 
     under this section shall terminate on September 30, 2028.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 3699B the following new item:

``3699C. High technology program.''.
       (b) Effect on High Technology Pilot Program.--Section 116 
     of the Harry W. Colmery Veterans Educational Assistance Act 
     of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended--
       (1) in subsection (g), by striking paragraph (6); and
       (2) by striking subsection (h) and inserting the following 
     new subsection (h):
       ``(h) Termination.--The authority to carry out a pilot 
     program under this section shall terminate September 30, 
     2023.''.
       (c) Approval of Certain High Technology Programs.--Section 
     3680A of title 38, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) Any independent study program except--
       ``(A) an independent study program (including such a 
     program taken over open circuit television) that--
       ``(i) is accredited by an accrediting agency or association 
     recognized by the Secretary of Education under subpart 2 of 
     part H of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1099b);
       ``(ii) leads to--

       ``(I) a standard college degree;
       ``(II) a certificate that reflects educational attainment 
     offered by an institution of higher learning; or
       ``(III) a certificate that reflects graduation from a 
     course of study offered by--

       ``(aa) an area career and technical education school (as 
     defined in subparagraphs (C) and (D) of section 3(3) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2302(3))) that provides education at the 
     postsecondary level; or
       ``(bb) a postsecondary vocational institution (as defined 
     in section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c))) that provides education at the postsecondary 
     level; and
       ``(iii) in the case of a program described in clause 
     (ii)(III)--

       ``(I) provides training aligned with the requirements of 
     employers in the State or local area where the program is 
     located, which may include in-demand industry sectors or 
     occupations;
       ``(II) provides a student, upon graduation from the 
     program, with a recognized postsecondary credential that is 
     recognized by employers in the relevant industry, which may 
     include a credential recognized by industry or sector 
     partnerships in the State or local area where the industry is 
     located; and
       ``(III) meets such content and instructional standards as 
     may be required to comply with the criteria under section 
     3676(c)(14) and (15) of this title; or

       ``(B) an online high technology program of education (as 
     defined in subsection (h) of section 3699C of this title)--
       ``(i) the provider of which has entered into a contract 
     with the Secretary under subsection (c) of such section;
       ``(ii) that has been provided to covered individuals (as 
     defined in subsection (h) of such section) under such 
     contract for a period of at least five years;
       ``(iii) regarding which the Secretary has determined that 
     the average employment rate of covered individuals who 
     graduated from such program of education is 65 percent or 
     higher for the year preceding such determination; and
       ``(iv) that satisfies the requirements of subsection (e) of 
     such section.''; and
       (2) in subsection (d), by adding at the end the following:
       ``(8) Paragraph (1) shall not apply to the enrollment of a 
     veteran in an online high technology program described in 
     subsection (a)(4)(B).''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (c) shall take effect on October 1, 2023.
       (e) Recission of Certain Amounts Appropriated by American 
     Rescue Plan Act of 2021.--Of the amounts appropriated by 
     section 8002 of the American Rescue Plan Act of 2021 (Public 
     Law 117-2) that remain unobligated on the date of the 
     enactment of this Act, $700,000,000 is rescinded.
                                 ______
                                 
  SA 710. Ms. LUMMIS 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, insert the following:

     SEC. 10__. CLAIMS RELATING TO URANIUM MINING; REAUTHORIZATION 
                   OF THE RADIATION EXPOSURE COMPENSATION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Uranium Miners and Workers Act of 2023''.
       (b) Claims Relating to Uranium Mining.--
       (1) In general.--Subparagraph (A) of section 5(a)(1) of the 
     Radiation Exposure Compensation Act (Public Law 101-426; 42 
     U.S.C. 2210 note) is amended to read as follows:
       ``(A) that individual--
       ``(i) was employed--

       ``(I) in a uranium mine or uranium mill (including any 
     individual who was employed in the transport of uranium ore 
     or vanadium-uranium ore from such mine or mill) located in 
     Arizona, Colorado, Idaho, New Mexico, North Dakota, Oregon, 
     South Dakota, Texas, Utah, Washington, Wyoming, or any other 
     State for which the Attorney General makes a determination 
     for inclusion of eligibility; and
       ``(II) at any time during the period beginning on January 
     1, 1942, and ending on December 31, 1978; and

       ``(ii)(I) was a miner exposed to 40 or more working level 
     months of radiation or worked for at least 1 year during the 
     period described under clause (i)(II) and submits written 
     medical documentation that the individual, after that 
     exposure, developed lung cancer, a nonmalignant respiratory 
     disease, renal cancer, or any other chronic renal disease, 
     including nephritis and kidney tubal tissue injury; or
       ``(II) was a miller, ore transporter, or core driller who 
     worked for at least 1 year during the period described under 
     clause (i)(II) and submits written medical documentation that 
     the individual, after that exposure, developed lung cancer, a 
     nonmalignant respiratory disease, renal cancer, or any other 
     chronic renal disease, including nephritis and kidney tubal 
     tissue injury;''.

[[Page S2847]]

       (2) Transfer of funds.--For individuals who are eligible 
     for payments described in subparagraph (A) of section 5(a)(1) 
     of the Radiation Exposure Compensation Act (Public Law 101-
     426; 42 U.S.C. 2210 note), as amended by paragraph (1), the 
     Secretary of the Treasury shall transfer, not later than 60 
     days after the date of enactment of this Act, $475,000,000 to 
     the Radiation Exposure Compensation Trust Fund established 
     under section 3 of the Radiation Exposure Compensation Act, 
     out of unobligated amounts appropriated for purposes of 
     coronavirus response under any of the following:
       (A) The Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123; 134 Stat. 146).
       (B) The Families First Coronavirus Response Act (Public Law 
     116-127; 134 Stat. 178).
       (C) The CARES Act (Public Law 116-136; 134 Stat. 281).
       (D) The Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620).
       (E) Divisions M and N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260; 134 Stat. 1182).
       (F) The American Rescue Plan Act of 2021 (Public Law 117-2; 
     135 Stat. 4).
       (G) An amendment made by a provision of law described in 
     any of subparagraphs (A) through (F).
       (c) Reauthorization of the Radiation Exposure Compensation 
     Act.--
       (1) In general.--Section 3(d) of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is 
     amended by striking the first sentence and inserting ``The 
     Fund shall terminate on the date that is 4 years after the 
     date of enactment of the Uranium Miners and Workers Act of 
     2023.''.
       (2) Limitation on claims.--Section 8(a) of the Radiation 
     Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
     note) is amended by striking ``not later than 2 years after 
     the date of enactment of the RECA Extension Act of 2022'' and 
     inserting ``not later than 4 years after the date of 
     enactment of the Uranium Miners and Workers Act of 2023''.
                                 ______
                                 
  SA 711. Ms. LUMMIS 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 B of title III, add the following:

     SEC. 316. REQUIREMENT FOR COST BENEFIT ANALYSIS BEFORE 
                   IMPLEMENTATION OF REQUIREMENT TO PURCHASE OR 
                   LEASE ELECTRIC OR ZERO EMISSION VEHICLES.

       Section 2922g of title 10, United States Code, is amended--
       (1) in subsection (d), by striking ``subsection (e)'' and 
     inserting ``subsections (e) and (f)'';
       (2) in subsection (e), by amending the subsection header to 
     read as follows: ``Case-by-case Authorization of Use of Other 
     Vehicles That Reduce Consumption of Fossil Fuels'';
       (3) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (4) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Cost Benefit Analysis.--The requirements under 
     subsection (d) shall not take effect until the Secretary 
     finalizes a cost benefit analysis that shows a net benefit to 
     the Department of Defense of the purchase or lease of 
     vehicles described in such subsection as compared to internal 
     combustion engine vehicles based on the following factors:
       ``(1) Force readiness.
       ``(2) Differential costs between zero emission vehicles and 
     internal combustion engine vehicles.
       ``(3) Cost of construction of electric vehicle charging 
     networks at military installations.
       ``(4) National security implications of purchasing zero 
     emission vehicles with components comprised of critical 
     minerals sourced from foreign countries.''; and
       (5) in subsection (h)(1), as redesignated by paragraph (3), 
     by striking ``2202'' and inserting ``2002''.
                                 ______
                                 
  SA 712. Ms. LUMMIS (for herself, Mrs. Gillibrand, Ms. Warren, and Mr. 
Marshall) 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:

                     Subtitle _____--Crypto Assets

     SEC. ___01. ANTI-MONEY LAUNDERING EXAMINATION STANDARDS.

       (a) Treasury.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Conference of State Bank Supervisors 
     and the Federal Financial Institutions Examination Council, 
     shall establish a risk-focused examination and review process 
     for money service businesses, as defined in section 1010.100 
     of title 31, Code of Federal Regulations, to assess the 
     following relating to crypto assets--
       (1) the adequacy of reporting obligations and anti-money 
     laundering programs under subsections (g) and (h) of section 
     5318 of title 31, United States Code, respectively as applied 
     to those businesses; and
       (2) compliance of those businesses with anti-money 
     laundering and countering the financing of terrorism 
     requirements under subchapter II of chapter 53 of title 31, 
     United States Code.
       (b) Securities Exchange Commission.--Not later than 2 years 
     after the date of enactment of this Act, the Securities and 
     Exchange Commission shall establish a dedicated risk-focused 
     examination and review process for entities regulated by the 
     Commission to assess the following relating to crypto 
     assets--
       (1) the adequacy of reporting obligations and anti-money 
     laundering programs under subsections (g) and (h) of section 
     5318 of title 31, United States Code, respectively as applied 
     to those entities; and
       (2) compliance of those entities with anti-money laundering 
     and countering the financing of terrorism requirements under 
     subchapter II of chapter 53 of title 31, United States Code.
       (c) Commodity Futures Trading Commission.--Not later than 2 
     years after the date of enactment of this Act, the Commodity 
     Futures Trading Commission shall establish a dedicated risk-
     focused examination and review process for entities regulated 
     by the Commodity Futures Trading Commission to assess the 
     following relating to crypto assets--
       (1) the adequacy of reporting obligations and anti-money 
     laundering programs under subsections (g) and (h) of section 
     5318 of title 31, United States Code, respectively, as 
     applied to those entities; and
       (2) compliance of those entities with anti-money laundering 
     and countering the financing of terrorism requirements under 
     subchapter II of chapter 53 of title 31, United States Code.

     SEC. ___02. CRYPTO ASSET KIOSKS.

       (a) Definition.--In this section, the term ``crypto asset 
     kiosk'' means a stand-alone machine, including a crypto asset 
     automated teller machine, which facilitates the buying, 
     selling, or exchange of crypto assets.
       (b) Update.--Beginning not later than 2 years after the 
     date of enactment of this Act, the Director of the Financial 
     Crimes Enforcement Network of the Department of the Treasury 
     shall require crypto asset kiosk owners and administrators to 
     submit and update the physical addresses of the kiosks owned 
     or operated by the owner or administrator, as applicable, 
     once every 120 days and collect the name, date of birth, 
     physical address, and phone number of each counterparty to a 
     transaction..
       (c) Rulemaking.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the Financial Crimes 
     Enforcement Network of the Department of the Treasury shall 
     issue rules requiring crypto asset kiosk owners and 
     administrators to verify the identity of each customer using 
     a valid form of government-issued identification or other 
     documentary method, as determined by the Secretary of the 
     Treasury.
       (d) Reports.--
       (1) Financial crimes enforcement network.--Not later than 
     180 days after the date of enactment of this Act, the 
     Director of the Financial Crimes Enforcement Network of the 
     Department of the Treasury shall issue a public report 
     identifying unlicensed kiosk operators and administrators, 
     including identification of known unlicensed operators and 
     estimates of the number and locations of suspected unlicensed 
     operators, as applicable.
       (2) Drug enforcement agency.--Not later than 1 year after 
     the date of enactment of this Act, the Drug Enforcement 
     Administration shall issue a report to Congress identifying 
     recommendations to reduce drug trafficking with crypto asset 
     kiosks.

     SEC. ___03. SANCTIONS COMPLIANCE RESPONSIBILITIES OF PAYMENT 
                   STABLECOIN ISSUERS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of the Treasury shall adopt guidance 
     clarifying the sanctions compliance responsibilities and 
     liability of an issuer of a payment stablecoin with respect 
     to downstream transactions relating to the stablecoin that 
     take place after the stablecoin is first provided to a 
     customer of the issuer.

     SEC. ___04. CRYPTO ASSET MIXERS AND TUMBLERS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Financial Crimes 
     Enforcement Network of the Department of the Treasury shall 
     submit to the Committee on Banking, Housing and Urban Affairs 
     of the Senate and the Committee on Financial Services of the 
     House of Representatives a report that analyzes the following 
     issues:
       (1) Current (as of the date on which the report is 
     submitted) typologies of crypto asset mixers and tumblers and 
     historical transaction volume.
       (2) Estimates of the percentage of transactions relating to 
     mixers and tumblers which are used by actors engaged in 
     illicit finance.

[[Page S2848]]

       (3) An assessment of potential non-illicit uses of mixers 
     and tumblers described in paragraph (1).
       (4) Analysis of regulatory approaches employed by other 
     jurisdictions relating to mixers and tumblers.
       (5) Recommendations for legislation or regulation relating 
     to mixers and tumblers.
                                 ______
                                 
  SA 713. Mr. MARSHALL 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. REPORT ON NATIONAL SECURITY THREATS OF FOREIGN-
                   OWNED AGRICULTURAL LAND NEAR INSTALLATIONS OF 
                   THE DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense, 
     in consultation with the Secretary of Agriculture, shall 
     submit to Congress a report on foreign-owned agricultural 
     land located within 50 miles of an installation of the 
     Department of Defense.
       (b) Elements.--The report required under subsection (a) 
     shall include--
       (1) a list of each foreign person that owns agricultural 
     land located within 50 miles of an installation of the 
     Department of Defense;
       (2) in the case of an individual described in paragraph 
     (1), the citizenship of such individual;
       (3) in the case of a foreign person described in paragraph 
     (1) that is not an individual or government--
       (A) the principal place of business of such person; and
       (B) the country in which each such person is created or 
     organized;
       (4) the nature of each legal entity holding interest in 
     such agricultural land and the type of interest;
       (5) the legal description and acreage of such agricultural 
     land; and
       (6) an assessment of any threat that foreign ownership of 
     such agricultural land may have on the readiness of the Armed 
     Forces, food supply in the United States, and the national 
     security of the United States.
       (c) Agricultural Land Defined.--In this section, the term 
     ``agricultural land'' includes--
       (1) crop land, pasture land, wetlands, and marshlands;
       (2) land enrolled in a Federal, State, or local 
     agricultural conservation program; and
       (3) land used for animal confinement, concentrated animal 
     feeding operations, livestock production, timber production, 
     or forestry.
                                 ______
                                 
  SA 714. Mr. MARSHALL 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. __. STOP FUNDING OUR ADVERSARIES.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure that Federal funding does not support any 
     research in China; and
       (2) to combat the military-civilian fusion policy of the 
     People's Republic of China.
       (b) Definitions.--In this section:
       (1) Chinese communist party.--The term ``Chinese Communist 
     Party'' includes any agent or instrumentality of the Chinese 
     Communist Party and any entity owned by or controlled by the 
     Chinese Communist Party.
       (2) Federal agency.--
       (A) In general.--The term ``Federal agency'' has the 
     meaning given the term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122) .
       (B) Inclusions.--The term ``Federal agency'' includes the 
     Department of Defense, the Department of Veterans Affairs, 
     the Department of Energy, the Environmental Protection 
     Agency, the Department of the Interior, the Department of 
     Transportation, the Department of Health and Human Services, 
     the Department of Agriculture, the United States Agency for 
     International Development, the National Science Foundation, 
     and the Smithsonian Institution.
       (3) Federal funding.--The term ``Federal funding''--
       (A) means any grant, subgrant, contract, cooperative 
     agreement, and any other method through which the Federal 
     Government provides funding to a recipient; and
       (B) includes a method through which the Federal Government 
     provides funding to a subrecipient at any tier.
       (4) Government of the people's republic of china.--The term 
     ``Government of the People's Republic of China'' includes--
       (A) any agent or instrumentality of the Government of the 
     People's Republic of China;
       (B) any entity owned by or controlled by the People's 
     Republic of China; and
       (C) any organization managed by the Government of the 
     People's Republic of China, the People's Liberation Army 
     Ground Force of China, and any public institution of higher 
     learning in China.
       (c) Prohibition on Funding Research in China.--The head of 
     a Federal agency may not directly or indirectly support, 
     through any Federal funding, research that will be conducted 
     by the Government of the People's Republic of China or the 
     Chinese Communist Party.
                                 ______
                                 
  SA 715. Mr. KAINE 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. ___. REPORTS RELATING TO AUKUS PLANNING AND 
                   IMPLEMENTATION.

       (a) Reports.--
       (1) Secretary of defense.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report on the following:
       (A) Recommendations for how the United States submarine 
     industrial base should best invest its financial and 
     workforce resources in support of AUKUS, including--
       (i) how new members of an expanded submarine industrial 
     base workforce would be best employed in current public and 
     private shipyards; and
       (ii) whether the expanded capacity required by the 
     implementation of AUKUS warrants the development of an 
     additional shipyard within the United States.
       (B) An assessment of the Department of Defense's current 
     role in Foreign Military Sales and suggestions for 
     improvement and streamlining of that role and process.
       (C) An assessment and itemization of any procedural 
     impediments to the effective and rapid implementation of the 
     transfers agreed upon under AUKUS.
       (D) An assessment of the opportunities presented by Pillar 
     Two of AUKUS, including proposals for workforce exchanges, 
     workforce development, use of current education and workforce 
     development programs, and collaboration with and between 
     Department of Defense research institutions and research 
     institutions of Australia and the United Kingdom.
       (E) An assessment of the impacts to the ship repair 
     industry of the United States if United States submarines are 
     repaired in Australia or the United Kingdom.
       (F) A description of other topics relevant to the effective 
     implementation of AUKUS, at the discretion of the Secretary.
       (2) Secretary of the navy.--The Secretary of Defense shall 
     direct the Secretary of the Navy to submit, not later than 90 
     days after the date of the enactment of this Act, a report to 
     the appropriate committees of Congress on the following:
       (A) The certification requirements for the military and 
     future civilian nuclear workforce of Australia to ensure 
     stewardship of nuclear-powered submarines.
       (B) The impact of the implementation of AUKUS on the 
     ability of the Navy to meet its own submarine shipbuilding 
     requirements.
       (3) Form.--Each report required by this subsection shall be 
     submitted in classified form, but may contain a classified 
     annex if necessary.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and Foreign Relations 
     of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) AUKUS.--The term ``AUKUS'' means the security 
     partnership announced in September 2021 between Australia, 
     the United Kingdom, and the United States to promote a free 
     and open Indo-Pacific that is secure and stable.
                                 ______
                                 
  SA 716. Mr. SANDERS 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:

       On page 190, beginning on line 10, strike ``accredited 
     universities, senior military colleges, or other similar 
     institutions of higher education'' and insert ``institutions 
     of higher education (as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001)), including senior 
     military colleges,''.
                                 ______
                                 
  SA 717. Mr. MENENDEZ submitted an amendment intended to be proposed

[[Page S2849]]

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 SPECIAL PRESIDENTIAL ENVOY FOR THE 
                   ABRAHAM ACCORDS, NEGEV FORUM, AND RELATED 
                   NORMALIZATION AGREEMENTS.

       (a) Establishment.--There is established within the 
     Department of State the Office of the Special Presidential 
     Envoy for the Abraham Accords, Negev Forum, and Related 
     Integration and Normalization Fora and Agreements (referred 
     to in this section as the ``Regional Integration Office'').
       (b) Leadership.--
       (1) Special envoy.--The Regional Integration Office shall 
     be headed by the Special Presidential Envoy for the Abraham 
     Accords, Negev Forum, and Related Normalization Agreements 
     (referred to in this section as the ``Special Envoy''), who 
     shall--
       (A) be appointed by the President, by and with the advice 
     and consent of the Senate; and
       (B) report directly to the Secretary of State.
       (2) Rank.--The Special Envoy shall have the rank and status 
     of ambassador.
       (c) Limitation.--The Special Envoy shall not be a dual-
     hatted official with other responsibilities within the 
     Department of State or the executive branch.
       (d) Duties and Responsibilities.--The Special Envoy shall--
       (1) lead diplomatic engagement--
       (A) to strengthen and expand the Negev Forum, Abraham 
     Accords, and related normalization agreements with Israel, 
     including promoting initiatives that benefit the people of 
     key partners in regional integration or other regional actors 
     in order to encourage such expansion; and
       (B) to support the work of regional integration;
       (2) implement the policy of the United States to expand 
     normalization and support greater regional integration--
       (A) within the Middle East and North Africa; and
       (B) between the Middle East and North Africa and other key 
     regions, including sub-Saharan Africa, the Indo-Pacific 
     region, and beyond;
       (3) work to deliver tangible economic and security benefits 
     for the citizens of Abraham Accords countries, Negev Forum 
     countries, and countries that are members of other related 
     normalization agreements;
       (4) serve as the ministerial liaison for the United States 
     to the Negev Forum, and other emerging normalization and 
     integration fora, as necessary, and provide senior 
     representation at events, steering committee meetings, and 
     other relevant diplomatic engagements relating to the Negev 
     Forum or other regional integration bodies;
       (5) coordinate all cross-agency engagements and strategies 
     in support of normalization efforts with other relevant 
     officials and agencies;
       (6) ensure that the appropriate congressional committees 
     are regularly informed about the work of the Regional 
     Integration Office;
       (7) initiate and advance negotiations on a framework for an 
     economic and security partnership with the Negev Forum 
     countries, other key partners in regional integration, and 
     other regional actors; and
       (8) oppose efforts to delegitimize Israel and legal 
     barriers to normalization with Israel.
       (e) Sense of Congress.--It is the sense of Congress that 
     whole-of-government resources should be harnessed to ensure 
     the successful performance by the Special Envoy of the duties 
     described in subsection (d).
       (f) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the Special Envoy 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 actions taken by 
     all relevant Federal agencies--
       (1) to strengthen and expand the Abraham Accords and the 
     work of the Negev Forum and future structures and 
     organizations; and
       (2) towards the objectives of regional integration.
       (g) Termination.--This section shall terminate on the date 
     that is 6 years after date of the enactment of this Act.
       (h) Rule of Construction.--If, on the date of the enactment 
     of this Act, an individual has already been designated, 
     consistent with the requirements and responsibilities 
     described in subsections (b), (c), and (d) and section 1 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a), the requirements under subsection (b) shall be 
     considered to be satisfied with respect to such individual 
     until the date on which such individual no longer serves as 
     the Special Envoy.
                                 ______
                                 
  SA 718. Ms. CORTEZ MASTO (for herself and Ms. Rosen) 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 VII , add the following:

     SEC. 727. EPIDEMIOLOGICAL CONSULTATION REGARDING MEMBERS 
                   ASSIGNED TO CREECH AIR FORCE BASE.

       (a) Consultation.--The Secretary of the Air Force, in 
     coordination with the Director of the Defense Health Agency, 
     shall conduct a behavioral health epidemiological 
     consultation on unique social and occupational stressors 
     affecting members of the Air Force assigned to Creech Air 
     Force Base and dependents of such members.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report that includes--
       (1) an executive summary of findings from the consultation 
     conducted under subsection (a); and
       (2) recommendations regarding how to address key findings 
     to improve the quality of life and resiliency of the members 
     and dependents specified in such subsection.
                                 ______
                                 
  SA 719. Ms. CORTEZ MASTO (for herself and Ms. Rosen) 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 B of title VI, add the following:

     SEC. 625. FEASIBILITY STUDY REGARDING ASSIGNMENT INCENTIVE 
                   PAY FOR MEMBERS OF THE AIR FORCE ASSIGNED TO 
                   CREECH AIR FORCE BASE.

       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 feasibility of paying 
     assignment incentive pay under section 307a of title 37, 
     United States Code, to members of the Air Force assigned to 
     Creech Air Force Base, Nevada. The study shall include--
       (1) an assessment of the financial stress experienced by 
     such members, especially junior members with families, 
     associated with--
       (A) the daily commute to and from the base;
       (B) the unique demands of the mission to remotely pilot 
     aircraft; and
       (C) limited access to essential services, including child 
     care, housing, and readily accessible health care; and
       (2) the overall cost to the United States, and financial 
     relief provided by, such assignment incentive pay authorized 
     by the Secretary of the Air Force in 2008 for such members.
                                 ______
                                 
  SA 720. Mrs. FISCHER (for herself, Mr. Hickenlooper, Mr. Barrasso, 
and Ms. Lummis) 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. ___. TRANSFER OF CERTAIN UNOBLIGATED BALANCES; FUNDING 
                   OF PROGRAM.

       (a) Definitions.--In this section:
       (1) Commission; program.--The terms ``Commission'' and 
     ``Program'' have the meanings given those terms in section 9 
     of the Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1608).
       (2) Covered accounts.--The term ``covered accounts'' means 
     amounts made available under--
       (A) the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123; 134 Stat. 146);
       (B) the Families First Coronavirus Response Act (Public Law 
     116-127; 134 Stat. 178);
       (C) the CARES Act (Public Law 116-136; 134 Stat. 281);
       (D) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620);
       (E) division M or N of the Consolidated Appropriations Act, 
     2021 (Public Law 116-260);
       (F) the American Rescue Plan Act of 2021 (Public Law 117-2; 
     135 Stat. 4); or
       (G) an amendment made by a provision of law described in 
     any of subparagraphs (A) through (F).
       (b) Funding.--
       (1) In general.--Of the unobligated balances, as of the 
     date of enactment of this Act, of the covered accounts, 
     $3,080,000,000 shall be transferred not later than 90 days 
     after the date of enactment of this Act to the Commission to 
     carry out the Program.

[[Page S2850]]

       (2) Pro rata transfer.--Unobligated balances shall be 
     transferred under paragraph (1) on a pro rata basis.
       (3) Use and availability of funds.--Amounts transferred 
     under paragraph (1) shall--
       (A) be merged with other appropriations for the Program;
       (B) be subject to the same conditions and limitations as 
     the other appropriations for the Program; and
       (C) remain available until expended.
       (4) Technical and conforming amendment.--Section 4(k) of 
     the Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' 
     and inserting ``$4,980,000,000''.
                                 ______
                                 
  SA 721. Mr. WYDEN (for himself, Mr. Crapo, 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, add the following:

DIVISION F--UNITED STATES-TAIWAN INITIATIVE ON 21ST-CENTURY TRADE FIRST 
                      AGREEMENT IMPLEMENTATION ACT

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``United States-Taiwan 
     Initiative on 21st-Century Trade First Agreement 
     Implementation Act''.

     SEC. 6002. FINDINGS.

       Congress finds the following:
       (1) As a leading democracy, Taiwan is a key partner of the 
     United States in the Indo-Pacific region.
       (2) The United States and Taiwan share democratic values, 
     deep commercial and economic ties, and strong people-to-
     people connections. Those links serve as the impetus for 
     expanding engagement by the United States with Taiwan.
       (3) Taiwan is the eighth-largest trading partner of the 
     United States and the United States is the second-largest 
     trading partner of Taiwan.
       (4) Since 2020, the United States and Taiwan, under the 
     auspices of the American Institute in Taiwan (AIT) and the 
     Taipei Economic and Cultural Representative Office in the 
     United States (TECRO), have held an economic prosperity 
     partnership dialogue to enhance economic and commercial ties 
     between the United States and Taiwan, including with respect 
     to supply chain security and resiliency, investment 
     screening, health, science, and technology, and the digital 
     economy.
       (5) On June 1, 2022, the United States and Taiwan launched 
     the United States-Taiwan Initiative on 21st-Century Trade to 
     deepen our economic and trade relationship, advance mutual 
     trade priorities based on shared values, promote innovation, 
     and support inclusive economic growth for workers and 
     businesses.
       (6) On August 17, 2022, the United States and Taiwan 
     announced the negotiating mandate for formal trade 
     negotiations under the United States-Taiwan Initiative on 
     21st-Century Trade and agreed to seek high-standard 
     commitments.
       (7) Article I, section 8, clause 3 of the Constitution of 
     the United States grants Congress authority over 
     international trade. The President lacks the authority to 
     enter into binding trade agreements absent approval from 
     Congress.
       (8) Congressional approval of the United States-Taiwan 
     Initiative on 21st-Century Trade First Agreement will ensure 
     that the agreement, and the trade relationship between the 
     United States and Taiwan more broadly, will be durable. A 
     durable trade agreement will foster sustained economic growth 
     and give workers, consumers, businesses, farmers, ranchers, 
     and other stakeholders assurance that commercial ties between 
     the United States and Taiwan will be long-lasting and 
     reliable.

     SEC. 6003. PURPOSE.

       The purpose of this division is--
       (1) to approve and implement the Agreement between the 
     American Institute in Taiwan and the Taipei Economic and 
     Cultural Representative Office in the United States regarding 
     Trade between the United States of America and Taiwan, done 
     on June 1, 2023;
       (2) to strengthen and develop economic relations between 
     the United States and Taiwan for our mutual benefit;
       (3) to lay the foundation for further cooperation to expand 
     and enhance the benefits of the Agreement; and
       (4) to establish transparency and consultation requirements 
     with respect to Further Agreements.

     SEC. 6004. DEFINITIONS.

       In this division:
       (1) Agreement.--The term ``Agreement'' means the Agreement 
     between the American Institute in Taiwan and the Taipei 
     Economic and Cultural Representative Office in the United 
     States regarding Trade between the United States of America 
     and Taiwan approved by Congress under section 6005.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Finance of the Senate; and
       (B) the Committee on Ways and Means of the House of 
     Representatives.
       (3) Further agreement.--The term ``Further Agreement'' 
     means--
       (A) any trade agreement, other than the Agreement approved 
     by Congress under section 6005, arising from or relating to 
     the August 17, 2022, negotiating mandate relating to the 
     United States-Taiwan Initiative on 21st-Century Trade; or
       (B) any nonministerial modification or nonministerial 
     amendment to the Agreement.
       (4) Negotiating text.--The term ``negotiating text'' means 
     any document that proposes the consideration, examination, or 
     adoption of a particular element or language in an 
     international instrument.
       (5) State law.--The term ``State law'' includes--
       (A) any law of a political subdivision of a State; and
       (B) any State law regulating or taxing the business of 
     insurance.
       (6) Trade representative.--The term ``Trade 
     Representative'' means the United States Trade 
     Representative.

     SEC. 6005. APPROVAL OF AGREEMENT.

       Congress approves the Agreement between the American 
     Institute in Taiwan and the Taipei Economic and Cultural 
     Representative Office in the United States regarding Trade 
     between the United States of America and Taiwan, done on June 
     1, 2023.

     SEC. 6006. ENTRY INTO FORCE OF AGREEMENT.

       (a) Conditions for Entry Into Force of Agreement.--The 
     President may provide for the Agreement to enter into force 
     not earlier than 30 days after the date on which the 
     President submits to Congress a certification under 
     subsection (c).
       (b) Consultation and Report.--The President, not later than 
     30 days before submitting a certification under subsection 
     (c), shall--
       (1) consult with the appropriate congressional committees;
       (2) submit to the appropriate congressional committees a 
     report that--
       (A) explains the basis of the determination of the 
     President contained in that certification, including by 
     providing specific reference to the measures the parties to 
     the Agreement intend to use to comply with the obligations in 
     the Agreement; and
       (B) describes, including through the use of economic 
     estimates and analyses, how entry into force of the Agreement 
     will further trade relations between the United States and 
     Taiwan and advance the interests of workers, consumers, 
     businesses, farmers, ranchers, and other stakeholders in the 
     United States; and
       (3) answer in writing any questions that relate to 
     potential compliance and implementation of the Agreement that 
     are submitted by the appropriate congressional committees 
     during the 15-day period beginning on the date of the 
     submission of the report under paragraph (2).
       (c) Certification.--A certification under this subsection 
     is a certification in writing that--
       (1) indicates the President has determined Taiwan has taken 
     measures necessary to comply with the provisions of the 
     Agreement that are to take effect not later than the date on 
     which the Agreement enters into force; and
       (2) identifies the anticipated date the President intends 
     to exchange notes or take any other action to notify Taiwan 
     that the United States has completed all procedures necessary 
     to bring the Agreement into force.
       (d) Report on Implementation.--
       (1) In general.--Not later than 180 days after entry into 
     force of the Agreement, the Trade Representative shall submit 
     to the appropriate congressional committees a report 
     providing an assessment of the implementation of the 
     Agreement, including by identifying any provisions for which 
     further progress is necessary to secure compliance.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted with any confidential business information clearly 
     identified or contained in a separate annex.
       (3) Publication.--Not later than 5 days after the report 
     required by paragraph (1) is submitted to the appropriate 
     congressional committees, the Trade Representative shall 
     publish the report, with any confidential business 
     information redacted, on a publicly available website of the 
     Office of the United States Trade Representative.

     SEC. 6007. TRANSPARENCY AND CONSULTATION WITH RESPECT TO 
                   FURTHER AGREEMENTS.

       (a) Sense of Congress on Deepening Relationship With 
     Taiwan.--It is the sense of Congress that--
       (1) the United States should continue to deepen its 
     relationship with Taiwan; and
       (2) any Further Agreements should be high-standard, 
     enforceable, and meaningful to both the United States and 
     Taiwan, as well as subject to robust requirements on public 
     transparency and congressional consultation.
       (b) Access to Texts of Further Agreements.--The Trade 
     Representative shall provide to the appropriate congressional 
     committees the following with respect to a Further Agreement:
       (1) Negotiating text drafted by the United States prior to 
     sharing the negotiating text with Taiwan or otherwise sharing 
     the text outside the executive branch.
       (2) Negotiating text drafted by Taiwan not later than 3 
     days after receiving the text from Taiwan.

[[Page S2851]]

       (3) Any consolidated negotiating texts that the United 
     States and Taiwan are considering, which shall include an 
     attribution of the source of each provision contained in 
     those texts to either the United States or Taiwan.
       (4) The final text not later than 45 days before the Trade 
     Representative makes the text public or otherwise shares the 
     text outside the executive branch.
       (c) Review of Texts.--
       (1) Briefing.--The Trade Representative shall schedule a 
     briefing with the appropriate congressional committees to 
     discuss the texts provided under subsection (b).
       (2) Review.--The appropriate congressional committees shall 
     have not less than--
       (A) 2 business days prior to the briefing under paragraph 
     (1) to review the texts provided under subsection (b); and
       (B) 4 business days after the briefing to provide comments 
     with respect to the texts before the Trade Representative 
     transmits any such texts to Taiwan.
       (3) Additional time to review united states negotiating 
     text.--If, during the period specified in paragraph (2)(B), 
     two Members of Congress who are not of the same political 
     party and each of whom is the Chair or Ranking Member of one 
     of the appropriate congressional committees jointly request 
     additional time to review the negotiating text provided under 
     subsection (b)(1), the Trade Representative shall not 
     transmit the text to Taiwan for a period of 15 business days 
     following the request, unless the request indicates less time 
     is necessary or such Members issue a subsequent joint 
     notification to the Trade Representative that they have 
     concluded their review sooner.
       (d) Notification and Briefing During Negotiations.--The 
     Trade Representative shall--
       (1) not later than one business day after scheduling any 
     negotiating round with respect to a Further Agreement, 
     promptly notify the appropriate congressional committees and 
     provide those committees with the dates and locations for the 
     negotiating round;
       (2) ensure that any individual described in section 
     104(c)(2)(C) of the Bipartisan Congressional Trade Priorities 
     and Accountability Act of 2015 (19 U.S.C. 4203(c)(2)(C)) that 
     attends a negotiating round is accredited as a member of the 
     United States delegation during any such negotiating round; 
     and
       (3) provide daily briefings to the individuals described in 
     paragraph (2) during any such negotiating round regarding the 
     status of those negotiations, including any tentative 
     agreement to accept any aspect of negotiating text.
       (e) Approval.--A Further Agreement shall not take effect 
     unless--
       (1) the President, at least 60 days before the day on which 
     the President enters into the Further Agreement, publishes 
     the text of the Further Agreement on a publicly available 
     website of the Office of the United States Trade 
     Representative; and
       (2) a bill is enacted into law expressly approving the 
     Further Agreement and, if necessary, making any required 
     changes to United States law.

     SEC. 6008. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND 
                   STATE LAW.

       (a) Relationship of the Agreement to United States Law.--
       (1) United states law to prevail in conflict.--No provision 
     of the Agreement, nor the application of any such provision 
     to any person or circumstance, which is inconsistent with any 
     law of the United States, shall have effect.
       (2) Internal revenue code.--The Agreement does not 
     constitute a free trade agreement for purposes of section 
     30D(e)(1)(A)(i)(II) of the Internal Revenue Code of 1986.
       (3) Construction.--Unless specifically provided for in this 
     division, nothing in this division shall be construed--
       (A) to amend or modify any law of the United States; or
       (B) to limit any authority conferred under any law of the 
     United States.
       (b) Relationship of the Agreement to State Law.--No State 
     law, or the application thereof, may be declared invalid as 
     to any person or circumstance on the ground that the 
     provision or application is inconsistent with the Agreement, 
     except in an action brought by the United States for the 
     purpose of declaring such law or application invalid.
       (c) Effect of the Agreement With Respect to Private 
     Remedies.--No person other than the United States--
       (1) shall have any cause of action or defense under the 
     Agreement or by virtue of congressional approval thereof; or
       (2) may challenge, in any action brought under any 
     provision of law, any action or inaction by any department, 
     agency, or other instrumentality of the United States, any 
     State, or any political subdivision of a State, on the ground 
     that such action or inaction is inconsistent with the 
     Agreement.
                                 ______
                                 
  SA 722. Mr. SANDERS (for himself, Mr. Grassley, Mr. Markey, Mr. Lee, 
Ms. Baldwin, Ms. Warren, Mr. Wyden, Mr. Braun, Ms. Lummis, Mr. Merkley, 
and 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 end of subtitle A of title X, add the following:

     SEC. 1005. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE 
                   ABSENCE OF AN UNQUALIFIED AUDIT OPINION.

       If during any fiscal year after fiscal year 2024, the 
     Secretary of Defense determines that a department, agency, or 
     other element of the Department of Defense has not achieved 
     an unqualified opinion on its full financial statements for 
     the calendar year ending during such fiscal year--
       (1) the amount available to such department, agency, or 
     element for the fiscal year in which such determination is 
     made shall be equal to the amount otherwise authorized to be 
     appropriated minus 1.0 percent;
       (2) the amount unavailable to such department, agency, or 
     element for that fiscal year pursuant to paragraph (1) shall 
     be applied on a pro rata basis against each program, project, 
     and activity of such department, agency, or element in that 
     fiscal year; and
       (3) the Secretary shall deposit in the general fund of the 
     Treasury for purposes of deficit reduction all amounts 
     unavailable to departments, agencies, and elements of the 
     Department in the fiscal year pursuant to determinations made 
     under paragraph (1).
                                 ______
                                 
  SA 723. Mr. MARKEY 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__. REPORT ON STATUS OF UPDATES TO SECURITY CLEARANCE 
                   PROCESS OF DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than June 1, 2024, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives report on the status of its updates to the 
     security clearance process of the Department of Defense and 
     the methods the Department is pursing to ensure the security 
     clearance process continues to protect national security.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include, at a minimum, 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 removal 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.
       (4) Recommendations on enhancing existing security review 
     processes and recommendations for future new processes to 
     address any gaps identifies and lessons from the review.
                                 ______
                                 
  SA 724. Mr. SANDERS (for himself 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 E of title VIII, add the following:

     SEC. 849. REPORT ON DEFENSE CONTRACTING FRAUD.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on defense 
     contracting fraud, including a summary of fraud-related 
     criminal convictions, civil judgements, and settlements over 
     the previous five fiscal years, a listing of contractors 
     debarred or suspended from Federal contracting based on a 
     criminal conviction for fraud, and a valuation of contracts 
     affected by fraud.
                                 ______
                                 
  SA 725. Mr. SANDERS (for himself, Ms. Warren, Mr. Markey, 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:


[[Page S2852]]


  

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

     SEC. 1005. REDUCTION IN MILITARY SPENDING.

       The total amount of funds authorized to be appropriated by 
     this Act is hereby reduced by 10 percent, with the amount of 
     such reduction to be applied on a pro rata basis among the 
     accounts and funds for which amounts are authorized to be 
     appropriated by this Act, excluding accounts and funds 
     relating to military personnel, the Defense Health Program, 
     and assistance to Ukraine. The amount of reduction for each 
     account and fund subject to such requirement shall be applied 
     on a pro rata basis across each program, project, and 
     activity funded by such account or fund.
                                 ______
                                 
  SA 726. Mr. SANDERS (for himself, Mr. Fetterman, Mr. Welch, Mr. 
Wyden, Mr. Durbin, 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 title X, add the following:

Subtitle H--Improving Whole Health for Veterans With Chronic Conditions 
                                  Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Improving Whole Health 
     for Veterans with Chronic Conditions Act''.

     SEC. 1092. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Department of Veterans Affairs has pioneered a 
     whole health approach to health care that provides access to 
     alternative medicines, delivers a holistic approach to health 
     and well-being, and repeatedly demonstrates better health 
     outcomes than the private sector at a low cost to taxpayers 
     in the United States;
       (2) the effects of poor dental care are shown to worsen the 
     symptoms of diabetes and heart disease;
       (3) diabetes and heart disease are shown to increase risk 
     of periodontal disease;
       (4) the combination of diabetes, heart disease, and 
     periodontal disease can be fatal; and
       (5) to best achieve a whole health model for the provision 
     of health care to veterans with diabetes and heart disease 
     and reduce long-term costs, the Department must furnish 
     preventative and comprehensive dental care to veterans 
     diagnosed with diabetes and heart disease.

     SEC. 1093. DEFINITIONS.

       In this subtitle:
       (1) Covered care.--The term ``covered care'' means dental 
     care that is comprehensive in nature and consistent with the 
     dental services and treatment furnished by the Secretary of 
     Veterans Affairs to veterans pursuant to section 
     1712(a)(1)(G) of title 38, United States Code.
       (2) Covered veteran.--The term ``covered veteran'' means a 
     veteran who--
       (A) is enrolled in the system of annual patient enrollment 
     of the Department of Veterans Affairs established and 
     operated under subsection (a) of section 1705 of title 38, 
     United States Code, pursuant to paragraph (1) or (2) of such 
     subsection or is not enrolled in such system but is otherwise 
     entitled to hospital care and medical services under 
     subsection (c)(2) of such section;
       (B) is not eligible for dental services and treatment and 
     related dental appliances under the laws administered by the 
     Secretary of Veterans Affairs as of the date of the enactment 
     of this Act; and
       (C) has a diagnosis of--
       (i) type 1 or type 2 diabetes; or
       (ii) ischemic heart disease.

     SEC. 1094. PILOT PROGRAM TO FURNISH DENTAL CARE FROM THE 
                   DEPARTMENT OF VETERANS AFFAIRS TO CERTAIN 
                   VETERANS DIAGNOSED WITH DIABETES OR ISCHEMIC 
                   HEART DISEASE.

       (a) In General.--Commencing not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall carry out a pilot program (in this 
     section referred to as the ``pilot program'') under which the 
     Secretary shall furnish covered care to covered veterans for 
     the duration of the pilot program.
       (b) Duration.--The pilot program shall be carried out 
     during the four-year period beginning on the date of the 
     commencement of the pilot program.
       (c) Locations.--
       (1) In general.--The Secretary shall carry out the pilot 
     program at the following locations:
       (A) Each medical center of the Department with an 
     established dental clinic.
       (B) Each community-based outpatient clinic with an 
     established dental clinic.
       (2) Mobile dental clinics.--In carrying out the pilot 
     program, the Secretary shall test the efficacy of mobile 
     dental clinics to service rural areas that do not have a 
     population base to warrant a full-time clinic but where there 
     are covered veterans in need of dental care.
       (3) Home-based dental care.--In carrying out the pilot 
     program, the Secretary shall test the efficacy of portable 
     dental care units to service rural veteran in their homes, as 
     the Secretary considers medically appropriate.
       (d) Dental Therapists and Tele-dentistry.--
       (1) In general.--In carrying out the pilot program, The 
     Secretary shall test the efficacy of the use of dental 
     therapists and tele-dentistry to service the dental care 
     needs of covered veterans.
       (2) Use of tele-dentistry.--When providing tele-dentistry 
     under paragraph (1), the Secretary shall use Federal 
     employees to the maximum extent possible.
       (e) Administration.--
       (1) Notice to covered veterans.--In carrying out the pilot 
     program, the Secretary shall inform all covered veterans of 
     the covered care available under the pilot program.
       (2) Copayments.--The Secretary may collect copayments for 
     covered care furnished under the pilot program in accordance 
     with authorities on the collection of copayments for medical 
     care of veterans under chapter 17 of title 38, United States 
     Code.
       (f) Reports.--
       (1) In general.--Not later than 90 days before the 
     completion of the pilot program, and not later than 180 days 
     after the completion of the pilot program, the Secretary 
     shall submit to the Committee on Veterans' Affairs and the 
     Committee on Armed Services of the Senate and the Committee 
     on Veterans' Affairs and the Committee on Armed Services of 
     the House of Representatives a report on the pilot program.
       (2) Contents.--Each report under paragraph (1) shall 
     include the following:
       (A) A description of the implementation and operation of 
     the provision of covered care under the pilot program.
       (B) The number of covered veterans receiving covered care 
     under the pilot program and a description of the covered care 
     furnished to such veterans.
       (C) An analysis of the costs and benefits of covered care 
     provided under the pilot program, including a comparison of 
     costs and benefits by location type.
       (D) An assessment of the impact of the pilot program on 
     appointments for care, prescriptions, hospitalizations, 
     emergency room visits, wellness, employability, satisfaction, 
     and perceived quality of life of covered veterans related to 
     their diagnosis of diabetes or ischemic heart disease.
       (E) An analysis and assessment of the efficacy of mobile 
     clinics and portable dental care units, to the extent such 
     modalities are used, to service the needs of covered veterans 
     under the pilot program.
       (F) An analysis and assessment of the efficacy of dental 
     therapists and tele-dentistry to service the needs of covered 
     veterans under the pilot program, to include a cost benefit 
     analysis of such services.
       (G) The findings and conclusions of the Secretary with 
     respect to the pilot program.
       (H) Such recommendations as the Secretary considers 
     appropriate for the expansion of dental care to all veterans 
     eligible for health care from the Department.
       (g) Impact on Community Care.--Nothing in this section 
     limits a covered veteran from accessing care or services 
     pursuant to section 1703 of title 38, United States Code.

     SEC. 1095. STUDENT LOAN REPAYMENT PROGRAM TO INCENTIVIZE 
                   DENTAL TRAINING AND ENSURE THE DENTAL WORKFORCE 
                   OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Program Required.--The Secretary of Veterans Affairs, 
     to ensure that the Department of Veterans Affairs has 
     sufficient staff to provide covered care to covered veterans, 
     shall implement a loan reimbursement program for qualified 
     dentists, dental hygienists, and oral surgeons who agree--
       (1) to be appointed by the Secretary as a dentist, dental 
     hygienist, or oral surgeon, as the case may be, under section 
     7401 of title 38, United States Code; and
       (2) to serve as a dentist, dental hygienist, or oral 
     surgeon, as the case may be, of the Department pursuant to 
     such appointment at a dental clinic of the Department 
     selected under subsection (c) for a period that is not less 
     than the duration of the pilot program under section 4.
       (b) Maximum Amount.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may reimburse not more than--
       (A) $100,000 for each dentist participating in the program 
     under subsection (a);
       (B) $25,000 for each dental hygienist participating in such 
     program; and
       (C) $40,000 for each credentialed doctor of medicine in 
     dentistry serving as an oral surgeon and participating in 
     such program.
       (2) Dual eligibility.--The Secretary may reimburse an 
     individual serving in multiple positions described in 
     subparagraphs (A) through (C) of paragraph (1) not more than 
     $140,000.
       (c) Selection of Locations.--The Secretary shall monitor 
     demand among covered veterans for covered care and require 
     participants in the program under subsection (a) to choose 
     from dental clinics of the Department with the greatest need 
     for dentists, dental hygienists, or oral surgeons, as the 
     case may be, according to facility enrollment and patient 
     demand.

     SEC. 1096. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the Department of Veterans Affairs for fiscal year 2024 such 
     sums as may be necessary to carry out this subtitle.
       (b) Availability.--The amount authorized to be appropriated 
     under subsection (a) shall be available for obligation for 
     the eight-year period beginning on the date that is one year 
     after the date of the enactment of this Act.

[[Page S2853]]

  

                                 ______
                                 
  SA 727. Mr. SANDERS 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 VIII, add the following:

     SEC. 823. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT 
                   VIOLATED THE NATIONAL LABOR RELATIONS ACT.

       (a) Prohibition.--Except as provided in subsection (b), the 
     Secretary of Defense may not enter into a contract with an 
     employer if the National Labor Relations Board has made a 
     finding that the employer has violated section 8(a) of the 
     National Labor Relations Act (29 U.S.C. 158), including a 
     regulation promulgated under such section, by committing an 
     unfair labor practice under such section during the three-
     year period preceding the proposed date of award of the 
     contract.
       (b) Exceptions.--The Secretary of Defense may enter into a 
     contract with an employer described in subsection (a) if--
       (1) a finding described in such subsection with respect to 
     the employer is through an order or judgment that has been 
     reversed, vacated, or rescinded; or
       (2) each labor organization representing employees of such 
     employer who are affected by the finding described in such 
     subsection for the purposes of collective bargaining 
     certifies to the Secretary that the employer--
       (A) is in compliance with any relevant collective 
     bargaining agreements on the date on which such contract is 
     awarded; or
       (B) has bargained in good faith to reach collective 
     bargaining agreements.
       (c) Definitions.--In this section, the terms ``employer'', 
     ``employee'', and ``labor organization'' have the meanings 
     given such terms, respectively, in section 2 of the National 
     Labor Relations Act (29 U.S.C. 152).
       (d) Applicability.--This section and the requirements of 
     this section shall apply to a contract entered into on or 
     after October 1, 2023.
                                 ______
                                 
  SA 728. Mr. MURPHY 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 F of title III, add the following:

     SEC. 359. COLLECTION OF INFORMATION RELATING TO FIREARMS AND 
                   AMMUNITION.

       (a) In General.--The Secretary of Defense may collect or 
     record information about the lawful possession, ownership, 
     carrying, or other use of a privately owned firearm or 
     ammunition by members of the Armed Forces and civilian 
     employees of the Department of Defense if such information is 
     necessary for the purposes of injury and mortality 
     prevention.
       (b) Conforming Amendments.--Section 1062(a) of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 (Public Law 111-383; 10 U.S.C. 1030 note prec.) is 
     amended, in the matter preceding paragraph (1)--
       (1) by striking ``prohibit,'' and inserting ``prohibit 
     or''; and
       (2) by striking ``, or collect or record any information 
     relating to''.
                                 ______
                                 
  SA 729. Mr. MURPHY 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. WAITING PERIOD AND NOTIFICATION REQUIREMENTS FOR 
                   FIREARMS PURCHASES ON MILITARY INSTALLATIONS.

       (a) Waiting Periods.--Notwithstanding any other provision 
     of law, the Secretary of Defense shall require--
       (1) a 7-day waiting period before an individual may 
     purchase a firearm sold on a military installation; and
       (2) a 4-day waiting period before an individual may 
     purchase ammunition sold on a military installation for a 
     firearm purchased by the individual on a military 
     installation.
       (b) Notifications.--Notwithstanding any other provision of 
     law, the Secretary shall require MWR retail facilities (as 
     defined in section 1063(e) of title 10, United States Code) 
     and any other firearms vendors on a military installation to 
     notify the Provost Marshal (or equivalent) and military 
     commander for the installation when a member of the Armed 
     Forces, a family member of such a member, or a civilian 
     employee of the Department purchases a firearm on the 
     installation.
                                 ______
                                 
  SA 730. Mr. MURPHY 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 F of title III, add the following:

     SEC. 359. RESTRICTION OF PRIVATELY OWNED FIREARMS ON PROPERTY 
                   OF DEPARTMENT OF DEFENSE.

       The Secretary of Defense shall establish a policy for the 
     Department of Defense that--
       (1) prohibits the possession and storage of privately owned 
     firearms in military barracks and dormitories; and
       (2) prohibits the possession of privately owned firearms 
     that are not related to the performance of official duties on 
     property of the Department by anyone who does not live on 
     property of the Department.
                                 ______
                                 
  SA 731. Mr. MENENDEZ (for himself, Mr. Cruz, Mr. Padilla, and Mr. 
Lujan) 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_____. SITE OF NATIONAL MUSEUM OF THE AMERICAN LATINO.

       (a) Authorizing Site Within Reserve of National Mall.--
       (1) In general.--Notwithstanding any other provision of law 
     (including regulations), including section 8908(c) of title 
     40, United States Code, the National Museum of the American 
     Latino may be located within the Reserve (as that term is 
     defined in section 8902(a) of title 40, United States Code).
       (2) Conforming amendment.--Section 201(g)(4) of division T 
     of the Consolidated Appropriations Act, 2021 (20 U.S.C. 
     80u(g)(4)), is amended by striking ``, except that'' and all 
     that follows through ``that title)''.
       (b) Use of Site Under the Jurisdiction of Another Federal 
     Agency.--Section 201(g) of division T of the Consolidated 
     Appropriations Act, 2021 (20 U.S.C. 80u(g)), is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Site under the jurisdiction of another federal 
     agency.--
       ``(A) Notification to other agency or entity.--The Board of 
     Regents shall not designate a site for the Museum that is 
     under the administrative jurisdiction of another Federal 
     agency or entity without first notifying the head of the 
     Federal agency or entity.
       ``(B) Notification to committees.--Once notified under 
     subparagraph (A), the head of the Federal agency or entity 
     shall promptly submit written notification to the Chair and 
     ranking minority members of the Committee on Rules and 
     Administration, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on House Administration, the Committee on 
     Natural Resources, the Committee on Transportation and 
     Infrastructure, and the Committee on Appropriations of the 
     House of Representatives, stating that the Federal agency or 
     entity was notified by the Board of Regents that a site under 
     its jurisdiction was designated and that a transfer will be 
     initiated as soon as practicable.
       ``(C) Transfer.--As soon as practicable after the date on 
     which the individuals described in subparagraph (B) receive 
     the written notification described in that subparagraph, the 
     head of the Federal agency or entity shall transfer to the 
     Smithsonian Institution its administrative jurisdiction over 
     the land or structure that has been designated as the site 
     for the Museum.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect as if included in the 
     enactment of section 201 of division T of the Consolidated 
     Appropriations Act, 2021 (20 U.S.C. 80u).
                                 ______
                                 
  SA 732. Mr. MURPHY 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 F of title III, add the following:

     SEC. 359. REQUIREMENTS RELATING TO FIREARMS.

       (a) Firearm Training.--
       (1) In general.--The Secretary of Defense shall establish 
     minimum standards for firearm safety training for members of 
     the

[[Page S2854]]

     Armed Forces and civilian employees of the Department of 
     Defense who acquire, possess, own, carry, or otherwise use a 
     firearm, whether privately owned or as part of their work-
     related duties.
       (2) Elements.--The minimum standards required under 
     paragraph (1) shall include the following:
       (A) Training on suicide prevention.
       (B) Information about secure firearm storage methods, 
     including safes, cable locks, trigger locks, and lock boxes.
       (C) A requirement for demonstrated proficiency in the 
     operation and use of a firearm.
       (D) Training on the operation and use of firearm locking 
     devices.
       (3) Timing.--An individual required to receive training 
     under paragraph (1) shall be required to receive such 
     training not less frequently than once every five years.
       (4) Purchase of firearm.--The Secretary shall provide the 
     training required under paragraph (1) to an individual prior 
     to the purchase on property of the Department by the 
     individual of a firearm.
       (5) Availability of training.--The Secretary shall make the 
     training required under paragraph (1) available to any member 
     of the Armed Forces, civilian employee of the Department, or 
     dependent of any such member or employee who desires to 
     complete such training.
       (b) Registration of Firearms.--The Secretary shall require 
     any individual living on an installation of the Department in 
     military housing, in accordance with Department of Defense 
     Manual 5100.76 (relating to Physical Security of Sensitive 
     Conventional Arms, Ammunition, and Explosives), or successor 
     manual--
       (1) to register all privately owned firearms with the 
     arming authority of the installation; and
       (2) to securely store all privately owned firearms in a 
     locked safe or with another locking device.
       (c) Storage of Privately Owned Firearms and Ammunition.--
     The Secretary shall require that any privately owned firearms 
     and ammunition be stored separate from Federal Government 
     arms and ammunition on property of the Department.
                                 ______
                                 
  SA 733. Mr. PADILLA (for himself and Mr. Cornyn) 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. CONDUCT OF WINTER SEASON RECONNAISSANCE OF 
                   ATMOSPHERIC RIVERS IN THE WESTERN UNITED 
                   STATES.

       (a) Findings.--Congress finds the following:
       (1) Every year, storms threaten lives and property and 
     cause significant disruptions to travel and commerce.
       (2) During the cool season from October through April, the 
     western United States and other regions around the United 
     States are significantly impacted by atmospheric rivers.
       (3) For key regions across the western United States, 70 to 
     90 percent of days on which the National Weather Service 
     issued either watches, warnings, or advisories for any hazard 
     type were associated with land-falling atmospheric rivers.
       (4) Atmospheric rivers are relatively long, narrow regions 
     in the atmosphere, below 10,000 feet, that behave like rivers 
     of water vapor pushed along by strong winds. Outside the 
     tropics, atmospheric rivers are responsible for more than 90 
     percent of the horizontal movement of water vapor. 
     Atmospheric rivers shift locations following large-scale 
     weather patterns, carrying an amount of water vapor on 
     average equivalent to roughly 15 to 25 times the average flow 
     of water at the mouth of the Mississippi River.
       (5) Precipitation and flooding in the western United States 
     from high-impact storms are largely controlled by 
     characteristics of land-falling atmospheric rivers, 
     accounting for up to 50 percent of annual precipitation and 
     more than 90 percent of major flood events.
       (6) Conducting atmospheric river reconnaissance during the 
     winter season in the United States significantly enhances 
     storm observations and improves forecasts of storm landfall 
     and intensity.
       (7) The National Winter Season Operations Plan, the goal of 
     which is to improve the accuracy and timeliness of severe 
     winter season storm forecasting and warning services provided 
     by the National Oceanic and Atmospheric Administration, the 
     Air Force, and the Navy, coordinates Federal efforts to 
     provide enhanced weather observations of extreme winter 
     season storms that impact the United States and calls for 
     atmospheric river reconnaissance to be conducted annually off 
     the West Coast of the United States.
       (8) The National Winter Season Operations Plan coordinates 
     requirements for winter season reconnaissance observations 
     provided by the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve Command and the Aircraft Operations Center 
     of the National Oceanic and Atmospheric Administration.
       (9) The 2021 report of the Science Advisory Board of the 
     National Oceanic and Atmospheric Administration entitled, 
     ``Priorities for Weather Research'' recommended that the 
     Federal Government, ``Leverage and expand atmospheric river 
     (AR) observations to improve flood and drought prediction and 
     to enable forecast-informed reservoir operations. Water and 
     emergency managers often cope with too much or too little 
     water and require better information on storms that produce 
     extreme precipitation. However, precipitation prediction 
     skill has not improved substantially in the last 20 years. 
     The multi-agency, OSTP-led Earth System Prediction Roadmap 
     (2020) identified expanded research, observations and 
     communication needed to better anticipate and mitigate water 
     cycle extremes and their cascading impacts, including 
     atmospheric river type storms.''.
       (b) Conduct of Reconnaissance.--
       (1) In general.--Subject to the availability of 
     appropriations, the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve Command and the National Oceanic and 
     Atmospheric Administration shall provide aircraft, personnel, 
     and equipment necessary to meet the mission requirements for 
     winter season atmospheric river reconnaissance in the western 
     United States annually from November 1 through March 31.
       (2) Activities.--In carrying out paragraph (1), the 53rd 
     Weather Reconnaissance Squadron of the Air Force Reserve 
     Command, in consultation with the Administrator of the 
     National Oceanic and Atmospheric Administration, shall--
       (A) improve the accuracy and timeliness of atmospheric 
     river forecasts and warning services in the western United 
     States;
       (B) collect data in sensitive oceanic regions where 
     conventional, upper-air observations are lacking and 
     satellites are unable to effectively resolve the position and 
     vertical structure of an atmospheric river and of other 
     nearby essential atmospheric structures offshore;
       (C) support water management decisions and flood 
     forecasting through the execution of targeted airborne 
     dropsonde and buoy observations over the eastern, central, 
     and western north Pacific Ocean to improve forecasts of the 
     landfall and impacts of atmospheric rivers for civil 
     authorities and military decision makers;
       (D) participate in the research and operations partnership 
     that guides flight planning and uses research methods to 
     improve and expand the capabilities and effectiveness of 
     atmospheric river reconnaissance over time; and
       (E) undertake such other additional activities as the 53rd 
     Weather Reconnaissance Squadron considers appropriate to 
     further the atmospheric river reconnaissance mission.
       (c) Reports.--
       (1) Air force.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Air Force, in 
     consultation with the Administrator of the National Oceanic 
     and Atmospheric Administration, shall submit to the 
     appropriate committees of Congress a comprehensive report on 
     the resources necessary for the 53rd Weather Reconnaissance 
     Squadron of the Air Force Reserve Command to continue to 
     support, through December 31, 2035--
       (i) the National Hurricane Operations Plan;
       (ii) the National Winter Season Operations Plan; and
       (iii) any other operational requirements relating to 
     weather reconnaissance, to include annual support from 
     November 1 through March 31 for atmospheric river 
     reconnaissance in the western United States.
       (B) Appropriate committees of congress.--In this paragraph, 
     the term ``appropriate committees of Congress'' means--
       (i) the Committee on Armed Services of the Senate;
       (ii) the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (iii) the Committee on Armed Services of the House of 
     Representatives; and
       (iv) the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives.
       (2) Commerce.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a comprehensive 
     report on the resources necessary for the National Oceanic 
     and Atmospheric Administration to continue to support, 
     through December 31, 2035--
       (A) the National Hurricane Operations Plan;
       (B) the National Winter Season Operations Plan; and
       (C) any other operational requirements relating to weather 
     reconnaissance, to include annual support from November 1 
     through March 31 for atmospheric river reconnaissance in the 
     western United States.
                                 ______
                                 
  SA 734. Mr. PADILLA 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,

[[Page S2855]]

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. COMPLETION OF TRANSFER OF PROPERTY OF THE ARMY IN 
                   OAKLAND, CALIFORNIA, TO THE EAST BAY REGIONAL 
                   PARK DISTRICT AND STRATEGY FOR CLEANUP.

       (a) Completion of Transfer.--The Secretary of the Army 
     shall complete the final property transfer of the 14 acre 
     upland portion of the former installation of the Army in 
     Oakland, California, to the East Bay Regional Park District.
       (b) Strategy for Cleanup.--The Secretary of the Army shall 
     establish a strategy that outlines a plan for the toxic and 
     hazardous waste cleanup at the former installation of the 
     Army in Oakland, California, including the portion specified 
     in subsection (a), to ensure the property complies with 
     Federal and State standards.
                                 ______
                                 
  SA 735. 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 X, add the following:

     SEC. 1083. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     appropriate congressional committees a report that includes--
       (1) a detailed report on the Department of State's efforts 
     to equip 100 percent of United States embassies and 
     consulates with dedicated lactation spaces, other than 
     bathrooms, that are shielded from view and free from 
     intrusion from coworkers and the public for use by employees, 
     including the expected demand for such space as well as the 
     status of such rooms when there is no demand for such space; 
     and
       (2) a description of costs and other resources needed to 
     provide such spaces.
                                 ______
                                 
  SA 736. 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 appropriate place, insert the following:

     SEC. __. BREASTFEEDING ACCOMMODATION COVERAGE FOR CERTAIN 
                   CONGRESSIONAL EMPLOYEES.

       Section 203(a)(1) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1313(a)(1)) is amended--
       (1) by striking ``and section 12(c)'' and inserting 
     ``section 12(c), and section 18D''; and
       (2) by inserting ``, 218d'' after ``212(c)''.
                                 ______
                                 
  SA 737. 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10____. PROHIBITION ON EXPORTS OF LIQUEFIED NATURAL GAS 
                   TO CHINA.

       Effective on the date of enactment of this Act, no person 
     or entity shall--
       (1) export liquefied natural gas to the People's Republic 
     of China from a facility that is not operational as of the 
     date of enactment of this Act; or
       (2) increase the annual total volume of exported liquefied 
     natural gas to the People's Republic of China from a facility 
     that is in operation as of the date of enactment of this Act 
     above the annual total volume that facility exported in 
     calendar year 2022.
                                 ______
                                 
  SA 738. 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10____. PROHIBITION ON EXPORTS OF LIQUEFIED NATURAL GAS.

       Effective on the date of enactment of this Act, no person 
     or entity shall--
       (1) export liquefied natural gas from a facility that is 
     not operational as of the date of enactment of this Act; or
       (2) increase the annual total volume of exported liquefied 
     natural gas from a facility that is in operation as of the 
     date of enactment of this Act above the annual total volume 
     that facility exported in calendar year 2022.
                                 ______
                                 
  SA 739. 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 F of title XII, add the following:

     SEC. 1282. USE OF UNITED STATES-ORIGIN DEFENSE ARTICLES IN 
                   YEMEN.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Defense, shall develop specific 
     guidance for investigating any indications that United 
     States-origin defense articles have been used in Yemen by the 
     Saudi-led coalition in substantial violation of relevant 
     agreements with countries participating in the coalition, 
     including for unauthorized purposes.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on--
       (A) the guidance developed pursuant to subsection (a); and
       (B) all current information on each of the certification 
     elements required by section 1290 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 132 Stat. 2081).
       (2) Form.--The report required by this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex if necessary.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 740. 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 D of title XII, add the following:

     SEC. 1269. EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS 
                   TO THE HONG KONG POLICE FORCE.

       Section 3 of the Act entitled ``An Act to prohibit the 
     commercial export of covered munitions items to the Hong Kong 
     Police Force'', approved November 27, 2019 (Public Law 116-
     77; 133 Stat. 1173), is amended by striking ``shall expire on 
     December 31, 2024'' and inserting ``shall expire on the date 
     on which the President certifies to the appropriate 
     congressional committees that--
       ``(1) the Secretary of State has, on or after the date of 
     the enactment of this paragraph, certified under section 205 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5701 et seq.) that Hong Kong warrants treatment under United 
     States law in the same manner as United States laws were 
     applied to Hong Kong before July 1, 1997;
       ``(2) the Hong Kong Police have not engaged in gross 
     violations of human rights during the 1-year period ending on 
     the date of such certification; and
       ``(3) there has been an independent examination of human 
     rights concerns related to the crowd control tactics of the 
     Hong Kong Police and the Government of the Hong Kong Special 
     Administrative Region has adequately addressed those 
     concerns.''.
                                 ______
                                 
  SA 741. 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:

       Strike section 1518 and insert the following:

     SEC. 1518. PROHIBITION WITH RESPECT TO ESTABLISHMENT OF 
                   NUCLEAR-ARMED SEA-LAUNCHED CRUISE MISSILE 
                   CAPABILITY.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for fiscal year 2024 for the 
     Department

[[Page S2856]]

     of Defense may be obligated or expended to establish a 
     program for the development of a nuclear-armed, sea-launched 
     cruise missile capability.
                                 ______
                                 
  SA 742. 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 D of title XII, add the following:

     SEC. 1269. STUDY ON AVOIDING INADVERTENT NUCLEAR WAR WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) Study.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     seek to enter into a contract with a federally funded 
     research and development center to conduct a study on 
     avoiding inadvertent nuclear war with the People's Republic 
     of China.
       (2) Elements.--The study required by paragraph (1) shall, 
     at a minimum--
       (A) provide a detailed description of the current 
     composition of the nuclear forces of the People's Republic of 
     China, including the quantity of nuclear warheads and 
     nuclear-capable delivery systems, as well as anticipated 
     changes in its nuclear force structure through fiscal year 
     2030;
       (B) assess the nuclear doctrine of the People's Republic of 
     China; and
       (C) identify potential pathways to inadvertent escalation 
     to nuclear war.
       (b) Report to Department of Defense.--Not later than 240 
     days after the date of the enactment of this Act, the 
     federally funded research and development center that 
     conducted the study under subsection (a) shall submit to the 
     Secretary a report containing the results of the study.
       (c) Report to Congress.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress the report submitted to 
     the Secretary under subsection (b), without making any 
     changes.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives, the Committee on Appropriations, and the 
     Committee on Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 743. 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 appropriate place in title XXXI, insert the 
     following:

     SEC. ___. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED 
                   NAVAL NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED 
                   URANIUM.

       (a) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Administrator for Nuclear 
     Security shall establish a program to assess the viability of 
     using low-enriched uranium in naval nuclear propulsion 
     reactors, including such reactors located on aircraft 
     carriers and submarines, that meet the requirements of the 
     Navy.
       (b) Activities.--In carrying out the program under 
     subsection (a), the Administrator shall carry out activities 
     to develop an advanced naval nuclear fuel system based on 
     low-enriched uranium, including activities relating to--
       (1) down-blending of high-enriched uranium into low-
     enriched uranium;
       (2) manufacturing of candidate advanced low-enriched 
     uranium fuels;
       (3) irradiation tests and post-irradiation examination of 
     these fuels;
       (4) modification or procurement of equipment and 
     infrastructure relating to such activities; and
       (5) designing naval propulsion reactors that incorporate 
     candidate advanced low enriched uranium fuels.
       (c) Submission of Plan.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator shall 
     submit to the congressional defense committees a plan 
     outlining the activities the Administrator will carry out 
     under the program established under subsection (a), including 
     the funding requirements associated with developing a low-
     enriched uranium fuel.
       (d) Report on Performance Impact of Low-enriched Uranium 
     Reactor Core Size.--Not later than December 15, 2023, the 
     Administrator, in consultation with the Secretary of the 
     Navy, shall prepare and submit to the congressional defense 
     committees a report assessing the feasibility and performance 
     impact of a Virginia-Class replacement nuclear powered attack 
     submarine that retains the anticipated hull diameter and 
     power plant design, but leaves sufficient space for a low-
     enriched uranium-fueled reactor with a life of the ship core, 
     possibly with an increased module length. The report shall 
     assess the impact on vessel performance of the increased core 
     size over the range of potential low-enriched uranium fuel 
     packing densities discussed in the November 2016 JASON report 
     JSR-16-Task-013, and compare this with the performance impact 
     of recent adjustments of vessel lengths such as that from the 
     Virginia Payload Module.
       (e) Funding.--
       (1) Increase.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated by this title for the National Nuclear Security 
     Administration, as specified in the corresponding funding 
     table in division D, for Defense Nuclear Nonproliferation, 
     Defense Nuclear Nonproliferation R&D, Nuclear Fuels 
     Development is hereby increased by $20,000,000 for the 
     purpose of LEU Research and Development for Naval Pressurized 
     Water Reactors.
       (2) Offset.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated by this title for the National Nuclear Security 
     Administration, as specified in the corresponding funding 
     table in division D, for Defense Nuclear Nonproliferation is 
     hereby reduced--
       (A) by $10,000,000 for the amount for nuclear smuggling 
     detection and deterrence; and
       (B) by $10,000,000 for the amount for nuclear detonation 
     detection.
                                 ______
                                 
  SA 744. Mr. MERKLEY (for himself and 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 end of subtitle D of title XII, add the following:

     SEC. 1269. PROMOTING A RESOLUTION TO THE TIBET-CHINA 
                   CONFLICT.

       (a) Short Title.--This section may be cited as the 
     ``Promoting a Resolution to the Tibet-China Conflict Act''.
       (b) Findings.--Congress finds the following:
       (1) It has been the longstanding policy of the United 
     States to encourage meaningful and direct dialogue between 
     People's Republic of China authorities and the Dalai Lama or 
     his representatives, without preconditions, to seek a 
     settlement that resolves differences.
       (2) Ten rounds of dialogue held between 2002 and 2010 
     between the People's Republic of China authorities and the 
     14th Dalai Lama's representatives failed to produce a 
     settlement that resolved differences, and the two sides have 
     not met since January 2010.
       (3) An obstacle to further dialogue is that the Government 
     of the People's Republic of China continues to impose 
     conditions on His Holiness the Dalai Lama for a resumption of 
     dialogue, including a demand that he say that Tibet has been 
     part of China since ancient times, which the Dalai Lama has 
     refused to do because it is false.
       (4) United States Government statements that the United 
     States considers Tibet a part of the People's Republic of 
     China have reflected the reality on the ground that the 
     Government of the People's Republic of China has exerted 
     effective control over Tibet.
       (5) The United States Government has never taken the 
     position that Tibet was a part of China since ancient times 
     or that the means by which the Government of the People's 
     Republic of China came to exert effective control over Tibet 
     was consistent with international law or included the free or 
     meaningful consent of the Tibetan people.
       (6) United States Government documents dated January 9, 
     1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3, 
     1951, March 23, 1961, and February 14, 1963, listed Tibet as 
     an entity separate and distinct from China.
       (7) Article 1 of the International Covenant on Civil and 
     Political Rights and Article 1 of the International Covenant 
     on Economic, Social and Cultural Rights provide that ``All 
     peoples have the right of self-determination. By virtue of 
     that right they freely determine their political status and 
     freely pursue their economic, social and cultural 
     development.''.
       (8) Under international law, including United Nations 
     General Assembly Resolution 2625, the right to self-
     determination is the right of a people to determine its own 
     destiny and the exercise of this right can result in a 
     variety of outcomes ranging from independence, federation, 
     protection, some form of autonomy, or full integration within 
     a state.
       (9) United Nations General Assembly Resolution 1723, 
     adopted on December 20, 1961, called for the ``cessation of 
     practices which deprive the Tibetan people of their 
     fundamental human rights and freedoms, including their right 
     to self-determination''.

[[Page S2857]]

       (10) In a December 30, 1950, note to the Governments of the 
     United Kingdom and India, the Secretary of State wrote that 
     ``The United States, which was one of the early supporters of 
     the principle of self-determination of peoples, believes that 
     the Tibetan people has the same inherent right as any other 
     to have the determining voice in its political destiny. It is 
     believed further that, should developments warrant, 
     consideration could be given to recognition of Tibet as an 
     independent State.''.
       (11) In a June 2, 1951, telegram to the United States 
     Embassy in New Delhi, the State Department wrote that Tibet 
     should not ``be compelled by duress [to] accept [the] 
     violation [of] its autonomy'' and that the Tibetan people 
     should ``enjoy certain rights [of] self-determination, 
     commensurate with [the] autonomy Tibet has maintained since 
     [the] Chinese revolution.''.
       (12) Secretary of State Antony Blinken, in a May 26, 2022, 
     speech entitled ``The Administration's Approach to the 
     People's Republic of China'', said that the rules-based 
     international order's ``founding documents include the UN 
     Charter and the Universal Declaration of Human Rights, which 
     enshrined concepts like self-determination, sovereignty, the 
     peaceful settlement of disputes. These are not Western 
     constructs. They are reflections of the world's shared 
     aspirations.''.
       (13) The Tibetan Policy Act of 2002 (Public Law 107-228; 22 
     U.S.C. 6901 note), in directing the United States Government 
     ``to promote the human rights and distinct religious, 
     cultural, linguistic, and historical identity of the Tibetan 
     people'', acknowledges that the Tibetan people possess a 
     distinct religious, cultural, linguistic, and historical 
     identity.
       (14) Department of State reports on human rights and 
     religious freedom have consistently documented repression by 
     the People's Republic of China authorities against Tibetans 
     as well as acts of defiance and resistance by Tibetan people 
     against the People's Republic of China policies.
       (15) Section 355 of the Foreign Relations Authorization 
     Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
     Stat. 713) stated that it is the sense of Congress that--
       (A) ``Tibet, including those areas incorporated into the 
     Chinese provinces of Sichuan, Yunnan, Gansu, and Qinghai, is 
     an occupied country under the established principles of 
     international law'';
       (B) ``Tibet's true representatives are the Dalai Lama and 
     the Tibetan Government in exile as recognized by the Tibetan 
     people'';
       (C) ``Tibet has maintained throughout its history a 
     distinctive and sovereign national, cultural, and religious 
     identity separate from that of China and, except during 
     periods of illegal Chinese occupation, has maintained a 
     separate and sovereign political and territorial identity'';
       (D) ``historical evidence of this separate identity may be 
     found in Chinese archival documents and traditional dynastic 
     histories, in United States recognition of Tibetan neutrality 
     during World War II, and in the fact that a number of 
     countries including the United States, Mongolia, Bhutan, 
     Sikkim, Nepal, India, Japan, Great Britain, and Russia 
     recognized Tibet as an independent nation or dealt with Tibet 
     independently of any Chinese government'';
       (E) from``1949-1950, China launched an armed invasion of 
     Tibet in contravention of international law'';
       (F) ``it is the policy of the United States to oppose 
     aggression and other illegal uses of force by one country 
     against the sovereignty of another as a manner of acquiring 
     territory, and to condemn violations of international law, 
     including the illegal occupation of one country by another''; 
     and
       (G) ``numerous United States declarations since the Chinese 
     invasion have recognized Tibet's right to self-determination 
     and the illegality of China's occupation of Tibet''.
       (16) The joint explanatory statement to accompany division 
     K of the Consolidated Appropriations Act for Fiscal Year 2023 
     (Public Law 117-328) states that ``Funds appropriated by the 
     Act shall not be used to produce or disseminate documents, 
     maps, or other materials that recognize or identify Tibet, 
     including the Tibet Autonomous Region and other Tibetan 
     autonomous counties and prefectures, as part of the People's 
     Republic of China until the Secretary of State reports to the 
     appropriate congressional committees that the Government of 
     the People's Republic of China has reached a final negotiated 
     agreement on Tibet with the Dalai Lama or his representatives 
     or with democratically elected leaders of the Tibetan 
     people.''.
       (c) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the Tibetan people are a people entitled to the right 
     of self-determination under international law, including the 
     International Covenant on Civil and Political Rights and the 
     International Covenant on Economic, Social and Cultural 
     Rights and that their ability to exercise this right is 
     precluded by the current policies of the People's Republic of 
     China; and
       (2) the conflict between Tibet and the People's Republic of 
     China is unresolved, and that the legal status of Tibet 
     remains to be determined in accordance with international 
     law.
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) claims made by officials of the People's Republic of 
     China and the Chinese Communist Party that Tibet has been a 
     part of China since ancient times are historically false;
       (2) the Government of the People's Republic of China has 
     failed to meet the expectations of the United States to 
     engage in meaningful dialogue with the Dalai Lama or his 
     representatives toward a peaceful settlement of the 
     unresolved conflict between Tibet and the People's Republic 
     of China; and
       (3) United States public diplomacy efforts should counter 
     disinformation about Tibet from the Government of the 
     People's Republic of China and the Chinese Communist Party, 
     including disinformation about the history of Tibet, the 
     Tibetan people, and Tibetan institutions including that of 
     the Dalai Lama.
       (e) Modifications to the Tibetan Policy Act of 2002.--
       (1) Tibet negotiations.--Section 613(b) of the Tibetan 
     Policy Act of 2002 (Public Law 107-228; 22 U.S.C. 6901 note) 
     is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) efforts to counter disinformation about Tibet from 
     the Government of the People's Republic of China and the 
     Chinese Communist Party, including disinformation about the 
     history of Tibet, the Tibetan people, and Tibetan 
     institutions including that of the Dalai Lama.''.
       (2) United states special coordinator for tibetan issues.--
     Section 621(d) of the Tibetan Policy Act of 2002 (Public Law 
     107-228; 22 U.S.C. 6901 note) is amended--
       (A) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (7), (8), and (9), respectively; and
       (B) by inserting after paragraph (5) the following:
       ``(6) work to ensure that United States Government 
     statements and documents counter, as appropriate, 
     disinformation about Tibet from the Government of the 
     People's Republic of China and the Chinese Communist Party, 
     including disinformation about the history of Tibet, the 
     Tibetan people, and Tibetan institutions including that of 
     the Dalai Lama;''.
       (3) Geographic definition of tibet.--The Tibetan Policy Act 
     of 2002 (Public Law 107-228; 22 U.S.C. 6901 note) is amended 
     by adding at the end the following:

     ``SEC. 622. GEOGRAPHIC DEFINITION OF TIBET.

       ``In this Act and in implementing policies relating to the 
     Tibetan people under other provisions of law, the term 
     `Tibet', unless otherwise specified, means--
       ``(1) the Tibet Autonomous Region; and
       ``(2) the Tibetan areas of Qinghai, Sichuan, Gansu, and 
     Yunnan provinces.''.
       (f) Availability of Amounts to Counter Disinformation About 
     Tibet.--Amounts authorized to be appropriated or otherwise 
     made available to carry out section 201(c) of the Asia 
     Reassurance Initiative Act of 2018 (22 U.S.C. 2292 et seq.) 
     are authorized to be made available to counter disinformation 
     about Tibet from the Government of the People's Republic of 
     China and the Chinese Communist Party, including 
     disinformation about the history of Tibet, the Tibetan 
     people, and Tibetan institutions, including that of the Dalai 
     Lama.
                                 ______
                                 
  SA 745. Mr. MERKLEY (for himself and 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 end of subtitle F of title XII, add the following:

     SEC. 1282. REPORT ON PARTNER FORCES UTILIZING UNITED STATES 
                   SECURITY ASSISTANCE IDENTIFIED AS USING HUNGER 
                   AS A WEAPON OF WAR.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States recognizes the link between armed 
     conflict and conflict-induced food insecurity;
       (2) Congress recognizes and condemns the role of nefarious 
     security actors, including state and non-state armed groups, 
     who have utilized hunger as a weapon of war, including 
     through the unanimous adoption of House of Representatives 
     Resolution 922 and Senate Resolution 669 relating to 
     ``[c]ondemning the use of hunger as a weapon of war and 
     recognizing the effect of conflict on global food security 
     and famine'';
       (3) United Nations Security Council Resolution 2417 
     articulates principles that should serve as important 
     framework for holding perpetrators that use hunger as a 
     weapon of war accountable; and
       (4) the United States should use the diplomatic and 
     humanitarian tools at our disposal to not only fight global 
     hunger, mitigate the spread of conflict, and promote 
     critical, lifesaving assistance, but also hold perpetrators 
     using hunger as a weapon of war to account.
       (b) Definitions.--In this section:
       (1) Hunger as a weapon of war.--The term ``hunger as a 
     weapon of war'' means--
       (A) intentional starvation of civilians;
       (B) intentional and reckless destruction, removal, looting, 
     or rendering useless objects necessary for food production 
     and distribution, such as farmland, markets, mills,

[[Page S2858]]

     food processing and storage facilities, food stuffs, crops, 
     livestock, agricultural assets, waterways, water systems, 
     drinking water facilities and supplies, and irrigation 
     networks;
       (C) undue denial of humanitarian access and deprivation of 
     objects indispensable to people's survival, such as food 
     supplies and nutrition resources; and
       (D) willful interruption of market systems for populations 
     in need, including through the prevention of travel and 
     manipulation of currency exchange.
       (2) Security assistance.--The term ``security assistance'' 
     means assistance meeting the definition of ``security 
     assistance'' under section 502B of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2304).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of Defense shall 
     submit a report to the appropriate congressional committees 
     regarding--
       (1) United States-funded security assistance and 
     cooperation; and
       (2) whether the governments and entities receiving such 
     assistance have or are currently using hunger as a weapon of 
     war.
       (d) Elements.--The report required under subsection (c) 
     shall--
       (1) identify countries receiving United States-funded 
     security assistance or participating in security programs and 
     activities, including in coordination with the Department of 
     Defense, that are currently experiencing famine-like 
     conditions as a result of conflict;
       (2) describe the actors and actions taken by such actors in 
     the countries identified pursuant to paragraph (1) who are 
     utilizing hunger as a weapon of war; and
       (3) describe any current or existing plans to continue 
     providing United States-funded security assistance to 
     recipient countries.
       (e) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 746. 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 X, add the following:

     SEC. 1083. REPORTING ON TRANSNATIONAL REPRESSION IN ANNUAL 
                   COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

       Section 116(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d)) is amended by adding at the end the 
     following:
       ``(13) Wherever applicable, a description of the nature and 
     extent of acts of transnational repression that occurred 
     during the preceding year, including identification of--
       ``(A) incidents in which a government harassed, 
     intimidated, or killed individuals outside of their 
     internationally recognized borders and the patterns of such 
     repression among repeat offenders;
       ``(B) countries in which such transnational repression 
     occurs and the roles of the governments of such countries in 
     enabling, preventing, mitigating, and responding to such 
     acts;
       ``(C) the tactics used by the governments of countries 
     identified pursuant to subparagraph (A), including the 
     actions identified and any new techniques observed;
       ``(D) in the case of digital surveillance and harassment, 
     the type of technology or platform, including social media, 
     smart city technology, health tracking systems, general 
     surveillance technology, and data access, transfer, and 
     storage procedures, used by the governments of countries 
     identified pursuant to subparagraph (A) for such actions; and
       ``(E) groups and types of individuals targeted by acts of 
     transnational repression in each country in which such acts 
     occur.''.
                                 ______
                                 
  SA 747. 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 X, add the following:

     SEC. 1083. ENDING TRADING AND HOLDINGS IN CONGRESSIONAL 
                   STOCKS.

       (a) Short Title.--This section may be cited as the ``Ending 
     Trading and Holdings In Congressional Stocks (ETHICS) Act''.
       (b) Placement of Certain Assets of Members of Congress and 
     Their Spouses and Dependent Children in Qualified Blind 
     Trusts.--
       (1) In general.--Chapter 131 of title 5, United States 
     Code, is amended by adding at the end the following:

   ``Subchapter IV--Certain Assets of Members of Congress and Their 
                     Spouses and Dependent Children

     ``Sec. 13161. Definitions

       ``In this title:
       ``(1) Commodity.--The term `commodity' has the meaning 
     given the term in section 1a of the Commodity Exchange Act (7 
     U.S.C. 1a).
       ``(2) Covered investment.--
       ``(A) In general.--The term `covered investment' means--
       ``(i) an investment in--

       ``(I) a security;
       ``(II) a commodity; or
       ``(III) a future;

       ``(ii) any economic interest comparable to an interest 
     described in clause (i) that is acquired through synthetic 
     means, such as the use of a derivative, including an option, 
     warrant, or other, similar means; or
       ``(iii) any interest described in clause (i) or (ii) that 
     is held directly, or in which an individual has an indirect, 
     beneficial, or economic interest, through--

       ``(I) an investment fund or holding company;
       ``(II) a trust (other than a qualified blind trust);
       ``(III) an employee benefit plan; or
       ``(IV) a deferred compensation plan, including a carried 
     interest or other agreement tied to the performance of an 
     investment, other than a fixed cash payment.

       ``(B) Exclusions.--The term `covered investment' does not 
     include--
       ``(i) a diversified mutual fund (including any holdings of 
     such a fund);
       ``(ii) a diversified exchange-traded fund (including any 
     holdings of such a fund);
       ``(iii) a United States Treasury bill, note, or bond;
       ``(iv) compensation from the primary occupation of the 
     spouse of a Member of Congress, or any security that is 
     issued or paid by an operating business that is the primary 
     employer of such a spouse that is issued or paid to such a 
     spouse;
       ``(v) holding and acquiring any security that is issued or 
     paid as compensation from corporate board service by the 
     spouse of a Member of Congress, including the dividend 
     reinvestment in the same security received from the corporate 
     board service by the spouse of a Member of Congress;
       ``(vi) any covered investment that is traded by the spouse 
     of a Member of Congress in the course of performing the 
     primary occupation of such a spouse, provided the investment 
     is not owned by a covered person;
       ``(vii) any investment fund held in a Federal, State, or 
     local government employee retirement plan;
       ``(viii) a tax-free State or municipal bond;
       ``(ix) an interest in a small business concern, if the 
     supervising ethics office determines that the small business 
     concern does not present a conflict of interest, and, in the 
     case of an investment in a family farm or ranch that 
     qualifies as an interest in a small business concern, a 
     future or commodity directly related to the farming 
     activities and products of the farm or ranch;
       ``(x) holding investment-grade corporate bonds, provided 
     that the corporate bonds are held by an individual who is a 
     covered person on the date of enactment of the Ending Trading 
     and Holdings In Congressional Stocks (ETHICS) Act;
       ``(xi) any share of Settlement Common Stock issued under 
     section 7(g)(1)(A) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1606(g)(1)(A)); or
       ``(xii) any share of Settlement Common Stock, as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602).
       ``(3) Covered person.--The term `covered person' means--
       ``(A) a Member of Congress; and
       ``(B) a spouse or dependent child of a Member of Congress.
       ``(4) Custody.--The term `custody' has the meaning given 
     the term in section 275.206(4)-2(d) of title 17, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the Ending Trading and Holdings In Congressional Stocks 
     (ETHICS) Act or a successor regulation).
       ``(5) Dependent child.--The term `dependent child' means, 
     with respect to any Member of Congress any individual who 
     is--
       ``(A) under the age of 19; and
       ``(B) a dependent of the Member of Congress within the 
     meaning of section 152 of the Internal Revenue Code of 1986.
       ``(6) Diversified.--The term `diversified', with respect to 
     a fund, trust, or plan, means that the fund, trust, or plan 
     does not have a stated policy of concentrating its 
     investments in any industry, business, or single country 
     other than the United States.
       ``(7) Future.--The term `future' means--
       ``(A) a security future (as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); and
       ``(B) any other contract for the sale of a commodity for 
     future delivery.
       ``(8) Illiquid investment.--The term `illiquid investment' 
     means an interest in a private fund, as defined in section 
     202(a)(29) of the Investment Advisers Act of 1940 (15 U.S.C. 
     80b-2).
       ``(9) Initial property.--The term `initial property' means 
     an asset or financial interest transferred to a qualified 
     blind trust by, or on behalf of, an interested party or a 
     relative of an interested party, regardless of whether the 
     asset or financial interest is transferred to the qualified 
     blind trust on or after the date of establishment of the 
     qualified blind trust.

[[Page S2859]]

       ``(10) Interested party.--The term `interested party' has 
     the meaning given the term in section 13104(f)(3)(E).
       ``(11) Member of congress; supervising ethics office.--The 
     terms `Member of Congress' and `supervising ethics office' 
     have the meaning given those terms in section 13101.
       ``(12) Qualified blind trust.--The term `qualified blind 
     trust' means a qualified blind trust (as defined in section 
     13104(f)(3)) that has been approved in writing by the 
     applicable supervising ethics office under section 
     13104(f)(3)(D).
       ``(13) Security.--The term `security' has the meaning given 
     the term in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a)).
       ``(14) Small business concern.--The term `small business 
     concern' has the meaning given the term under section 3 of 
     the Small Business Act (15 U.S.C. 632).

     ``Sec. 13162. Trading covered investments

       ``(a) Ban on Trading.--Except as provided in subsections 
     (b) and (c)--
       ``(1) effective on the date of enactment of the Ending 
     Trading and Holdings In Congressional Stocks (ETHICS) Act, a 
     Member of Congress shall not purchase any covered investment;
       ``(2) effective on the date that is 90 days after the date 
     of enactment of the Ending Trading and Holdings In 
     Congressional Stocks (ETHICS) Act, a Member of Congress shall 
     not sell any covered investment, except as provided in 
     section 13163(a)(2); and
       ``(3) on and after the effective date described in section 
     13163(k), a covered person that is a spouse or dependent 
     child of a Member of Congress shall not purchase any covered 
     investment or sell any covered investment, except as provided 
     in section 13163(a)(2).
       ``(b) Optional Divestment Window.--Notwithstanding 
     subsection (a)--
       ``(1) a Member of Congress who is sworn as a Member of 
     Congress on or before the date of enactment of the Ending 
     Trading and Holdings In Congressional Stocks (ETHICS) Act may 
     sell a covered investment within 90 days of the date of 
     enactment of such act, provided that the Member of Congress 
     may not sell any covered investment at any time outside of 
     that period while the Member of Congress serves the term for 
     which the Member of Congress was elected or is reelected or 
     appointed as a Member of Congress except as provided in 
     section 13163(a)(2); and
       ``(2) a Member of Congress who is sworn as a Member of 
     Congress after the date of enactment of the Ending Trading 
     and Holdings In Congressional Stocks (ETHICS) Act may sell a 
     covered investment within 90 days of commencing the term of 
     service as a Member of Congress, provided that the Member of 
     Congress may not sell any covered investment at any time 
     outside of that period while the Member of Congress serves 
     the term for which the Member of Congress was elected or is 
     reelected or appointed as a Member of Congress except as 
     provided in section 13163(a)(2).
       ``(c) Exception.--Notwithstanding subsection (a), a covered 
     person may divest a covered investment as directed by the 
     relevant supervising ethics office pursuant to this Act.
       ``(d) Joint Covered Investment.--Any covered investment 
     reported to the supervising ethics office as jointly owned by 
     a Member of Congress and the spouse of the Member of Congress 
     shall be deemed to be a covered investment of the Member of 
     Congress for purposes of this section.

     ``Sec. 13163. Addressing owned covered investments

       ``(a) Members of Congress.--
       ``(1) Certification.--Not later than 60 days after the 
     applicable effective date described in subsection (j), a 
     Member of Congress shall submit to the supervising ethics 
     office a certification, which the supervising ethics office 
     shall publish online that certifies that--
       ``(A) each covered investment owned by, or in the custody 
     of, the Member of Congress, or a spouse or dependent child of 
     the Member of Congress, will, by the applicable deadline 
     under paragraph (2), be--
       ``(i) divested, as described in paragraph (2)(B); or
       ``(ii) placed in a qualified blind trust, including through 
     the establishment of a qualified blind trust for that 
     purpose, if necessary, as described in paragraph (2)(A); and
       ``(B) no spouse or dependent child of the Member of 
     Congress owns, or has custody of, covered investments with a 
     cumulative amount equal to more than $10,000, in accordance 
     with paragraph (6).
       ``(2) Divestiture or placement in qualified blind trust.--
       ``(A) Requirement.--Subject to paragraphs (3) and (6) and 
     subsection (b)(2), not later than 120 days after the 
     applicable effective date described in subsection (j), a 
     Member of Congress shall divest, or place in a qualified 
     blind trust (including by establishing a qualified blind 
     trust for that purpose, if necessary), each covered 
     investment owned or in the custody of--
       ``(i) the Member of Congress; or
       ``(ii) a spouse or dependent child of the Member of 
     Congress.
       ``(B) Divestiture.--A covered person shall divest any 
     covered investment owned by or in the custody of the covered 
     person that is not placed in a qualified blind trust not 
     later than the date described in subparagraph (A), subject to 
     any extension granted under paragraph (3).
       ``(C) Qualified blind trusts.--
       ``(i) Mandatory sale of initial property in qualified blind 
     trust.--

       ``(I) In general.--Subject to clause (ii), if a covered 
     person places, or has placed before the applicable effective 
     date described in subsection (j), 1 or more covered 
     investments in a qualified blind trust, the trustee of the 
     qualified blind trust shall divest any such covered 
     investment not later than the date specified in subclause 
     (II).
       ``(II) Deadline.--The date specified in this subclause is--

       ``(aa) with respect to a covered investment placed in a 
     qualified blind trust before the applicable effective date 
     described in subsection (j), 120 days after such applicable 
     effective date; and
       ``(bb) with respect to a covered investment placed in a 
     qualified blind trust on or after the applicable effective 
     date described in subsection (j), 120 days after the date of 
     creation of the qualified blind trust, as dated by the 
     executed qualified blind trust agreement.

       ``(III) Notice of compliance.--

       ``(aa) In general.--Subject to item (bb), upon completion 
     of the divestiture of all initial property pursuant to 
     subclause (I)--
       ``(AA) the trustee of a qualified blind trust shall submit 
     to the supervising ethics office and each beneficiary of the 
     trust a written notice stating that all initial property of 
     the qualified blind trust has been divested; and
       ``(BB) the supervising ethics office shall publish the 
     notice described in subitem (AA) on the website of the 
     supervising ethics office.
       ``(bb) Contents.--Each notice described in item (aa)(AA)--
       ``(AA) shall only identify the initial property generally 
     by referring to the complete list of assets described in 
     section 13104(f)(5)(A)(ii); and
       ``(BB) may not contain any other information relating to 
     any holding of the qualified blind trust or the timing of any 
     divestiture.
       ``(ii) Extension of mandatory sale of initial property.--

       ``(I) Request.--A covered person may apply to the 
     supervising ethics office for an extension of the period 
     described in clause (i)(I) if the size or complexity of the 
     covered investments in the qualified blind trust warrant such 
     extension.
       ``(II) Duration.--An extension granted under subclause (I) 
     shall not exceed 90 days.

       ``(D) Illiquid investments.--
       ``(i) Sale.--Not later than 90 days after the date on which 
     a covered person is contractually permitted to sell an 
     illiquid investment, the covered person shall divest the 
     illiquid investment.
       ``(ii) Prohibition.--A covered person may not place an 
     illiquid investment in any qualified blind trust under 
     subparagraph (A).
       ``(E) Trustees.--A trustee of a qualified blind trust--
       ``(i) shall be required to be a financial institution, as 
     defined in section 1a of the Commodity Exchange Act (7 U.S.C. 
     1a); and
       ``(ii) except for a financial institution, may not be--

       ``(I) an attorney;
       ``(II) a certified public accountant;
       ``(III) a broker, as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or
       ``(IV) an investment advisor.

       ``(3) Extension of assets being placed in qualified blind 
     trusts.--If a covered person is unable to place a covered 
     investment in a qualified blind trust by the date described 
     in paragraph (2)(A), the applicable Member of Congress may 
     request, and the supervising ethics office may grant, 1 or 
     more reasonable extensions, subject to the conditions that--
       ``(A) the total period of time covered by all extensions 
     granted for the covered investment shall not exceed 150 days; 
     and
       ``(B) the period covered by a single extension shall be not 
     longer than 45 days.
       ``(4) Communications regarding existing qualified blind 
     trusts.--
       ``(A) In general.--Any direct or indirect communication 
     relating to a qualified blind trust in existence on the 
     applicable effective date described in subsection (j) between 
     a trustee of the qualified blind trust and an interested 
     party shall be permissible for purposes of this title if the 
     communication--
       ``(i)(I) is made--

       ``(aa) in writing; and
       ``(bb) not later than 60 days after that effective date;

       ``(II) is filed with the applicable supervising ethics 
     office by the person initiating the communication not less 
     than 5 days before the date of the communication;
       ``(III) relates to a direction or request to the trustee--

       ``(aa) to sell all initial property placed in the qualified 
     blind trust by any interested party; or
       ``(bb) to convert all of an asset in the qualified blind 
     trust into an investment other than a covered investment; and

       ``(ii) is otherwise permitted under section 
     13104(f)(3)(C)(vi).
       ``(5) Communications between covered persons and trustees 
     relating to all qualified blind trusts.--
       ``(A) Notification.--A trustee of a qualified blind trust 
     shall not notify a covered person if--
       ``(i) the value of the initial property of the qualified 
     blind trust is less than $1,000; or
       ``(ii) the trustee divests any property of the qualified 
     blind trust, other than the initial property required to be 
     divested pursuant to paragraph (2).
       ``(B) Communication.--
       ``(i) In general.--Any communication between a covered 
     person and the trustee of the relevant qualified blind 
     trust--

[[Page S2860]]

       ``(I) shall be in writing; and
       ``(II) submitted and approved in advance of the 
     communication by the supervising ethics office.

       ``(ii) Prohibition.--A communication described in clause 
     (i) may not include any information relating to the manner in 
     which funds of the qualified blind trust are invested, 
     including any information relating to--

       ``(I) any company in which the funds are invested; or
       ``(II) any sector in which the funds are invested.

       ``(6) Exception for dependents.--A covered person who is a 
     dependent child of a Member of Congress may have a legal 
     guardian hold or trade on behalf of the dependent child 1 or 
     more covered investments provided that the value of the 
     covered investments in total does not exceed $10,000.
       ``(b) Acquisitions During Service.--
       ``(1) In general.--Subject to paragraph (2), and any 
     applicable rules issued pursuant to subsection (h)(3), 
     effective beginning on the date of enactment of the Ending 
     Trading and Holdings In Congressional Stocks (ETHICS) Act, no 
     covered person may acquire any covered investment.
       ``(2) Inheritances.--
       ``(A) In general.--Subject to subparagraph (B), a covered 
     person who inherits a covered investment shall come into 
     compliance as required under subsection (a) by not later than 
     120 days after the date on which the covered investment is 
     inherited.
       ``(B) Extensions.--If a covered person is unable to meet 
     the requirements of subparagraph (A), the applicable Member 
     of Congress may request, and the supervising ethics office 
     may grant, 1 or more reasonable extensions, subject to the 
     conditions that--
       ``(i) the total period of time covered by all extensions 
     granted for the covered investment shall not exceed 150 days; 
     and
       ``(ii) the period covered by a single extension shall be 
     not longer than 45 days.
       ``(c) Family Trusts.--
       ``(1) In general.--A supervising ethics office may grant an 
     exemption for a family trust only if--
       ``(A) no covered person--
       ``(i) is a grantor of the family trust;
       ``(ii) contributed any asset to the family trust; or
       ``(iii) has any authority over a trustee of the family 
     trust, including the authority to appoint, replace, or direct 
     the actions of such a trustee; and
       ``(B) the grantor of the family trust is or was a family 
     member of the covered person.
       ``(2) Requests.--A covered person seeking an exemption 
     under paragraph (1) shall submit to the applicable 
     supervising ethics office a request for the exemption, in 
     writing, certifying that the conditions described in that 
     paragraph are met.
       ``(3) Publication.--A supervising ethics office shall 
     publish on the public website of the supervising ethics 
     office--
       ``(A) a copy of each request submitted under paragraph (2); 
     and
       ``(B) the written response of the supervising ethics office 
     to each request described in subparagraph (A).
       ``(d) Mingling of Assets.--A spouse or dependent child of a 
     Member of Congress may place a covered investment in a 
     qualified blind trust established by the Member of Congress 
     under subsection (a)(2)(A)(i).
       ``(e) Separation From Service and Cooling-Off Period 
     Required for Control.--During the period beginning on the 
     date on which an individual becomes a Member of Congress and 
     ending on the date that is 90 days after the date on which 
     the individual ceases to serve as a Member of Congress, the 
     Member of Congress, and any spouse or dependent child of the 
     Member of Congress, may not--
       ``(1) dissolve any qualified blind trust in which a covered 
     investment has been placed pursuant to subsection (a)(2); or
       ``(2) except as provided in this section, otherwise control 
     a covered investment, including purchasing new covered 
     investments.
       ``(f) Reporting Requirements.--
       ``(1) Supervising ethics offices.--Each supervising ethics 
     office shall make available on the public website of the 
     supervising ethics office--
       ``(A) a copy of--
       ``(i) each certification submitted to the supervising 
     ethics office under subsection (a)(1);
       ``(ii) each qualified blind trust agreement of each covered 
     person;
       ``(iii) each notice and other documentation submitted to 
     the supervising ethics office under this section; and
       ``(iv) each notice, ruling, and other documentation issued 
     or received by the supervising ethics office under subsection 
     (c);
       ``(B) a schedule of all assets placed in a qualified blind 
     trust by each covered person and interested party; and
       ``(C) a description of each extension granted, and each 
     civil penalty imposed, pursuant to this section.
       ``(2) Trustees.--Each trustee of a qualified blind trust 
     established by a covered person shall submit to the covered 
     person and the applicable supervising ethics office a written 
     notice in any case in which the trustee learns that an 
     interested party has obtained knowledge of any trust property 
     other than the initial property of the qualified blind trust.
       ``(3) Member of congress.--Each Member of Congress who is a 
     beneficiary of a qualified blind trust shall submit to the 
     applicable supervising ethics office--
       ``(A) a copy of the executed qualified blind trust 
     agreement by not later than 30 days after the date of 
     execution;
       ``(B) a list of each asset and each financial interest 
     transferred to the qualified blind trust by an interested 
     party by not later than 30 days after the date of the 
     transfer;
       ``(C) a copy of each notice submitted to the Member of 
     Congress under paragraph (2) by not later than 30 days after 
     the date of receipt;
       ``(D) a written notice that an interested party has 
     obtained knowledge of any holding of the qualified blind 
     trust by not later than the date that is 30 days after the 
     date on which the Member of Congress discovered that the 
     knowledge had been obtained; and
       ``(E) a written notice of dissolution of the qualified 
     blind trust by not later than 30 days after the date of 
     dissolution.
       ``(4) Federal benefits.--
       ``(A) Covered payment.--In this paragraph, the term 
     `covered payment'--
       ``(i) means a payment of money or any other item of value 
     made, or promised to be made, by the Federal Government;
       ``(ii) includes--

       ``(I) a loan agreement, contract, or grant made, or 
     promised to be made, by the Federal Government, including 
     such an agreement, contract, or grant relating to 
     agricultural activity; and
       ``(II) such other types of payment of money or items of 
     value as the supervising ethics office may establish, by 
     guidance; and

       ``(iii) does not include--

       ``(I) any salary or compensation for service performed as, 
     or reimbursement of personal outlay by, an officer or 
     employee of the Federal Government; or
       ``(II) any tax refund (including a refundable tax credit).

       ``(B) Reporting requirement.--Not later than 30 days after 
     the date of receipt of a notice of any application for, or 
     receipt of, a covered payment by a covered person (including 
     any business owned and controlled by the covered person), but 
     in no case later than 45 days after the date on which the 
     covered payment is made or promised to be made, the covered 
     person shall submit to the applicable supervising ethics 
     office a report describing the covered payment.
       ``(g) Enforcement.--
       ``(1) Divestiture or placement in qualified blind trust.--
       ``(A) In general.--The applicable supervising ethics office 
     shall provide a written notice (including notice of the 
     potential for civil penalties under subparagraph (B)) to any 
     Member of Congress if the Member of Congress, or spouse or 
     dependent child of the Member of Congress--
       ``(i) fails to submit a certification under subsection 
     (a)(1) by the date on which the certification is required to 
     be submitted;
       ``(ii) fails to divest or place in a qualified blind trust 
     a covered investment owned by, or in the custody of the 
     covered person, in accordance with subsection (a)(2), subject 
     to any extension under subsection (a)(3); or
       ``(iii) acquires an interest in a covered investment in 
     violation of this section.
       ``(B) Civil penalties.--
       ``(i) In general.--In the event of continuing noncompliance 
     after issuance of the notice described in subparagraph (A), 
     the supervising ethics office shall impose a civil penalty, 
     in the amount described in clause (ii), on a Member of 
     Congress to whom a notice is provided under clause (i) or 
     (ii) of subparagraph (A)--

       ``(I) on the date that is 30 days after the date of 
     provision of the notice; and
       ``(II) during the period in which such noncompliance 
     continues, not less frequently than once every 30 days 
     thereafter.

       ``(ii) Amount.--The amount of each civil penalty imposed on 
     a Member of Congress pursuant to clause (i) shall be equal to 
     the greater of--

       ``(I) the monthly equivalent of the annual rate of pay 
     payable to the Member of Congress; and
       ``(II) an amount equal to 10 percent of the value of each 
     covered investment that was not divested or placed into a 
     qualified blind trust in violation of this section during the 
     period covered by the penalty.

       ``(2) Communications.--The Attorney General of the United 
     States shall file a civil action seeking to impose a civil 
     penalty on any covered person or trustee of a qualified blind 
     trust who violates subsection (a)(4), or otherwise discloses 
     the contents of a qualified blind trust to any unauthorized 
     individual, equal to the greater of--
       ``(A) $10,000 per each communication; or
       ``(B) 1 percent of the value of the qualified blind trust 
     on the date of the violation.
       ``(h) Duties of Supervising Ethics Offices.--Each 
     supervising ethics office in the legislative branch shall--
       ``(1) impose and collect civil penalties in accordance with 
     subsection (g);
       ``(2) establish such procedures and standard forms as the 
     supervising ethics office determines to be appropriate to 
     implement this section;
       ``(3) issue such rules and guidelines as the supervising 
     ethics office determines to be appropriate for the 
     implementation and application of this title; and
       ``(4) publish on a website all documents and communications 
     described in this subsection.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to prevent a covered person from owning or 
     trading--
       ``(1) a diversified mutual fund; or
       ``(2) a publicly traded, diversified exchange traded fund.

[[Page S2861]]

       ``(j) Effective Date.--This section shall apply to each 
     covered person beginning on the date on which the covered 
     person (or with respect to a covered person that is a spouse 
     or dependent child of a Member of Congress, the date on which 
     that Member of Congress) commences the first new term of 
     service as a Member of Congress on or after January 31, 
     2023.''.
       (2) Clerical amendment.--The table of sections for chapter 
     131 of title 5, United States Code, is amended by adding at 
     the end the following:

    ``subchapter iv--certain assets of members of congress and their 
                     spouses and dependent children

``13161. Definitions.
``13162. Trading covered investments
``13163. Addressing owned covered investments''.
       (3) Technical and conforming amendments.--
       (A) Title 5.--Title 5, United States Code, is amended--
       (i) in section 13103(f)--

       (I) in paragraph (9), by striking ``as defined in section 
     13101 of this title'';
       (II) in paragraph (10), by striking ``as defined in section 
     13101 of this title'';
       (III) in paragraph (11), by striking ``as defined in 
     section 13101 of this title''; and
       (IV) in paragraph (12), by striking ``as defined in section 
     13101 of this title''; and

       (ii) in section 13122(f)(2)(B)--

       (I) by striking ``Subject to clause (iv) of this 
     subparagraph, before'' each place it appears and inserting 
     ``Before''; and
       (II) by striking clause (iv).

       (B) Lobbying disclosure act of 1995.--Section 3(4)(D) of 
     the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is 
     amended by striking ``legislative branch employee serving in 
     a position described under section 13101(13) of title 5, 
     United States Code'' and inserting ``officer or employee of 
     Congress (as defined in section 13101 of title 5, United 
     States Code)''.
       (C) Securities exchange act of 1934.--Section 21A of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is 
     amended--
       (i) in subsection (g)(2)(B)(ii), by striking ``section 
     13101(11)'' and inserting ``section 13101''; and
       (ii) in subsection (h)(2)--

       (I) in subparagraph (B), by striking ``in section 
     13101(9)'' and inserting ``under section 13101''; and
       (II) in subparagraph (C), by striking ``section 13101(10)'' 
     and inserting ``in section 13101''.

       (c) Penalty for STOCK Act Noncompliance.--
       (1) Fines for failure to report.--The STOCK Act (Public Law 
     112-105; 126 Stat. 291) is amended by adding at the end the 
     following:

     ``SEC. 20. FINES FOR FAILURE TO REPORT.

       ``(a) In General.--Notwithstanding any other provision of 
     law (including regulations), a reporting individual shall be 
     assessed a fine, pursuant to regulations issued by the 
     applicable supervising ethics office (including the 
     Administrative Office of the United States Courts, as 
     applicable), of $500 in each case in which the reporting 
     individual fails to file a transaction report required under 
     this Act or an amendment made by this Act.
       ``(b) Deposit in Treasury.--The fines paid under this 
     section shall be deposited in the miscellaneous receipts of 
     the Treasury.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date on which the reporting 
     individual who is a Member of Congress commences the first 
     new term of service as a Member of Congress on or after 
     January 31, 2023.
       (3) Rules, regulations, guidance, and documents.--Not later 
     than 1 year after the date of enactment of this Act, each 
     supervising ethics office (as defined in section 13101 of 
     title 5, United States Code) (including the Administrative 
     Office of the United States Courts, as applicable) shall 
     amend the rules, regulations, guidance, documents, papers, 
     and other records of the supervising ethics office in 
     accordance with the amendment made by this subsection.
       (d) Electronic Filing and Online Public Availability of 
     Financial Disclosure Forms.--
       (1) Members of congress and congressional staff.--Section 
     8(b)(1) of the STOCK Act (5 U.S.C. 13107 note) is amended--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, pursuant to subchapter I of chapter 131 of part IV of 
     title 5, United States Code, through databases maintained on 
     the official websites of the House of Representatives and the 
     Senate'' after ``enable''; and
       (B) by striking subparagraph (B) and the undesignated 
     matter following that subparagraph and inserting the 
     following:
       ``(B) public access--
       ``(i) to each--

       ``(I) financial disclosure report filed by a Member of 
     Congress or a candidate for Congress;
       ``(II) transaction disclosure report filed by a Member of 
     Congress or a candidate for Congress pursuant to subsection 
     (l) of that section; and
       ``(III) notice of extension, amendment, or blind trust, 
     with respect to a report described in subclause (I) or (II), 
     pursuant to subchapter I of chapter 131 of part IV of title 
     5, United States Code; and

       ``(ii) in a manner that--

       ``(I) allows the public to search, sort, and download data 
     contained in the reports described in subclause (I) or (II) 
     of clause (i) by criteria required to be reported, including 
     by filer name, asset, transaction type, ticker symbol, 
     notification date, amount of transaction, and date of 
     transaction;
       ``(II) allows access through an application programming 
     interface; and
       ``(III) is fully compliant with--

       ``(aa) section 508 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794d); and
       ``(bb) the most recent Web Content Accessibility Guidelines 
     (or successor guidelines).''.
       (2) Effective date.--The amendments made by this section 
     take effect on the date that is 18 months after the date of 
     enactment of this Act.
       (d) Severability.--If any provision of this Act, an 
     amendment made by this Act, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this Act and of the 
     amendments made by this Act, and the application of the 
     remaining provisions of this Act and amendments to any person 
     or circumstance, shall not be affected.
                                 ______
                                 
  SA 748. 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 XVI, insert the 
     following:

     SEC. ___. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.

       (a) Program for Foundational Artificial Intelligence 
     Products Being Incorporated by Department of Defense.--
       (1) Development required.--Not later than 180 days after 
     the date of the enactment of this Act, the Chief Data and 
     Artificial Intelligence Officer of the Department of Defense 
     shall develop a bug bounty program for foundational 
     artificial intelligence products being incorporated by the 
     Department of Defense.
       (2) Collaboration.--In developing the program required by 
     paragraph (1), the Chief may collaborate with the heads of 
     other government agencies that have expertise in 
     cybersecurity and artificial intelligence.
       (3) Implementation authorized.--The Chief may carry out the 
     program developed pursuant to subsection (a).
       (4) Contracts.--The Secretary of Defense shall ensure that 
     whenever the Department of Defense enters into any contract, 
     the contract allows for participation in the bug bounty 
     program developed pursuant to paragraph (1).
       (5) Rule of construction.--Nothing in this subsection shall 
     be construed to require--
       (A) the use of any foundational artificial intelligence 
     product; or
       (B) the implementation of the program developed pursuant to 
     paragraph (1) in order for the Department to incorporate a 
     foundational artificial intelligence product.
       (b) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Chief shall provide the 
     congressional defense committees a briefing on--
       (1) the development and implementation of bug bounty 
     programs the Chief considers relevant to the matters covered 
     by this section; and
       (2) long-term plans of the Chief with respect to such bug 
     bounty programs.
                                 ______
                                 
  SA 749. Mr. BOOZMAN 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 XV, insert the following:

     SEC. 15__. INTEGRATION OF IDDS-A INTO INTEGRATED BATTLE 
                   COMMAND SYSTEM OF THE ARMY.

       (a) Integration Required.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of the 
     Army shall fully integrate at least two IDDS-A batteries into 
     the Integrated Battle Command System of the Army.
       (b) Briefing.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary shall provide the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a briefing 
     on the integration carried out pursuant to subsection (a).
                                 ______
                                 
  SA 750. Mr. BOOZMAN 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 S2862]]

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

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

     SEC. 2863. LAND CONVEYANCE, ARMY AND NAVY GENERAL HOSPITAL, 
                   HOT SPRINGS NATIONAL PARK, HOT SPRINGS, 
                   ARKANSAS.

       (a) In General.--The Secretary of the Army may convey to 
     the State of Arkansas by quitclaim deed, without 
     consideration, all right, title, and interest of the United 
     States in and to the covered property if, not later than five 
     years after the date of the enactment of this Act--
       (1) the Governor of Arkansas submits to the Secretary of 
     the Army a request for such conveyance; and
       (2) the Secretary of the Army, in consultation with the 
     Administrator of the General Services Administration, 
     determines such conveyance is appropriate notwithstanding the 
     requirements under section 3 of the Act of September 12, 1959 
     (Public Law 86-323).
       (b) Designation.--The Secretary of Defense, acting through 
     the Director of the Office of Local Defense Community 
     Cooperation, shall designate the State of Arkansas as the 
     local redevelopment authority with respect to the covered 
     property.
       (c) Grant Authority.--The Secretary of Defense, acting 
     through the Director of the Office of Local Defense Community 
     Cooperation, may make a grant (including a supplemental 
     grant) or enter into a cooperative agreement to assist the 
     local redevelopment authority designated under subsection (b) 
     in planning community adjustments and economic 
     diversification, including site caretaker services, security 
     services, and fire protection services, required under the 
     conveyance under subsection (a).
       (d) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall provide to the congressional defense committees a 
     briefing that includes--
       (1) with respect to the conveyance under subsection (a), a 
     summary of the coordination among affected stakeholders 
     including--
       (A) the Director of the Office of Local Defense Community 
     Cooperation;
       (B) the Administrator of the General Services 
     Administration;
       (C) the Director of the National Park Service;
       (D) the Governor of Arkansas;
       (E) the Mayor of Hot Springs, Arkansas; and
       (F) the Secretary of the Navy;
       (2) a summary of--
       (A) any environmental investigations conducted at the 
     covered property as of the date of the enactment of this Act;
       (B) the response actions required under any such 
     environmental investigation;
       (C) an estimate of the cost to each such response action; 
     and
       (D) an identification of potentially responsible parties, 
     if any, for any hazardous substance identified under an 
     environmental investigation described in subparagraph (A);
       (3) an estimate of the total cost to--
       (A) stabilize each structure on the covered property; and
       (B) demolish each such structure; and
       (4) an assessment of necessary steps for the covered 
     property to be eligible for a grant under the Arkansas 
     Brownfields Program and recommendations with respect to such 
     steps.
       (e) Covered Property Defined.--In this section, the term 
     ``covered property'' means the approximately twenty-one 
     acres, more or less, of land located at Hot Springs National 
     Park, Arkansas, which comprise facilities previously occupied 
     by the Army and Navy General Hospital conveyed by quitclaim 
     deed to the State of Arkansas pursuant to the Act of 
     September 12, 1959.
                                 ______
                                 
  SA 751. 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 appropriate place, insert the following:

     SEC. __. ADJUDICATION OF ONGOING ASSIGNMENT REVIEWS FOR 
                   DEPARTMENT OF STATE PERSONNEL.

       (a) Time Limit.--The Department of State shall establish a 
     reasonable time limit for the Department to complete an 
     assignment review and establish a deadline by which it must 
     inform personnel of a decision related to such a review.
       (b) Appeals.--For any personnel the Department determines 
     are ineligible to serve in an assignment due to an assignment 
     restriction or assignment review, a Security Appeal Panel 
     shall convene not later than 120 days of an appeal being 
     filed.
       (c) Entry-level Bidding Process.--The Department shall 
     include a description of the assignment review process and 
     critical human intelligence threat posts in a briefing to new 
     officers as part of their entry-level bidding process.
       (d) Point of Contact.--The Department shall designate point 
     of contacts in the Bureau of Diplomatic Security and Bureau 
     of Global Talent Management to answer employee and Career 
     Development Officer questions about assignment restrictions, 
     assignment reviews, and preclusions.
                                 ______
                                 
  SA 752. Mrs. BRITT (for herself and Mrs. Gillibrand) 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. __ Require DOD to submit a report to the Committee on 
     Armed Services of the Senate and the House of 
     Representatives, no later than March 31, 2024, that includes 
     the following:
       1) A summary of relevant Federal and State Laws, as well as 
     DOD policies governing the provision of mental healthcare 
     services via telehealth to servicemembers and their 
     dependents;
       2) An explanation of any challenges experienced by 
     servicemembers and their dependents in receiving continuing 
     care from a provider when assigned to a new State or location 
     outside of the United States;
       3) An assessment of the value of receiving continuing care 
     from the same mental healthcare provider for various mental 
     health care conditions;
       4) A description of how the Department of Defense 
     accommodates servicemembers who would benefit from receiving 
     continuing care from a specific mental healthcare provider; 
     and
       5) Any other matters the Secretary considers relevant.
                                 ______
                                 
  SA 753. Mr. CASSIDY (for himself, Mr. Schatz, Mr. Tillis, Mr. Lujan, 
Mr. Wyden, Mr. Booker, and 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 end, add the following:

              DIVISION F--REFORMING DISASTER RECOVERY ACT

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Reforming Disaster 
     Recovery Act''.

     SEC. 6002. FINDINGS.

       Congress finds that--
       (1) following a major disaster declared by the President 
     under section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170), the subset of 
     communities that are most impacted and distressed as a result 
     of the disaster face critical social, economic, and 
     environmental obstacles to recovery, including insufficient 
     public and private resources to address disaster-related 
     housing and community development needs for lower income 
     households and distressed communities;
       (2) unmet disaster recovery needs, including housing 
     assistance needs, can be especially widespread among persons 
     with extremely low-, low-, and moderate-incomes;
       (3) economic, social, and housing hardships that affect 
     communities before disasters are exacerbated during crises 
     and can delay and complicate long-term recovery, especially 
     after catastrophic major disasters;
       (4) States, units of local government, and Indian Tribes 
     within the most impacted and distressed areas resulting from 
     major disasters benefit from flexibility to design programs 
     that meet local needs, but face inadequate financial, 
     technical, and staffing capacity to plan and carry out 
     sustained recovery, restoration, and mitigation activities;
       (5) the speed and effectiveness considerations of long-term 
     recovery from catastrophic major disasters is improved by 
     predictable investments that support disaster relief, long-
     term recovery, restoration of housing and infrastructure, and 
     economic revitalization, primarily for the benefit of low- 
     and moderate-income persons;
       (6) undertaking activities that mitigate the effects of 
     future natural disasters and extreme weather and increase the 
     stock of affordable housing, including affordable rental 
     housing, as part of long-term recovery can significantly 
     reduce future fiscal and social costs, especially within 
     high-risk areas, and can help to address outstanding housing 
     and community development needs by creating jobs and 
     providing other economic and social benefits within 
     communities that further promote recovery and resilience; and
       (7) the general welfare and security of the United States 
     and the health and living standards of its people require 
     targeted resources to support State and local governments in 
     carrying out their responsibilities in disaster recovery and 
     mitigation through interim and long-term housing and 
     community development activities that primarily benefit low- 
     and moderate-income persons.

     SEC. 6003. DEFINITIONS.

       In this division:
       (1) Department.--The term ``Department'' means the 
     Department of Housing and Urban Development.

[[Page S2863]]

       (2) Fund.--The term ``Fund'' means the Long-Term Disaster 
     Recovery Fund established under section 6005.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.

     SEC. 6004. DUTIES OF THE DEPARTMENT OF HOUSING AND URBAN 
                   DEVELOPMENT.

       (a) In General.--The offices and officers of the Department 
     shall be responsible for--
       (1) leading and coordinating the disaster-related 
     responsibilities of the Department under the National 
     Response Framework, the National Disaster Recovery Framework, 
     and the National Mitigation Framework;
       (2) coordinating and administering programs, policies, and 
     activities of the Department related to disaster relief, 
     long-term recovery, resiliency, and mitigation, including 
     disaster recovery assistance under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
       (3) supporting disaster-impacted communities as those 
     communities specifically assess, plan for, and address the 
     housing stock and housing needs in the transition from 
     emergency shelters and interim housing to permanent housing 
     of those displaced, especially among vulnerable populations 
     and extremely low-, low-, and moderate-income households;
       (4) collaborating with the Federal Emergency Management 
     Agency and the Small Business Administration and across the 
     Department to align disaster-related regulations and 
     policies, including incorporation of consensus-based codes 
     and standards and insurance purchase requirements, and 
     ensuring coordination and reducing duplication among other 
     Federal disaster recovery programs;
       (5) promoting best practices in mitigation and land use 
     planning, including consideration of traditional, natural, 
     and nature-based infrastructure alternatives;
       (6) coordinating technical assistance, including 
     mitigation, resiliency, and recovery training and information 
     on all relevant legal and regulatory requirements, to 
     entities that receive disaster recovery assistance under 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.) that demonstrate capacity 
     constraints; and
       (7) supporting State, Tribal, and local governments in 
     developing, coordinating, and maintaining their capacity for 
     disaster resilience and recovery and developing pre-disaster 
     recovery and hazard mitigation plans, in coordination with 
     the Federal Emergency Management Agency and other Federal 
     agencies.
       (b) Establishment of the Office of Disaster Management and 
     Resiliency.--Section 4 of the Department of Housing and Urban 
     Development Act (42 U.S.C. 3533) is amended by adding at the 
     end the following:
       ``(i) Office of Disaster Management and Resiliency.--
       ``(1) Establishment.--There is established, in the Office 
     of the Secretary, the Office of Disaster Management and 
     Resiliency.
       ``(2) Duties.--The Office of Disaster Management and 
     Resiliency shall--
       ``(A) be responsible for oversight and coordination of all 
     departmental disaster preparedness and response 
     responsibilities; and
       ``(B) coordinate with the Federal Emergency Management 
     Agency, the Small Business Administration, and the Office of 
     Community Planning and Development and other offices of the 
     Department in supporting recovery and resilience activities 
     to provide a comprehensive approach in working with 
     communities.''.

     SEC. 6005. LONG-TERM DISASTER RECOVERY FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States an account to be known as the Long-Term 
     Disaster Recovery Fund.
       (b) Deposits, Transfers, and Credit.--
       (1) In general.--The Fund shall consist of amounts 
     appropriated, transferred, and credited to the Fund.
       (2) Transfers.--The following may be transferred to the 
     Fund:
       (A) Amounts made available through section 106(c)(4) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5306(c)(4)) as a result of actions taken under section 
     104(e), 111, or 123(j) of such Act.
       (B) Any unobligated balances available until expended 
     remaining or subsequently recaptured from amounts 
     appropriated for any disaster and related purposes under the 
     heading ``Community Development Fund'' in any Act prior to 
     the establishment of the Fund.
       (3) Use of transferred amounts.--Amounts transferred to the 
     Fund shall be used for the eligible uses described in 
     subsection (c).
       (c) Eligible Uses of Fund.--
       (1) In general.--Amounts in the Fund shall be available--
       (A) to provide assistance in the form of grants under 
     section 123 of the Housing and Community Development Act of 
     1974, as added by section 6006; and
       (B) for activities of the Department that support the 
     provision of such assistance, including necessary salaries 
     and expenses, information technology, capacity building and 
     technical assistance (including assistance related to pre-
     disaster planning), and readiness and other pre-disaster 
     planning activities that are not readily attributable to a 
     single major disaster.
       (2) Set aside.--Of each amount appropriated for or 
     transferred to the Fund, 2 percent shall be made available 
     for activities described in paragraph (1)(B), which shall be 
     in addition to other amounts made available for those 
     activities.
       (3) Transfer of funds.--Amounts made available for use in 
     accordance with paragraph (2)--
       (A) may be transferred to the account under the heading for 
     ``Program Offices--Community Planning and Development'', or 
     any successor account, for the Department to carry out 
     activities described in paragraph (1)(B); and
       (B) may be used for the activities described in paragraph 
     (1)(B) and for the administrative costs of administering any 
     funds appropriated to the Department under the heading 
     ``Community Planning and Development--Community Development 
     Fund'' for any major disaster declared under section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) in any Act before the 
     establishment of the Fund.
       (d) Interchangeability of Prior Administrative Amounts.--
     Any amounts appropriated in any Act prior to the 
     establishment of the Fund and transferred to the account 
     under the heading ``Program Offices Salaries and Expenses--
     Community Planning and Development'', or any predecessor 
     account, for the Department for the costs of administering 
     funds appropriated to the Department under the heading 
     ``Community Planning and Development--Community Development 
     Fund'' for any major disaster declared under section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) shall be available for the 
     costs of administering any such funds provided by any prior 
     or future Act, notwithstanding the purposes for which those 
     amounts were appropriated and in addition to any amount 
     provided for the same purposes in other appropriations Acts.
       (e) Availability of Amounts.--Amounts appropriated, 
     transferred, and credited to the Fund shall remain available 
     until expended.
       (f) Formula Allocation.--Use of amounts in the Fund for 
     grants shall be made by formula allocation in accordance with 
     the requirements of section 123(a) of the Housing and 
     Community Development Act of 1974, as added by section 6006.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as may be necessary 
     to respond to current or future major disasters declared 
     under section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5179) for grants 
     under section 123 of the Housing and Community Development 
     Act of 1974, as added by section 6006.

     SEC. 6006. ESTABLISHMENT OF CDBG DISASTER RECOVERY PROGRAM.

       Title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.) is amended--
       (1) in section 102(a) (42 U.S.C. 5302(a))--
       (A) in paragraph (20)--
       (i) by redesignating subparagraph (B) as subparagraph (C);
       (ii) in subparagraph (C), as so redesignated, by inserting 
     ``or (B)'' after ``subparagraph (A)''; and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) The term `persons of extremely low income' means 
     families and individuals whose income levels do not exceed 
     household income levels determined by the Secretary under 
     section 3(b)(2) of the United States Housing Act of 1937 (42 
     U.S.C. 1437a(b)(2)(C)), except that the Secretary may provide 
     alternative definitions for the Commonwealth of Puerto Rico, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     United States Virgin Islands, and American Samoa.''; and
       (B) by adding at the end the following:
       ``(25) The term `major disaster' has the meaning given the 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).'';
       (2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
       (A) in subparagraph (A)--
       (i) by striking ``declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act'';
       (ii) inserting ``States for use in nonentitlement areas and 
     to'' before ``metropolitan cities''; and
       (iii) inserting ``major'' after ``affected by the'';
       (B) in subparagraph (C)--
       (i) by striking ``metropolitan city or'' and inserting 
     ``State, metropolitan city, or'';
       (ii) by striking ``city or county'' and inserting ``State, 
     city, or county''; and
       (iii) by inserting ``major'' before ``disaster'';
       (C) in subparagraph (D), by striking ``metropolitan cities 
     and'' and inserting ``States, metropolitan cities, and'';
       (D) in subparagraph (F)--
       (i) by striking ``metropolitan city or'' and inserting 
     ``State, metropolitan city, or''; and
       (ii) by inserting ``major'' before ``disaster''; and
       (E) in subparagraph (G), by striking ``metropolitan city 
     or'' and inserting ``State, metropolitan city, or'';
       (3) in section 122 (42 U.S.C. 5321), by striking ``disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act'' and inserting ``major disaster''; 
     and
       (4) by adding at the end the following:

[[Page S2864]]

  


     ``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER 
                   RECOVERY PROGRAM.

       ``(a) Authorization, Formula, and Allocation.--
       ``(1) Authorization.--The Secretary is authorized to make 
     community development block grant disaster recovery grants 
     from the Long-Term Disaster Recovery Fund established under 
     section 5 of the Reforming Disaster Recovery Act (hereinafter 
     referred to as the `Fund') for necessary expenses for 
     activities authorized under subsection (f)(1) related to 
     disaster relief, long-term recovery, restoration of housing 
     and infrastructure, economic revitalization, and mitigation 
     in the most impacted and distressed areas resulting from a 
     catastrophic major disaster.
       ``(2) Grant awards.--Grants shall be awarded under this 
     section to States, units of general local government, and 
     Indian tribes based on capacity and the concentration of 
     damage, as determined by the Secretary, to support the 
     efficient and effective administration of funds.
       ``(3) Section 106 allocations.--Grants under this section 
     shall not be considered relevant to the formula allocations 
     made pursuant to section 106.
       ``(4) Federal register notice.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of this section, the Secretary shall issue a notice 
     in the Federal Register containing the latest formula 
     allocation methodologies used to determine the total estimate 
     of unmet needs related to housing, economic revitalization, 
     and infrastructure in the most impacted and distressed areas 
     resulting from a catastrophic major disaster.
       ``(B) Public comment.--If the Secretary has not already 
     requested public comment on the formula described in the 
     notice required by subparagraph (A), the Secretary shall 
     solicit public comments on--
       ``(i) the methodologies described in subparagraph (A) and 
     seek alternative methods for formula allocation within a 
     similar total amount of funding;
       ``(ii) the impact of formula methodologies on rural areas 
     and Tribal areas;
       ``(iii) adjustments to improve targeting to the most 
     serious needs;
       ``(iv) objective criteria for grantee capacity and 
     concentration of damage to inform grantee determinations and 
     minimum allocation thresholds; and
       ``(v) research and data to inform an additional amount to 
     be provided for mitigation depending on type of disaster, 
     which shall be not more than 30 percent of the total estimate 
     of unmet needs.
       ``(5) Regulations.--
       ``(A) In general.--The Secretary shall, by regulation, 
     establish a formula to allocate assistance from the Fund to 
     the most impacted and distressed areas resulting from a 
     catastrophic major disaster.
       ``(B) Formula requirements.--The formula established under 
     subparagraph (A) shall--
       ``(i) set forth criteria to determine that a major disaster 
     is catastrophic, which criteria shall consider the presence 
     of a high concentration of damaged housing or businesses that 
     individual, State, Tribal, and local resources could not 
     reasonably be expected to address without additional Federal 
     assistance or other nationally encompassing data that the 
     Secretary determines are adequate to assess relative impact 
     and distress across geographic areas;
       ``(ii) include a methodology for identifying most impacted 
     and distressed areas, which shall consider unmet serious 
     needs related to housing, economic revitalization, and 
     infrastructure;
       ``(iii) include an allocation calculation that considers 
     the unmet serious needs resulting from the catastrophic major 
     disaster and an additional amount up to 30 percent for 
     activities to reduce risks of loss resulting from other 
     natural disasters in the most impacted and distressed area, 
     primarily for the benefit of low- and moderate-income 
     persons, with particular focus on activities that reduce 
     repetitive loss of property and critical infrastructure; and
       ``(iv) establish objective criteria for periodic review and 
     updates to the formula to reflect changes in available 
     science and data.
       ``(C) Minimum allocation threshold.--The Secretary shall, 
     by regulation, establish a minimum allocation threshold.
       ``(D) Interim allocation.--Until such time that the 
     Secretary issues final regulations under this paragraph, the 
     Secretary shall--
       ``(i) allocate assistance from the Fund using the formula 
     allocation methodology published in accordance with paragraph 
     (4); and
       ``(ii) include an additional amount for mitigation equal to 
     15 percent of the total estimate of unmet need.
       ``(6) Allocation of funds.--
       ``(A) In general.--The Secretary shall--
       ``(i) except as provided in clause (ii), not later than 90 
     days after the President declares a major disaster, use best 
     available data to determine whether the major disaster is 
     catastrophic and qualifies for assistance under the formula 
     described in paragraph (4) or (5), unless data is 
     insufficient to make this determination; and
       ``(ii) if the best available data is insufficient to make 
     the determination required under clause (i) within the 90-day 
     period described in that clause, the Secretary shall 
     determine whether the major disaster qualifies when 
     sufficient data becomes available, but in no case shall the 
     Secretary make the determination later than 120 days after 
     the declaration of the major disaster.
       ``(B) Announcement of allocation.--If amounts are available 
     in the Fund at the time the Secretary determines that the 
     major disaster is catastrophic and qualifies for assistance 
     under the formula described in paragraph (4) or (5), the 
     Secretary shall immediately announce an allocation for a 
     grant under this section.
       ``(C) Additional amounts.--If additional amounts are 
     appropriated to the Fund after amounts are allocated under 
     subparagraph (B), the Secretary shall announce an allocation 
     or additional allocation (if a prior allocation under 
     subparagraph (B) was less than the formula calculation) 
     within 15 days of any such appropriation.
       ``(7) Preliminary funding.--
       ``(A) In general.--To speed recovery, the Secretary is 
     authorized to allocate and award preliminary grants from the 
     Fund before making a determination under paragraph (6)(A) if 
     the Secretary projects, based on a preliminary assessment of 
     impact and distress, that a major disaster is catastrophic 
     and would likely qualify for funding under the formula 
     described in paragraph (4) or (5).
       ``(B) Amount.--
       ``(i) Maximum.--The Secretary may award preliminary funding 
     under subparagraph (A) in an amount that is not more than 
     $5,000,000.
       ``(ii) Sliding scale.--The Secretary shall, by regulation, 
     establish a sliding scale for preliminary funding awarded 
     under subparagraph (A) based on the size of the preliminary 
     assessment of impact and distress.
       ``(C) Use of funds.--The uses of preliminary funding 
     awarded under subparagraph (A) shall be limited to eligible 
     activities that--
       ``(i) in the determination of the Secretary, will support 
     faster recovery, improve the ability of the grantee to assess 
     unmet recovery needs, plan for the prevention of improper 
     payments, and reduce fraud, waste, and abuse; and
       ``(ii) may include evaluating the interim housing, 
     permanent housing, and supportive service needs of the 
     disaster impacted community, with special attention to 
     vulnerable populations, such as homeless and low- to 
     moderate-income households, to inform the grantee action plan 
     required under subsection (c).
       ``(D) Consideration of funding.--Preliminary funding 
     awarded under subparagraph (A)--
       ``(i) is not subject to the certification requirements of 
     subsection (h)(1); and
       ``(ii) shall not be considered when calculating the amount 
     of the grant used for administrative costs, technical 
     assistance, and planning activities that are subject to the 
     requirements under subsection (f)(2).
       ``(E) Waiver.--To expedite the use of preliminary funding 
     for activities described in this paragraph, the Secretary may 
     waive or specify alternative requirements to the requirements 
     of this section in accordance with subsection (i).
       ``(F) Amended award.--
       ``(i) In general.--An award for preliminary funding under 
     subparagraph (A) may be amended to add any subsequent amount 
     awarded because of a determination by the Secretary that a 
     major disaster is catastrophic and qualifies for assistance 
     under the formula.
       ``(ii) Applicability.--Notwithstanding subparagraph (D), 
     amounts provided by an amendment under clause (i) are subject 
     to the requirements under subsections (f)(1) and (h)(1) and 
     other requirements on grant funds under this section.
       ``(G) Technical assistance.--Concurrent with the allocation 
     of any preliminary funding awarded under this paragraph, the 
     Secretary shall assign or provide technical assistance to the 
     recipient of the grant.
       ``(b) Interchangeability.--
       ``(1) In general.--The Secretary is authorized to approve 
     the use of grants under this section to be used 
     interchangeably and without limitation for the same 
     activities in the most impacted and distressed areas 
     resulting from a declaration of another catastrophic major 
     disaster that qualifies for assistance under the formula 
     established under paragraph (4) or (5) of subsection (a) or a 
     major disaster for which the Secretary allocated funds made 
     available under the heading `Community Development Fund' in 
     any Act prior to the establishment of the Fund.
       ``(2) Requirements.--The Secretary shall establish 
     requirements to expedite the use of grants under this section 
     for the purpose described in paragraph (1).
       ``(3) Emergency designation.--Amounts repurposed pursuant 
     to this subsection that were previously designated by 
     Congress as an emergency requirement pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985 or a 
     concurrent resolution on the budget are designated by 
     Congress as an emergency requirement pursuant to section 
     4001(a)(1) of S. Con. Res. 14 (117th Congress) and 
     legislation establishing fiscal year 2024 budget enforcement 
     in the House of Representatives.
       ``(c) Grantee Plans.--
       ``(1) Requirement.--Not later than 90 days after the date 
     on which the Secretary announces a grant allocation under 
     this section, unless an extension is granted by the 
     Secretary, the grantee shall submit to the Secretary a plan 
     for approval describing--
       ``(A) the activities the grantee will carry out with the 
     grant under this section;

[[Page S2865]]

       ``(B) the criteria of the grantee for awarding assistance 
     and selecting activities;
       ``(C) how the use of the grant under this section will 
     address disaster relief, long-term recovery, restoration of 
     housing and infrastructure, economic revitalization, and 
     mitigation in the most impacted and distressed areas;
       ``(D) how the use of the grant funds for mitigation is 
     consistent with hazard mitigation plans submitted to the 
     Federal Emergency Management Agency under section 322 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5165);
       ``(E) the estimated amount proposed to be used for 
     activities that will benefit persons of low and moderate 
     income;
       ``(F) how the use of grant funds will repair and replace 
     existing housing stock for vulnerable populations, including 
     low- to moderate-income households;
       ``(G) how the grantee will address the priorities described 
     in paragraph (5);
       ``(H) how uses of funds are proportional to unmet needs, as 
     required under paragraph (6);
       ``(I) for State grantees that plan to distribute grant 
     amounts to units of general local government, a description 
     of the method of distribution; and
       ``(J) such other information as may be determined by the 
     Secretary in regulation.
       ``(2) Public consultation.--To permit public examination 
     and appraisal of the plan described in paragraph (1), to 
     enhance the public accountability of grantee, and to 
     facilitate coordination of activities with different levels 
     of government, when developing the plan or substantial 
     amendments proposed to the plan required under paragraph (1), 
     a grantee shall--
       ``(A) publish the plan before adoption;
       ``(B) provide citizens, affected units of general local 
     government, and other interested parties with reasonable 
     notice of, and opportunity to comment on, the plan, with a 
     public comment period of not less than 14 days;
       ``(C) consider comments received before submission to the 
     Secretary;
       ``(D) follow a citizen participation plan for disaster 
     assistance adopted by the grantee that, at a minimum, 
     provides for participation of residents of the most impacted 
     and distressed area affected by the major disaster that 
     resulted in the grant under this section and other 
     considerations established by the Secretary; and
       ``(E) undertake any consultation with interested parties as 
     may be determined by the Secretary in regulation.
       ``(3) Approval.--The Secretary shall--
       ``(A) by regulation, specify criteria for the approval, 
     partial approval, or disapproval of a plan submitted under 
     paragraph (1), including approval of substantial amendments 
     to the plan;
       ``(B) review a plan submitted under paragraph (1) upon 
     receipt of the plan;
       ``(C) allow a grantee to revise and resubmit a plan or 
     substantial amendment to a plan under paragraph (1) that the 
     Secretary disapproves;
       ``(D) by regulation, specify criteria for when the grantee 
     shall be required to provide the required revisions to a 
     disapproved plan or substantial amendment under paragraph (1) 
     for public comment prior to resubmission of the plan or 
     substantial amendment to the Secretary; and
       ``(E) approve, partially approve, or disapprove a plan or 
     substantial amendment under paragraph (1) not later than 60 
     days after the date on which the plan or substantial 
     amendment is received by the Secretary.
       ``(4) Low- and moderate-income overall benefit.--
       ``(A) Use of funds.--Not less than 70 percent of a grant 
     made under this section shall be used for activities that 
     benefit persons of low and moderate income unless the 
     Secretary--
       ``(i) specifically finds that--

       ``(I) there is compelling need to reduce the percentage for 
     the grant; and
       ``(II) the housing needs of low- and moderate-income 
     persons have been addressed; and

       ``(ii) issues a waiver and alternative requirement specific 
     to the grant pursuant to subsection (i) to lower the 
     percentage.
       ``(B) Regulations.--The Secretary shall, by regulation, 
     establish protocols consistent with the findings of section 
     6002 of the Reforming Disaster Recovery Act to prioritize the 
     use of funds by a grantee under this section to meet the 
     needs of low- and moderate-income persons and businesses 
     serving primarily persons of low and moderate income.
       ``(5) Prioritization.--The grantee shall prioritize 
     activities that--
       ``(A) assist persons with extremely low-, low-, and 
     moderate-incomes and other vulnerable populations to better 
     recover from and withstand future disasters, emphasizing 
     those with the most severe needs;
       ``(B) address affordable housing, including affordable 
     rental housing, needs arising from a disaster, or those needs 
     present prior to a disaster;
       ``(C) prolong the life of housing and infrastructure;
       ``(D) use cost-effective means of preventing harm to people 
     and property and incorporate protective features, 
     redundancies, and energy savings; and
       ``(E) other measures that will assure the continuation of 
     critical services during future disasters.
       ``(6) Proportional allocation.--
       ``(A) In general.--A grantee under this section shall 
     allocate grant funds proportional to unmet needs between 
     housing activities, economic revitalization, and 
     infrastructure, unless the Secretary--
       ``(i) specifically finds that--

       ``(I) there is a compelling need for a disproportional 
     allocation among those unmet needs; and
       ``(II) the disproportional allocation described in 
     subclause (I) is not inconsistent with the requirements under 
     paragraph (4); and

       ``(ii) issues a waiver and alternative requirement pursuant 
     to subsection (i) to allow for the disproportional allocation 
     described in clause (i)(I).
       ``(B) Housing activities.--With respect to housing 
     activities described in subparagraph (A)(i), grantees should 
     address proportional needs between homeowners and renters, 
     including low-income households in public housing and 
     Federally subsidized housing.
       ``(7) Disaster risk mitigation.--
       ``(A) Definition.--In this paragraph, the term `hazard-
     prone areas'--
       ``(i) means areas identified by the Secretary, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, at risk from natural hazards that threaten 
     property damage or health, safety, and welfare, such as 
     floods, wildfires (including Wildland-Urban Interface areas), 
     earthquakes, lava inundation, tornados, and high winds; and
       ``(ii) includes areas having special flood hazards as 
     identified under the Flood Disaster Protection Act of 1973 
     (42 U.S.C. 4002 et seq.) or the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4001 et seq.).
       ``(B) Hazard-prone areas.--The Secretary, in consultation 
     with the Administrator of the Federal Emergency Management 
     Agency, shall establish minimum construction standards, 
     insurance purchase requirements, and other requirements for 
     the use of grant funds in hazard-prone areas.
       ``(C) Special flood hazards.--
       ``(i) In general.--For the areas described in subparagraph 
     (A)(ii), the insurance purchase requirements established 
     under subparagraph (B) shall meet or exceed the requirements 
     under section 102(a) of the Flood Disaster Protection Act of 
     1973(42 U.S.C. 4012a(a)).
       ``(ii) Treatment as financial assistance.--All grants under 
     this section shall be treated as financial assistance for 
     purposes of section 3(a)(3) of the Flood Disaster Protection 
     Act of 1973 (42 U.S.C. 4003(a)(3)).
       ``(D) Consideration of future risks.--The Secretary may 
     consider future risks to protecting property and health, 
     safety, and general welfare, and the likelihood of those 
     risks, when making the determination of or modification to 
     hazard-prone areas under this paragraph.
       ``(8) Relocation.--
       ``(A) In general.--The Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
     4601 et seq.) shall apply to activities assisted under this 
     section to the extent determined by the Secretary in 
     regulation, or as provided in waivers or alternative 
     requirements authorized in accordance with subsection (i).
       ``(B) Policy.--Each grantee under this section shall 
     establish a relocation assistance policy that--
       ``(i) minimizes displacement and describes the benefits 
     available to persons displaced as a direct result of 
     acquisition, rehabilitation, or demolition in connection with 
     an activity that is assisted by a grant under this section; 
     and
       ``(ii) includes any appeal rights or other requirements 
     that the Secretary establishes by regulation.
       ``(d) Certifications.--Any grant under this section shall 
     be made only if the grantee certifies to the satisfaction of 
     the Secretary that--
       ``(1) the grantee is in full compliance with the 
     requirements under subsection (c)(2);
       ``(2) for grants other than grants to Indian tribes, the 
     grant will be conducted and administered in conformity with 
     the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and 
     the Fair Housing Act (42 U.S.C. 3601 et seq.);
       ``(3) the projected use of funds has been developed so as 
     to give maximum feasible priority to activities that will 
     benefit extremely low-, low-, and moderate-income families 
     and activities described in subsection (c)(5), and may also 
     include activities that are designed to aid in the prevention 
     or elimination of slum and blight to support disaster 
     recovery, meet other community development needs having a 
     particular urgency because existing conditions pose a serious 
     and immediate threat to the health or welfare of the 
     community where other financial resources are not available 
     to meet such needs, and alleviate future threats to human 
     populations, critical natural resources, and property that an 
     analysis of hazards shows are likely to result from natural 
     disasters in the future;
       ``(4) the grant funds shall principally benefit persons of 
     low and moderate income as described in subsection (c)(4);
       ``(5) for grants other than grants to Indian Tribes, within 
     24 months of receiving a grant or at the time of its 3 or 5-
     year update, whichever is sooner, the grantee will review and 
     make modifications to its non-disaster housing and community 
     development plans and strategies required by subsections (c) 
     and (m) of section 104 to reflect the disaster recovery needs 
     identified by the grantee and consistency with the plan under 
     subsection (c)(1);

[[Page S2866]]

       ``(6) the grantee will not attempt to recover any capital 
     costs of public improvements assisted in whole or part under 
     this section by assessing any amount against properties owned 
     and occupied by persons of low and moderate income, including 
     any fee charged or assessment made as a condition of 
     obtaining access to such public improvements, unless--
       ``(A) funds received under this section are used to pay the 
     proportion of such fee or assessment that relates to the 
     capital costs of such public improvements that are financed 
     from revenue sources other than under this chapter; or
       ``(B) for purposes of assessing any amount against 
     properties owned and occupied by persons of moderate income, 
     the grantee certifies to the Secretary that the grantee lacks 
     sufficient funds received under this section to comply with 
     the requirements of subparagraph (A);
       ``(7) the grantee will comply with the other provisions of 
     this title that apply to assistance under this section and 
     with other applicable laws;
       ``(8) the grantee will follow a relocation assistance 
     policy that includes any minimum requirements identified by 
     the Secretary; and
       ``(9) the grantee will adhere to construction standards, 
     insurance purchase requirements, and other requirements for 
     development in hazard-prone areas described in subsection 
     (c)(7).
       ``(e) Performance Reviews and Reporting.--
       ``(1) In general.--The Secretary shall, on not less 
     frequently than an annual basis, make such reviews and audits 
     as may be necessary or appropriate to determine whether a 
     grantee under this section has--
       ``(A) carried out activities using grant funds in a timely 
     manner;
       ``(B) met the performance targets established by paragraph 
     (2);
       ``(C) carried out activities using grant funds in 
     accordance with the requirements of this section, the other 
     provisions of this title that apply to assistance under this 
     section, and other applicable laws; and
       ``(D) a continuing capacity to carry out activities in a 
     timely manner.
       ``(2) Performance targets.--The Secretary shall develop and 
     make publicly available critical performance targets for 
     review, which shall include spending thresholds for each year 
     from the date on which funds are obligated by the Secretary 
     to the grantee until such time all funds have been expended.
       ``(3) Failure to meet targets.--
       ``(A) Suspension.--If a grantee under this section fails to 
     meet 1 or more critical performance targets under paragraph 
     (2), the Secretary may temporarily suspend the grant.
       ``(B) Performance improvement plan.--If the Secretary 
     suspends a grant under subparagraph (A), the Secretary shall 
     provide to the grantee a performance improvement plan with 
     the specific requirements needed to lift the suspension 
     within a defined time period.
       ``(C) Report.--If a grantee fails to meet the spending 
     thresholds established under paragraph (2), the grantee shall 
     submit to the Secretary, the appropriate committees of 
     Congress, and each member of Congress who represents a 
     district or State of the grantee a written report identifying 
     technical capacity, funding, or other Federal or State 
     impediments affecting the ability of the grantee to meet the 
     spending thresholds.
       ``(4) Collection of information and reporting.--
       ``(A) Requirement to report.--A grantee under this section 
     shall provide to the Secretary such information as the 
     Secretary may determine necessary for adequate oversight of 
     the grant program under this section.
       ``(B) Public availability.--Subject to subparagraph (D), 
     the Secretary shall make information submitted under 
     subparagraph (A) available to the public and to the Inspector 
     General for the Department of Housing and Urban Development, 
     disaggregated by activity, income, geography, and all classes 
     of individuals protected under section 109 and the Fair 
     Housing Act.
       ``(C) Summary status reports.--To increase transparency and 
     accountability of the grant program under this section the 
     Secretary shall, on not less frequently than an annual basis, 
     post on a public facing dashboard summary status reports for 
     all active grants under this section that includes--
       ``(i) the status of funds by activity;
       ``(ii) the percentages of funds allocated and expended to 
     benefit low- and moderate-income communities;
       ``(iii) performance targets, spending thresholds, and 
     accomplishments; and
       ``(iv) other information the Secretary determines to be 
     relevant for transparency.
       ``(D) Considerations.--In carrying out this paragraph, the 
     Secretary--
       ``(i) shall take such actions as may be necessary to ensure 
     that personally identifiable information regarding applicants 
     for assistance provided from funds made available under this 
     section is not made publicly available; and
       ``(ii) may make full and unredacted information available 
     to academic institutions for the purpose of researching into 
     the equitable distribution of recovery funds and adherence to 
     civil rights protections.
       ``(f) Eligible Activities.--
       ``(1) In general.--Activities assisted under this section--
       ``(A) may include activities permitted under section 105 or 
     other activities permitted by the Secretary by waiver or 
     alternative requirement pursuant to subsection (i); and
       ``(B) shall be related to disaster relief, long-term 
     recovery, restoration of housing and infrastructure, economic 
     revitalization, and mitigation in the most impacted and 
     distressed areas resulting from the major disaster for which 
     the grant was awarded.
       ``(2) Prohibition.--Grant funds under this section may not 
     be used for costs reimbursable by, or for which funds have 
     been made available by, the Federal Emergency Management 
     Agency, or the United States Army Corps of Engineers.
       ``(3) Administrative costs, technical assistance and 
     planning.--
       ``(A) In general.--The Secretary shall establish in 
     regulation the maximum grant amounts a grantee may use for 
     administrative costs, technical assistance and planning 
     activities, taking into consideration size of grant, 
     complexity of recovery, and other factors as determined by 
     the Secretary, but not to exceed 10 percent for 
     administration and 20 percent in total.
       ``(B) Availability.--Amounts available for administrative 
     costs for a grant under this section shall be available for 
     eligible administrative costs of the grantee for any grant 
     made under this section, without regard to a particular 
     disaster.
       ``(4) Program income.--Notwithstanding any other provision 
     of law, any grantee under this section may retain program 
     income that is realized from grants made by the Secretary 
     under this section if the grantee agrees that the grantee 
     will utilize the program income in accordance with the 
     requirements for grants under this section, except that the 
     Secretary may--
       ``(A) by regulation, exclude from consideration as program 
     income any amounts determined to be so small that compliance 
     with this paragraph creates an unreasonable administrative 
     burden on the grantee; or
       ``(B) permit the grantee to transfer remaining program 
     income to the other grants of the grantee under this title 
     upon closeout of the grant.
       ``(5) Prohibition on use of assistance for employment 
     relocation activities.--
       ``(A) In general.--Grants under this section may not be 
     used to assist directly in the relocation of any industrial 
     or commercial plant, facility, or operation, from one area to 
     another area, if the relocation is likely to result in a 
     significant loss of employment in the labor market area from 
     which the relocation occurs.
       ``(B) Applicability.--The prohibition under subparagraph 
     (A) shall not apply to a business that was operating in the 
     disaster-declared labor market area before the incident date 
     of the applicable disaster and has since moved, in whole or 
     in part, from the affected area to another State or to a 
     labor market area within the same State to continue business.
       ``(6) Requirements.--Grants under this section are subject 
     to the requirements of this section, the other provisions of 
     this title that apply to assistance under this section, and 
     other applicable laws, unless modified by waivers or 
     alternative requirements in accordance with subsection (i).
       ``(g) Environmental Review.--
       ``(1) Adoption.--A recipient of funds provided under this 
     section that uses the funds to supplement Federal assistance 
     provided under section 203, 402, 403, 404, 406, 407, 
     408(c)(4), 428, or 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 
     5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, 
     without review or public comment, any environmental review, 
     approval, or permit performed by a Federal agency, and that 
     adoption shall satisfy the responsibilities of the recipient 
     with respect to the environmental review, approval, or permit 
     under section 104(g)(1).
       ``(2) Approval of release of funds.--Notwithstanding 
     section 104(g)(2), the Secretary or a State may, upon receipt 
     of a request for release of funds and certification, 
     immediately approve the release of funds for an activity or 
     project to be assisted under this section if the recipient 
     has adopted an environmental review, approval, or permit 
     under paragraph (1) or the activity or project is 
     categorically excluded from review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(3) Units of general local government.--The provisions of 
     section 104(g)(4) shall apply to assistance under this 
     section that a State distributes to a unit of general local 
     government.
       ``(h) Financial Controls and Procedures.--
       ``(1) In general.--The Secretary shall develop requirements 
     and procedures to demonstrate that a grantee under this 
     section--
       ``(A) has adequate financial controls and procurement 
     processes;
       ``(B) has adequate procedures to detect and prevent fraud, 
     waste, abuse and duplication of benefit; and
       ``(C) maintains a comprehensive and publicly accessible 
     website.
       ``(2) Certification.--Before making a grant under this 
     section, the Secretary shall certify that the grantee has in 
     place proficient processes and procedures to comply with the 
     requirements developed under paragraph (1), as determined by 
     the Secretary.
       ``(3) Compliance before allocation.--The Secretary may 
     permit a State, unit of general local government, or Indian 
     tribe to

[[Page S2867]]

     demonstrate compliance with the requirements for adequate 
     financial controls developed under paragraph (1) before a 
     disaster occurs and before receiving an allocation for a 
     grant under this section.
       ``(4) Duplication of benefits.--
       ``(A) In general.--Funds made available under this section 
     shall be used in accordance with section 312 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5155), as amended by section 1210 of the Disaster 
     Recovery Reform Act of 2018 (division D of Public Law 115-
     254), and such rules as may be prescribed under such section 
     312.
       ``(B) Penalties.--In any case in which the use of grant 
     funds under this section results in a prohibited duplication 
     of benefits, the grantee shall--
       ``(i) apply an amount equal to the identified duplication 
     to any allowable costs of the award consistent with actual, 
     immediate cash requirement;
       ``(ii) remit any excess amounts to the Secretary to be 
     credited to the obligated, undisbursed balance of the grant 
     consistent with requirements on Federal payments applicable 
     to such grantee; and
       ``(iii) if excess amounts under clause (ii) are identified 
     after the period of performance or after the closeout of the 
     award, remit such amounts to the Secretary to be credited to 
     the Fund.
       ``(C) Failure to comply.--Any grantee provided funds under 
     this section or from prior Appropriations Acts under the 
     heading `Community Development Fund' for purposes related to 
     major disasters that fails to comply with section 312 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5155) or fails to satisfy penalties to resolve 
     a duplication of benefits shall be subject to remedies for 
     noncompliance under section 111, unless the Secretary 
     publishes a determination in the Federal Register that it is 
     not in the best interest of the Federal Government to pursue 
     remedial actions.
       ``(i) Waivers.--
       ``(1) In general.--In administering grants under this 
     section, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or the use by the grantee of 
     those funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, the environment, and the 
     requirements of this section that do not expressly authorize 
     modifications by waiver or alternative requirement), if the 
     Secretary makes a public finding that good cause exists for 
     the waiver or alternative requirement and the waiver or 
     alternative requirement would not be inconsistent with the 
     findings in section 6002 of the Reforming Disaster Recovery 
     Act.
       ``(2) Effective date.--A waiver or alternative requirement 
     described in paragraph (1) shall not take effect before the 
     date that is 5 days after the date of publication of the 
     waiver or alternative requirement on the website of the 
     Department of Housing and Urban Development or the effective 
     date for any regulation published in the Federal Register.
       ``(3) Public notification.--The Secretary shall notify the 
     public of all waivers or alternative requirements described 
     in paragraph (1) in accordance with the requirements of 
     section 7(q)(3) of the Department of Housing and Urban 
     Development Act (42 U.S.C. 3535(q)(3)).
       ``(j) Unused Amounts.--
       ``(1) Deadline to use amounts.--A grantee under this 
     section shall use an amount equal to the grant within 6 years 
     beginning on the date on which the Secretary obligates the 
     amounts to the grantee, as such period may be extended under 
     paragraph (4).
       ``(2) Recapture.--The Secretary shall recapture and credit 
     to the Fund any amount that is unused by a grantee under this 
     section upon the earlier of--
       ``(A) the date on which the grantee notifies the Secretary 
     that the grantee has completed all activities identified in 
     the disaster grantee's plan under subsection (c); or
       ``(B) the expiration of the 6-year period described in 
     paragraph (1), as such period may be extended under paragraph 
     (4).
       ``(3) Retention of funds.--Notwithstanding paragraph (1), 
     the Secretary may allow a grantee under this section to 
     retain--
       ``(A) amounts needed to close out grants; and
       ``(B) up to 10 percent of the remaining funds to support 
     maintenance of the minimal capacity to launch a new program 
     in the event of a future disaster and to support pre-disaster 
     long-term recovery and mitigation planning.
       ``(4) Extension of period for use of funds.--The Secretary 
     may extend the 6-year period described in paragraph (1) by 
     not more than 4 years, or not more than 6 years for 
     mitigation activities, if--
       ``(A) the grantee submits to the Secretary--
       ``(i) written documentation of the exigent circumstances 
     impacting the ability of the grantee to expend funds that 
     could not be anticipated; or
       ``(ii) a justification that such request is necessary due 
     to the nature and complexity of the program and projects; and
       ``(B) the Secretary submits a written justification for the 
     extension to the Committees on Appropriations of Senate and 
     the House of Representatives that specifies the period of 
     that extension.''.

     SEC. 6007. REGULATIONS.

       (a) Proposed Rules.--Following consultation with the 
     Federal Emergency Management Agency, the Small Business 
     Administration, and other Federal agencies, not later than 6 
     months after the date of enactment of this Act, the Secretary 
     shall issue proposed rules to carry out this division and the 
     amendments made by this division and shall provide a 90-day 
     period for submission of public comments on those proposed 
     rules.
       (b) Final Rules.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue final 
     regulations to carry out section 123 of the Housing and 
     Community Development Act of 1974, as added by section 6006.

     SEC. 6008. COORDINATION OF DISASTER RECOVERY ASSISTANCE, 
                   BENEFITS, AND DATA WITH OTHER FEDERAL AGENCIES.

       (a) Coordination of Disaster Recovery Assistance.--In order 
     to ensure a comprehensive approach to Federal disaster 
     relief, long-term recovery, restoration of housing and 
     infrastructure, economic revitalization, and mitigation in 
     the most impacted and distressed areas resulting from a 
     catastrophic major disaster, the Secretary shall coordinate 
     with the Federal Emergency Management Agency, to the greatest 
     extent practicable, in the implementation of assistance 
     authorized under section 123 of the Housing and Community 
     Development Act of 1974, as added by section 6006.
       (b) Data Sharing Agreements.--To support the coordination 
     of data to prevent duplication of benefits with other Federal 
     disaster recovery programs while also expediting recovery and 
     reducing burden on disaster survivors, the Department shall 
     establish data sharing agreements that safeguard privacy with 
     relevant Federal agencies to ensure disaster benefits 
     effectively and efficiently reach intended beneficiaries, 
     while using effective means of preventing harm to people and 
     property.
       (c) Data Transfer From FEMA and SBA to HUD.--As permitted 
     and deemed necessary for efficient program execution, and 
     consistent with a computer matching agreement entered into 
     under subsection (f)(1), the Administrator of the Federal 
     Emergency Management Agency and the Administrator of the 
     Small Business Administration shall provide data on disaster 
     applicants to the Department, including, when necessary, 
     personally identifiable information, disaster recovery needs, 
     and resources determined eligible for, and amounts expended, 
     to the Secretary for all major disasters declared by the 
     President pursuant to section 401 of Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     for the purpose of providing additional assistance to 
     disaster survivors and prevent duplication of benefits.
       (d) Data Transfers From HUD to HUD Grantees.--The Secretary 
     is authorized to provide to grantees under section 123 of the 
     Housing and Community Development Act of 1974, as added by 
     section 6006, offices of the Department, technical assistance 
     providers, and lenders information that in the determination 
     of the Secretary is reasonably available and appropriate to 
     inform the provision of assistance after a major disaster, 
     including information provided to the Secretary by the 
     Administrator of the Federal Emergency Management Agency, the 
     Administrator of the Small Business Administration, or other 
     Federal agencies.
       (e) Data Transfers From Hud Grantees to HUD, FEMA, and 
     SBA.--
       (1) Reporting.--Grantees under section 123 of the Housing 
     and Community Development Act of 1974, as added by section 
     6006, shall report information requested by the Secretary on 
     households, businesses, and other entities assisted and the 
     type of assistance provided.
       (2) Sharing information.--The Secretary shall share 
     information collected under paragraph (1) with the Federal 
     Emergency Management Agency, the Small Business 
     Administration, and other Federal agencies to support the 
     planning and delivery of disaster recovery and mitigation 
     assistance and other related purposes.
       (f) Privacy Protection.--The Secretary may make and receive 
     data transfers authorized under this section, including the 
     use and retention of that data for computer matching 
     programs, to inform the provision of assistance, assess 
     disaster recovery needs, and prevent the duplication of 
     benefits and other waste, fraud, and abuse, provided that--
       (1) the Secretary enters an information sharing agreement 
     or a computer matching agreement, when required by section 
     522a of title 5, United States Code (commonly known as the 
     ``Privacy Act of 1974''), with the Administrator of the 
     Federal Emergency Management Agency, the Administrator of the 
     Small Business Administration, or other Federal agencies 
     covering the transfer of data;
       (2) the Secretary publishes intent to disclose data in the 
     Federal Register;
       (3) notwithstanding paragraphs (1) and (2), section 552a of 
     title 5, United States Code, or any other law, the Secretary 
     is authorized to share data with an entity identified in 
     subsection (d), and the entity is authorized to use the data 
     as described in this section, if the Secretary enters a data 
     sharing agreement with the entity before sharing or receiving 
     any information under transfers authorized by this section, 
     which data sharing agreement shall--
       (A) in the determination of the Secretary, include measures 
     adequate to safeguard the privacy and personally identifiable 
     information of individuals; and

[[Page S2868]]

       (B) include provisions that describe how the personally 
     identifiable information of an individual will be adequately 
     safeguarded and protected, which requires consultation with 
     the Secretary and the head of each Federal agency the data of 
     which is being shared subject to the agreement.
                                 ______
                                 
  SA 754. 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 appropriate place in title X, insert the following:

     SEC. __. EXTENSION OF ACTIVE DUTY TERM FOR ATTENDING 
                   PHYSICIAN AT UNITED STATES CAPITOL.

       The present incumbent Attending Physician at the United 
     States Capitol shall be continued on active duty until 10 
     years after the date of the enactment of this Act.
                                 ______
                                 
  SA 755. Mr. BROWN (for himself and Mr. Cotton) 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__. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS 
                   OR THREATS.

       (a) Authorities.--Upon approval by the Secretary of Defense 
     of a determination described in subsection (b), the Secretary 
     of a military department may use the rapid acquisition and 
     funding authorities established pursuant to section 3601 of 
     title 10, United States Code, to initiate new start 
     development activities, up to a preliminary design review 
     level of maturity, in order to--
       (1) leverage an emergent technological advancement of value 
     to the national defense; or
       (2) provide a rapid response to an emerging threat.
       (b) Determination.--A determination described in this 
     subsection is a determination by the Secretary of a military 
     department submitted in writing to the Secretary of Defense 
     that provides the following:
       (1) There is a compelling national security need to 
     immediately initiate development activity up to a preliminary 
     design review level of maturity, in order to leverage an 
     emergent technological advancement or provide a rapid 
     response to an emerging threat.
       (2) The effort cannot be delayed until the next submission 
     of the budget of the President (under section 1105(a) of 
     title 31, United States Code) without harming the national 
     defense.
       (3) Funding is identified for the effort in the current 
     fiscal year.
       (c) Additional Procedures.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     amend the procedures for the rapid acquisition and deployment 
     of capabilities needed in response to urgent operational 
     needs prescribed pursuant to such section 3601 to carry out 
     this section.
       (2) Requirements to be included.--The procedures amended 
     under paragraph (1) shall include the following requirements:
       (A) Funding.--(i) Subject to clause (ii), in any fiscal 
     year in which a determination described in subsection (b) is 
     made, the Secretary of the military department making the 
     determination may initiate the activities authorized under 
     subsection (a) using any funds available to the Secretary for 
     procurement or research, development, test, and evaluation 
     for such fiscal year.
       (ii) The total cost of all developmental activities within 
     the Department of Defense, funded under this section, may not 
     exceed $300,000,000 for any fiscal year.
       (B) Waiver authority.--(i) Subject to clause (ii), the 
     Secretary of the military department making a determination 
     under subsection (b) may issue a waiver under subsection (d) 
     of such section 3601.
       (ii) Chapter 221 of title 10, United States Code, may not 
     be waived pursuant to clause (i).
       (C) Transition.--Any acquisition initiated under subsection 
     (a) shall transition to an acquisition pathway after 
     completion and approval of a preliminary design review or its 
     functional equivalent.
       (d) Congressional Notification.--Within 15 days after the 
     Secretary of Defense approves a determination described in 
     subsection (b), the Secretary of the military department 
     making the determination shall provide written notification 
     of such determination to the congressional defense committees 
     following the procedures for notification in subsections 
     (c)(4)(D) and (c)(4)(F) of such section 3601. A notice under 
     this subsection shall be sufficient to fulfill any 
     requirement to provide notification to Congress for a new 
     start program.
                                 ______
                                 
  SA 756. Mr. BROWN 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 XV, add the following:

     SEC. 15__. USE OF FUNDS FOR UPGRADES TO NATIONAL AERONAUTICS 
                   AND SPACE ADMINISTRATION'S NEIL A. ARMSTRONG 
                   TEST FACILITY.

       Of the amounts authorized to be appropriated for fiscal 
     year 2024 for the Department of Defense by this Act [for 
     research, development, test, and evaluation, and available 
     for ___________ as specified in the table in section 4201], 
     $50,000,000 shall be made available for upgrades to the space 
     testing facilities at the National Aeronautics and Space 
     Administration's Neil A. Armstrong Test Facility necessary to 
     allow the Department to access and fully use the Neil A. 
     Armstrong Test Facility's world-class space, aeronautics, and 
     hypersonic test facilities.
                                 ______
                                 
  SA 757. Mr. BROWN 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. MODIFICATION OF AUTHORITY FOR INTERGOVERNMENTAL 
                   SUPPORT AGREEMENTS.

       Section 2679 of title 10, United States Code is amended--
       (1) in subsection (a)(2)(A) by inserting before the 
     semicolon the following: ``, except as authorized under 
     subsection (f)'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Extension of Term.--(1) Subject to paragraphs (2) and 
     (3), the Secretary concerned may enter into an 
     intergovernmental support agreement under subsection (a)(1) 
     with a term greater than ten years but not to exceed 20 
     years.
       ``(2) Not more than five intergovernmental support 
     agreements may be entered into under this subsection for each 
     military department during a fiscal year.
       ``(3) Scoring by the Congressional Budget Office associated 
     with an intergovernmental support agreement entered into 
     under this subsection shall be limited to first year payment 
     plus termination liability, if any, utilizing the requirement 
     that--
       ``(A) obligations of the United States to make payments 
     under the agreement in any fiscal year is subject to 
     appropriations being provided for that fiscal year; and
       ``(B) any commitment made under the authority of this 
     subsection does not constitute an obligation of the United 
     States.''.
                                 ______
                                 
  SA 758. Mr. BROWN 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. ___. SENSE OF CONGRESS ON MAINTAINING INPATIENT MILITARY 
                   MEDICAL TREATMENT FACILITIES.

       It is the sense of the Congress that--
       (1) inpatient military medical treatment facilities are 
     critical components of the military health system and are 
     necessary to develop and maintain a medically ready military 
     that can be deployed on short notice on an operational 
     mission;
       (2) inpatient military medical treatment facilities are 
     required to develop and retain the skilled medical personnel 
     who provide the properly trained subspecialities needed to 
     care for members of the Armed Forces in wartime and during 
     deployments;
       (3) the Secretary of each military department should 
     support a sufficient number of inpatient medical treatment 
     facilities of the size and diversity of specialties necessary 
     to ensure military readiness; and
       (4) the Director of the Defense Health Agency and the 
     Secretary of each military department, particularly the 
     Secretary of the Air Force, should aggressively pursue 
     creative options, including increased partnership with the 
     Secretary of Veterans Affairs, to maintain economical 
     efficiency for inpatient military medical treatment 
     facilities.
                                 ______
                                 
  SA 759. Mr. BROWN (for himself, Mr. Booker, Mr. Warnock, and Mr. 
Kaine)

[[Page S2869]]

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. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

       (a) Increase.--The amount authorized to be appropriated for 
     fiscal year 2024 by section 201 is hereby increased by 
     $20,000,000, with the amount of the increase to be available 
     for Research, Development, Test, and Evaluation, Defense-
     wide, Basic Research, for Historically Black Colleges and 
     Universities/Minority Institutions (PE 0601228D8Z), as 
     specified in the funding table in section 4201.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2024 by section 301 is hereby reduced by 
     $20,000,000, with the amount of the reduction to be derived 
     from Operation and Maintenance, Defense-wide, Administration 
     and Service-wide Activities, for the Office of the Secretary 
     of Defense (line 490), as specified in the funding table in 
     section 4301.
                                 ______
                                 
  SA 760. Mr. BROWN 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. USE OF FOREIGN MILITARY SALES ADMINISTRATIVE 
                   FUNDS FOR CONSTRUCTION OF CERTAIN FACILITIES.

       The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 
     amended--
       (1) in section 21(e)(1) ( (22 U.S.C. 2762(e)(1)), by 
     amending subparagraph (A) to read as follows:
       ``(A) administrative services and construction, calculated 
     on an average percentage basis to recover the full estimated 
     costs (excluding a pro rata share of fixed base operations 
     costs, but including construction of facilities for 
     activities in the administration of sales made under this 
     chapter) of administration of sales made under this Act to 
     all purchasers of such articles and services as specified in 
     subsections (b), (c), and (d) of section 43 of this Act;''; 
     and
       (2) in section 43(a) (22 U.S.C. 2792(a)), by inserting 
     ``(including the costs of construction of facilities in the 
     United States, or a territory of the United States, used for 
     activities in the administration of sales under chapter 2)'' 
     after ``administrative expenses''.
                                 ______
                                 
  SA 761. Mr. BROWN 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 VIII, insert the 
     following:

     SEC. 836. SENSE OF CONGRESS RELATING TO RUBBER SUPPLY.

       It is the sense of Congress that--
       (1) the Department of Defense should take all appropriate 
     action to lessen the dependence of the Armed Forces on 
     adversarial nations for the procurement of strategic and 
     critical materials, and that one such material in short 
     supply according to the most recent report from Defense 
     Logistics Agency Strategic Material is natural rubber, 
     undermining our national security and jeopardizing the 
     military's ability to rely on a stable source of natural 
     rubber for tire manufacturing and production of other goods; 
     and
       (2) the Secretary of Defense should take all appropriate 
     action, pursuant with the authority provided by the Strategic 
     and Critical Materials Stock Piling Act (50 U.S.C. 98a et 
     seq.) to engage in activities that may include stockpiling, 
     but shall also include research and development aspects for 
     increasing the domestic supply of natural rubber.
                                 ______
                                 
  SA 762. Mr. BROWN 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 XVI, insert the 
     following:

     SEC. 16__. CONGRESSIONAL NOTIFICATION OF DEPARTMENT OF 
                   DEFENSE CYBERSECURITY WORKFORCE MONITORING.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall provide to the 
     congressional defense committees a briefing that includes a 
     description of the plans of the Department to comply with 
     Department of Defense Directive 8140.03 (relating to 
     cyberspace workforce qualifications and management).
                                 ______
                                 
  SA 763. Mr. BROWN 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__. VETERANS AFFAIRS HISTORY OFFICE AND DEPARTMENT OF 
                   VETERANS AFFAIRS HISTORY PROGRAM.

       (a) Veterans Affairs History Office.--
       (1) Establishment.--There is established within the 
     Department of Veterans Affairs a Veterans Affairs History 
     Office (in this section the ``History Office'') comprising a 
     Veterans Affairs History Program and a Veterans Affairs 
     History Center, as the principal Department-wide management 
     office for centralized historical initiatives of the 
     Department.
       (2) Mission.--The mission of the History Office is to 
     establish an overarching program to collect, preserve, and 
     provide access to relevant historical records, artifacts, and 
     cultural resources of the Department (including those of 
     predecessor agencies) and to document and tell a 
     comprehensive story of the Department and its predecessor 
     organizations' service to veterans to the people of the 
     United States, and shall include activities enumerated in 
     Department of Veterans Affairs Directive 7777, dated February 
     9, 2021.
       (3) Chief historian and staff.--The History Office shall be 
     led by the Chief Historian of the Department of Veterans 
     Affairs (``Chief Historian'') who may be assisted by such 
     professional and administrative staff as the Secretary of 
     Veterans Affairs considers necessary to meet the mission set 
     forth in paragraph (2).
       (4) Authority.--The History Office may carry out the 
     following operations, including through the use of 
     cooperative agreements, donations, and other such 
     arrangements available under authorities of the Department:
       (A) Assist with planning appropriate history-related events 
     leading up to the centennial of the Department in 2030 
     (``Centennial'').
       (B) Carry out public activities, including print and web-
     based publications and exhibits, that increase awareness of 
     the role and contributions of the Department in providing 
     benefits, care, memorial affairs, and others services to 
     supporting veterans.
       (C) Construct, renovate, repair, operate, preserve, and 
     maintain new or existing Department facilities used for 
     preservation, restoration, and public access to Department 
     historic materials (archives and artifacts), and for 
     facilities intended for the purpose of education relating to 
     history of support of veterans through the Department and its 
     predecessor entities and for training on the preservation of 
     these historic materials and facilities.
       (D) Maintain facilities for access to, and storage of, 
     historic materials (artifacts and archives), compliant with 
     recognized specifications for such facilities.
       (E) Conduct education and training on preservation of 
     historical materials, archival management, digitization, 
     restoration, historical research, and related subjects to 
     assist the Department.
       (F) Accept donations of historic properties associated with 
     veterans or the history of the Department and its predecessor 
     entities.
       (G) Such other operations as the Secretary designates as 
     necessary and appropriate.
       (b) Reports.--
       (1) Long-range planning.--Not later than March 1, 2024, the 
     Secretary of Veterans Affairs shall submit to Congress a 
     report on current and proposed activities of the History 
     Program established pursuant to paragraph (1) of subsection 
     (a) leading up to the centennial described in paragraph 
     (4)(A) of such subsection.
       (2) Contents.--The report submitted pursuant to paragraph 
     (1) shall include plans for the following:
       (A) Additional staffing and a budget.
       (B) Organization charts pertaining to the current staff and 
     location of the Veterans Affairs History Office within the 
     Department of Veterans Affairs.
       (C) Any relevant construction, preservation, and renovation 
     activities of facilities, including those used to store or 
     display historic materials.
       (D) Public activities to mark the centennial described in 
     paragraph (1).
       (E) Such recommendations for legislative or administrative 
     action as the Secretary may have with respect to the History 
     Program and the centennial described in paragraph (1).

[[Page S2870]]

       (3) Annual reports.--Subsequent to submittal of the report 
     pursuant to paragraph (1), the Chief Historian of the 
     Department of Veterans Affairs shall, not less frequently 
     than once each year through 2030, submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the progress of the Veterans Affairs History Office.
                                 ______
                                 
  SA 764. Mr. BROWN (for himself and Ms. Ernst) 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. PILOT PROGRAM ON ACTIVITIES UNDER THE PRE-
                   SEPARATION TRANSITION PROCESS OF MEMBERS OF THE 
                   ARMED FORCES FOR A REDUCTION IN SUICIDE AMONG 
                   VETERANS.

       (a) Pilot Program Required.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall jointly carry out a 
     pilot program to assess the feasibility and advisability of 
     providing the module described in subsection (b) and services 
     under subsection (c) as part of the pre-separation transition 
     process for members of the Armed Forces as a means of 
     reducing the incidence of suicide among veterans.
       (b) Module.--
       (1) In general.--The module described in this subsection 
     shall include the following:
       (A) An in-person meeting between a cohort of members of the 
     Armed Forces participating in the pilot program and a social 
     worker or nurse in which the social worker or nurse--
       (i) educates the cohort on resources for and specific 
     potential risks confronting such members after discharge or 
     release from the Armed Forces, including--

       (I) loss of community or a support system;
       (II) isolation from family, friends, or society;
       (III) identity crisis in the transition from military to 
     civilian life;
       (IV) vulnerability viewed as a weakness;
       (V) need for empathy;
       (VI) self-medication and addiction;
       (VII) importance of sleep and exercise;
       (VIII) homelessness; and
       (IX) risk factors contributing to attempts of suicide and 
     deaths by suicide;

       (ii) educates the cohort on--

       (I) the signs and symptoms of suicide risk and physical, 
     psychological, or neurological issues, such as post-traumatic 
     stress disorder, traumatic brain injury, chronic pain, sleep 
     disorders, substance use disorders, adverse childhood 
     experiences, depression, bipolar disorder, and socio-
     ecological concerns, such as homelessness, unemployment, and 
     relationship strain;
       (II) the potential risks for members of the Armed Forces 
     from such issues after discharge or release from the Armed 
     Forces; and
       (III) the resources and treatment options available to such 
     members for such issues through the Department of Veterans 
     Affairs, the Department of Defense, and non-profit 
     organizations;

       (iii) educates the cohort about the resources available to 
     victims of military sexual trauma through the Department of 
     Veterans Affairs; and
       (iv) educates the cohort about the manner in which members 
     might experience challenges during the transition from 
     military to civilian life, and the resources available to 
     them through the Department of Veterans Affairs, the 
     Department of Defense, and other organizations.
       (B) The provision to each member of the cohort of contact 
     information for a counseling or other appropriate facility of 
     the Department of Veterans Affairs in the locality in which 
     such member intends to reside after discharge or release.
       (C) The submittal by each member of the cohort to the 
     Department of Veterans Affairs (including both the Veterans 
     Health Administration and the Veterans Benefits 
     Administration) of their medical records in connection with 
     service in the Armed Forces, whether or not such members 
     intend to file a claim with the Department for benefits with 
     respect to any service-connected disability.
       (2) Composition of cohort.--Each cohort participating in 
     the module described in this subsection shall be comprised of 
     not fewer than 50 individuals.
       (c) Services.--In carrying out the pilot program, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall provide to each individual participating in the pilot 
     program the following services:
       (1) During the transition process and prior to discharge or 
     release from the Armed Forces, a one-on-one meeting with a 
     social worker or nurse of the Department of Veterans Affairs 
     who will--
       (A) conduct an assessment of the individual regarding 
     eligibility to receive health care or counseling services 
     from the Department of Veterans Affairs;
       (B) for those eligible, or likely to be eligible, to 
     receive health care or counseling services from the 
     Department of Veterans Affairs--
       (i) identify and provide contact information for an 
     appropriate facility of the Department of Veterans Affairs in 
     the locality in which such individual intends to reside after 
     discharge or release;
       (ii) facilitate registration or enrollment in the system of 
     patient enrollment of the Department of Veterans Affairs 
     under section 1705(a) of title 38, United States Code, if 
     applicable;
       (iii) educate the individual about care, benefits, and 
     services available to the individual through the Veterans 
     Health Administration; and
       (iv) coordinate health care based on the health care needs 
     of the individual, if applicable, to include establishing an 
     initial appointment, at the election of the individual, to 
     occur not later than 90 days after the date of discharge or 
     release of the member from the Armed Forces.
       (2) For each individual determined ineligible for care and 
     services from the Department of Veterans Affairs during the 
     transition process, the Secretary of Defense shall conduct an 
     assessment of the individual to determine the needs of the 
     individual and appropriate follow-up, which shall be 
     identified and documented in the appropriate records of the 
     Department of Defense.
       (3) During the appointment scheduled pursuant to paragraph 
     (1)(B)(iv), the Secretary of Veterans Affairs shall conduct 
     an assessment of the individual to determine the needs of the 
     individual and appropriate follow-up, which shall be 
     identified and documented in the appropriate records of the 
     Department of Veterans Affairs.
       (d) Locations.--
       (1) Module and meeting.--The module under subsection (b) 
     and the one-on-one meeting under subsection (c)(1) shall be 
     carried out at not fewer than 10 locations of the Department 
     of Defense that serve not fewer than 300 members of the Armed 
     Forces annually that are jointly selected by the Secretary of 
     Defense and the Secretary of Veterans Affairs for purposes of 
     the pilot program.
       (2) Assessment and appointment.--The assessment under 
     subsection (c)(2) and the appointment under subsection (c)(3) 
     may occur at any location determined appropriate by the 
     Secretary of Defense or the Secretary of Veterans Affairs, as 
     the case may be.
       (3) Members served.--The locations selected under paragraph 
     (1) shall, to the extent practicable, be locations that, 
     whether individually or in aggregate, serve all the Armed 
     Forces and both the regular and reserve components of the 
     Armed Forces.
       (e) Selection and Commencement.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly select 
     the locations of the pilot program under subsection (d)(1) 
     and commence carrying out activities under the pilot program 
     by not later than September 30, 2024.
       (f) Duration.--The duration of the pilot program shall be 
     three years.
       (g) Reports.--
       (1) In general.--Not later than one year after the 
     commencement of the pilot program, and annually thereafter 
     during the duration of the pilot program, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     submit to the appropriate committees of Congress a report on 
     the activities under the pilot program.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) The demographic information of the members and former 
     members of the Armed Forces who participated in the pilot 
     program during the one-year period ending on the date of such 
     report.
       (B) A description of the activities under the pilot program 
     during such period.
       (C) An assessment of the benefits of the activities under 
     the pilot program during such period to members and former 
     members of the Armed Forces.
       (D) An assessment of whether the activities under the pilot 
     program as of the date of such report have met the targeted 
     outcomes of the pilot program among members and former 
     members who participated in the pilot program within one year 
     of discharge or release from the Armed Forces.
       (E) Such recommendations as the Secretary of Defense and 
     the Secretary of Veterans Affairs jointly consider 
     appropriate regarding the feasibility and advisability of 
     expansion of the pilot program, extension of the pilot 
     program, or both.
       (h) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 765. Mr. BROWN (for himself, Mr. Grassley, and Mr. Cotton) 
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:

[[Page S2871]]

  


     SEC. ___. PREVENTING FIRST RESPONDER SECONDARY EXPOSURE TO 
                   FENTANYL.

       Section 3021(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10701(a)) is amended--
       (1) by redesignating paragraphs (4) through (10) as 
     paragraphs (5) through (11), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Providing training and resources for first responders 
     on the use of containment devices to prevent secondary 
     exposure to fentanyl and other potentially lethal substances, 
     and purchasing such containment devices for use by first 
     responders.''.
                                 ______
                                 
  SA 766. Mr. BROWN (for himself and Mr. Cotton) 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--POWER Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Providing Officers With 
     Electronic Resources Act'' or the ``POWER Act''.

     SEC. 1092. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) chemical screening devices enhance the ability of law 
     enforcement agencies to identify unknown chemical substances 
     seized or otherwise encountered by law enforcement officers; 
     and
       (2) equipping law enforcement agencies with technology that 
     can more efficiently identify substances, such as heroin, 
     fentanyl, methamphetamine, and other narcotics, will ensure 
     that law enforcement agencies can--
       (A) investigate cases more quickly and safely;
       (B) better deploy resources and strategies to prevent 
     illegal substances from entering and harming communities 
     throughout the United States; and
       (C) share spectral data with other law enforcement agencies 
     and State and local fusion centers.
       (b) Purpose.--The purpose of this subtitle is to provide 
     grants to State, local, territorial, and Tribal law 
     enforcement agencies to purchase chemical screening devices 
     and train personnel to use chemical screening devices in 
     order to--
       (1) enhance law enforcement efficiency; and
       (2) protect law enforcement officers.

     SEC. 1093. DEFINITIONS.

       In this subtitle:
       (1) Applicant.--The term ``applicant'' means a law 
     enforcement agency that applies for a grant under section 
     1094.
       (2) Attorney general.--The term ``Attorney General'' means 
     the Attorney General, acting through the Director of the 
     Office of Community Oriented Policing Services.
       (3) Chemical screening device.--The term ``chemical 
     screening device'' means an infrared spectrophotometer, mass 
     spectrometer, nuclear magnetic resonance spectrometer, Raman 
     spectrophotometer, ion mobility spectrometer, or any other 
     scientific instrumentation that is able to collect data that 
     can be interpreted to determine the presence and identity of 
     a covered substance.
       (4) Chief law enforcement officer.--The term ``chief law 
     enforcement officer'' has the meaning given the term in 
     section 922(s) of title 18, United States Code.
       (5) Covered substance.--The term ``covered substance'' 
     means--
       (A) fentanyl;
       (B) any other synthetic opioid; and
       (C) any other narcotic or psychoactive substance.
       (6) Grant funds.--The term ``grant funds'' means funds from 
     a grant awarded under section 1094.
       (7) 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).
       (8) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of a State, unit of local 
     government, or Indian Tribe that is authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       (9) Personnel.--The term ``personnel''--
       (A) means employees of a law enforcement agency; and
       (B) includes scientists and law enforcement officers.
       (10) Recipient.--The term ``recipient'' means an applicant 
     that receives a grant under section 1094.
       (11) State.--The term ``State'' has the meaning given the 
     term in section 901 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10251).

     SEC. 1094. GRANTS.

       (a) Grants Authorized.--The Attorney General may award 
     grants to applicants to--
       (1) purchase a chemical screening device; and
       (2) train personnel to use, and interpret data collected 
     by, a chemical screening device.
       (b) Applications.--
       (1) In general.--The chief law enforcement officer of an 
     applicant shall submit to the Attorney General an application 
     that--
       (A) shall include--
       (i) a statement describing the need for a chemical 
     screening device in the jurisdiction of the applicant; and
       (ii) a certification--

       (I) of the number of chemical screening devices the 
     applicant owns or possesses;
       (II) that not less than 1 employee of the applicant will be 
     trained to--

       (aa) use any chemical screening device purchased using 
     grant funds; and
       (bb) interpret data collected by any chemical screening 
     device purchased using grant funds; and

       (III) that the applicant will make any chemical screening 
     device purchased using grant funds reasonably available to 
     test a covered substance seized by a law enforcement agency 
     near the jurisdiction of the applicant; and

       (B) in addition to the information required under 
     subparagraph (A), may, at the option of the applicant, 
     include--
       (i) information relating to--

       (I) the process used by the applicant to identify a covered 
     substance seized by the applicant, including--

       (aa) the approximate average amount of time required for 
     the applicant to identify a covered substance; and
       (bb) as of the date of the application, the number of cases 
     in which the applicant is awaiting identification of a 
     covered substance;

       (II) any documented case of a law enforcement officer, 
     first responder, or treating medical personnel in the 
     jurisdiction of the applicant who has suffered an accidental 
     drug overdose caused by exposure to a covered substance while 
     in the line of duty;
       (III) any chemical screening device the applicant will 
     purchase using grant funds, including the estimated cost of 
     the chemical screening device; and
       (IV) any estimated costs relating to training personnel of 
     the applicant to use a chemical screening device purchased 
     using grant funds; and

       (ii) data relating to--

       (I) the approximate amount of covered substances seized by 
     the applicant during the 2-year period ending on the date of 
     the application, categorized by the type of covered substance 
     seized; and
       (II) the approximate number of covered substance overdoses 
     in the jurisdiction of the applicant that the applicant 
     investigated or responded to during the 2-year period ending 
     on the date of the application, categorized by fatal and 
     nonfatal overdoses.

       (2) Joint applications.--
       (A) In general.--Two or more law enforcement agencies, 
     including law enforcement agencies located in different 
     States, that have jurisdiction over areas that are 
     geographically contiguous may submit a joint application for 
     a grant under this section that includes--
       (i) for each law enforcement agency--

       (I) all information required under paragraph (1)(A); and
       (II) any optional information described in paragraph (1)(B) 
     that each law enforcement agency chooses to include;

       (ii) a plan for the sharing of any chemical screening 
     devices purchased or training provided using grant funds; and
       (iii) a certification that not less than 1 employee of each 
     law enforcement agency will be trained to--

       (I) use any chemical screening device purchased using grant 
     funds; and
       (II) interpret data collected by any chemical screening 
     device purchased using grant funds.

       (B) Submission.--Law enforcement agencies submitting a 
     joint application under subparagraph (A) shall--
       (i) be considered as 1 applicant; and
       (ii) select the chief law enforcement officer of 1 of the 
     law enforcement agencies to submit the joint application.
       (c) Restrictions.--
       (1) Supplemental funds.--Grant funds shall be used to 
     supplement, and not supplant, State, local, and Tribal funds 
     made available to any applicant for any of the purposes 
     described in subsection (a).
       (2) Administrative costs.--Not more than 3 percent of any 
     grant awarded under this section may be used for 
     administrative costs.
       (d) Reports and Records.--
       (1) Reports.--For each year during which grant funds are 
     used, the recipient shall submit to the Attorney General a 
     report containing--
       (A) a summary of any activity carried out using grant 
     funds;
       (B) an assessment of whether each activity described in 
     subparagraph (A) is meeting the need described in subsection 
     (b)(1)(A)(i) that the applicant identified in the application 
     submitted under subsection (b); and
       (C) any other information relevant to the purpose of this 
     subtitle that the Attorney General may determine appropriate.
       (2) Records.--For the purpose of an audit by the Attorney 
     General of the receipt and use of grant funds, a recipient 
     shall--
       (A) keep--
       (i) any record relating to the receipt and use of grant 
     funds; and
       (ii) any other record as the Attorney General may require; 
     and
       (B) make the records described in subparagraph (A) 
     available to the Attorney General upon request by the 
     Attorney General.

[[Page S2872]]

  


     SEC. 1095. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Attorney 
     General $20,000,000 for fiscal year 2023 to carry out section 
     1094.
                                 ______
                                 
  SA 767. 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;
       (B) the Committee on Finance of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Ways and Means 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 768. Mr. BRAUN (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 in title VIII, insert the 
     following:

     SEC. 8___. MODIFICATIONS TO RIGHTS IN TECHNICAL DATA.

       Section 3771(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3)(C), by inserting ``for which the 
     United States shall have government purpose rights, unless 
     the Government and the contractor negotiate different license 
     rights'' after ``component)''; and
       (2) in paragraph (4)(A)--
       (A) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following new clause 
     (iii):
       ``(iii) is a release, disclosure, or use of detailed 
     manufacturing or process data--

       ``(I) that is necessary for operation, maintenance, 
     installation, or training and shall be used only for 
     operation, maintenance, installation, or training purposes 
     under conditions of a declared war, contingency operations; 
     or
       ``(II) for which the head of an agency determines that the 
     original supplier of such data will be unable to satisfy 
     program schedule or delivery requirements; or''.

                                 ______
                                 
  SA 769. Mr. HEINRICH (for himself, Mr. Schumer, Mr. Young, 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 II, insert the following:

     SEC. 2__. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR 
                   DIGITAL ENGINEERING CAREER TRACKS.

       (a) Annual Review and Report Required.--Not less frequently 
     than once each year until December 31, 2029, the Secretary of 
     Defense shall--
       (1) conduct an internal review of the status of the 
     implementation of the plan submitted pursuant to section 
     230(b) of the National Defense Authorization Act for Fiscal 
     Year 2020 (Public Law 116-92; 10 U.S.C. note prec. 501); and
       (2) submit to the congressional defense committees--
       (A) a summary of the status described in paragraph (1);
       (B) a report on the findings of the Secretary with respect 
     to the most recent review conducted pursuant to such 
     paragraph; and
       (C) a plan for how the Department of Defense will plan for 
     digital engineering personnel needs in the coming years.
       (b) Consideration.--The review conducted pursuant to 
     subsection (a)(1) shall include consideration of the rapid 
     rate of technological change in data science and machine 
     learning.
                                 ______
                                 
  SA 770. Mr. HEINRICH 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. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL 
                   ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR 
                   IN-HOME CHILD CARE.

       Section 589(b)(1) of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283; 10 U.S.C. 1791 note) is amended--
       (1) by striking the period at the end and inserting ``, and 
     in the following locations:'';
       (2) by adding at the end the following new subparagraphs:
       ``(A) Fort Drum, New York.
       ``(B) Holloman Air Force Base, New Mexico.

[[Page S2873]]

       ``(C) Naval Air Station Lemoore, California.
       ``(D) Marine Corps Air Ground Combat Center, Twentynine 
     Palms, California.''.
                                 ______
                                 
  SA 771. Mr. HEINRICH 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 F of title III, add the following:

     SEC. 359. REPORT ON WATER UTILITY SYSTEMS OF THE DEPARTMENT 
                   OF DEFENSE.

       Not later than January 15, 2025, the Under Secretary of 
     Defense for Acquisition and Sustainment shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report containing the following:
       (1) A list of all water utilities owned by the Department 
     of Defense on or providing water to military installations, 
     including an identification of the following information:
       (A) The year of original installation of major components 
     for the water utility system, including water treatment 
     facilities, pump stations, and water storage tanks.
       (B) The average age of water utility system piping.
       (C) The last major recapitalization of the water utility 
     system, including a brief description of the infrastructure 
     that was recapitalized.
       (D) All instances of non-compliance with any applicable 
     Federal, State, or local law or regulation to which the water 
     utility system is required to comply within the five-year 
     period preceding the date of the report, including 
     information on any prior or current consent orders or 
     equivalent compliance agreements with any regulatory agency.
       (2) For each military department, the total rate of water 
     utility system recapitalization, represented as an annual 
     percentage replacement value of all system assets.
       (3) For each military department, a description of the 
     annual inspection requirements for water utility systems, and 
     the percentage of such systems inspected annually.
       (4) For each military department, the number of unplanned 
     water utility system outages and the duration of those 
     outages during the one-year period preceding the date of the 
     report, including a listing of installations at which those 
     outages occurred.
       (5) The methodology by which each military department 
     develops its business case to retain ownership of a water 
     utility system or to pursue privatization of such system.
                                 ______
                                 
  SA 772. Mr. HEINRICH 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 F of title III, add the following:

     SEC. 359. CONSIDERATION OF SUPPORT SERVICES AT REMOTE OR 
                   ISOLATED INSTALLATIONS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     collaboration with the Secretary of each military department 
     and the Commandant of the Marine Corps, shall--
       (1) develop a policy for designating installations of the 
     Department of Defense in the United States as remote or 
     isolated that includes a process for considering health care, 
     housing, and other support services for members of the Armed 
     Forces and their dependents; and
       (2) systematically assess the risk associated with not 
     having needed support services for members of the Armed 
     Forces and their dependents stationed in remote or isolated 
     areas and develop strategies to provide such services.
       (b) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall provide 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a briefing on the implementation of 
     the requirements under subsection (a).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the implementation of 
     the requirements under subsection (a).
                                 ______
                                 
  SA 773. Ms. STABENOW (for herself, Mr. Grassley, Mr. Tester, and Ms. 
Ernst) 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. ___. MODIFICATION OF THE DEFENSE PRODUCTION ACT OF 1950 
                   TO ADDRESS FOOD INSECURITY.

       (a) Consideration of Food Insecurity in Determinations of 
     the Committee on Foreign Investment in the United States.--
     Section 721(f) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(f)) is amended--
       (1) in paragraph (10), by striking ``; and'' and inserting 
     a semicolon;
       (2) by redesignating paragraph (11) as paragraph (12); and
       (3) by inserting after paragraph (10) the following:
       ``(11) the potential effects of the proposed or pending 
     transaction on the security of the food and agriculture 
     systems of the United States, including any effects on the 
     availability of, access to, or safety and quality of food; 
     and''.
       (b) Inclusion of Secretaries of Agriculture and Health and 
     Human Services on the Committee on Foreign Investment in the 
     United States.--Section 721(k)(2) of the Defense Production 
     Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
       (1) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (J), (K), and (L), respectively; and
       (2) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture.
       ``(I) The Secretary of Health and Human Services.''.
                                 ______
                                 
  SA 774. Mr. WARNER 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 XXXI, insert the 
     following:

     SEC. 31___. DEFINITION OF NUCLEAR FACILITY.

       (a) In General.--Section 638(a)(1) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16014(a)(1)) is amended by striking 
     ``means any nuclear facility'' and all that follows through 
     the period at the end and inserting the following: ``means a 
     nuclear fission reactor, including a prototype plant (as 
     defined in sections 50.2 and 52.1 of title 10, Code of 
     Federal Regulations (or successor regulations)), with 
     significant improvements compared to reactors operating on 
     October 19, 2016, including improvements such as--
       ``(A) additional inherent safety features;
       ``(B) lower waste yields;
       ``(C) improved fuel and material performance;
       ``(D) increased tolerance to loss of fuel cooling;
       ``(E) enhanced reliability or improved resilience;
       ``(F) increased proliferation resistance;
       ``(G) increased thermal efficiency;
       ``(H) reduced consumption of cooling water and other 
     environmental impacts;
       ``(I) the ability to integrate into electric applications 
     and nonelectric applications;
       ``(J) modular sizes to allow for deployment that 
     corresponds with the demand for electricity or process heat; 
     and
       ``(K) operational flexibility to respond to changes in 
     demand for electricity or process heat and to complement 
     integration with intermittent renewable energy or energy 
     storage.''.
                                 ______
                                 
  SA 775. 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 in title XII, insert the 
     following:

     SEC. 12__. US-ASEAN CENTER.

       (a) Defined Term.--In this section, the term ``ASEAN'' 
     means the Association of Southeast Asian Nations.
       (b) Establishment.--The Secretary is authorized to enter 
     into a public-private partnership for the purposes of 
     establishing a US-ASEAN Center in the United States to 
     support United States economic and cultural engagement with 
     Southeast Asia.
       (c) Functions.--Notwithstanding any other provision of law, 
     the US-ASEAN Center established pursuant to subsection (b) 
     may--
       (1) provide grants for research to support and elevate the 
     importance of the US-ASEAN partnership;
       (2) facilitate activities to strengthen US-ASEAN trade and 
     investment;
       (3) expand economic and technological relationships between 
     ASEAN countries and the United States into new areas of 
     cooperation;
       (4) provide training to United States citizens and citizens 
     of ASEAN countries that improve people-to-people ties;
       (5) develop educational programs to increase awareness for 
     the United States and

[[Page S2874]]

     ASEAN countries on the importance of relations between the 
     United States and ASEAN countries; and
       (6) carry out other activities the Secretary considers 
     necessary to strengthen ties between the United States and 
     ASEAN countries and achieve the objectives of the US-ASEAN 
     Center.
                                 ______
                                 
  SA 776. 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. __. MODIFICATION OF REQUIREMENT FOR PRIOR NOTIFICATION 
                   OF SHIPMENTS OF DEFENSE ARTICLES.

       Section 36(i) of the Arms Export Control Act (22 U.S.C. 
     2776(i)) is amended to read as follows:
       ``(i) Prior Notification of Shipment of Arms.--Thirty days 
     prior to the first and last shipment relating to a sale of 
     defense articles subject to the requirements of subsection 
     (b), the President shall provide notification of such pending 
     shipment, in unclassified form, with a separate, classified 
     annex as necessary, to the Chairperson and Ranking Member 
     of--
       ``(1) the Committee on Foreign Relations of the Senate; and
       ``(2) the Committee on Foreign Affairs of the House of 
     Representatives.''.
                                 ______
                                 
  SA 777. Mr. MENENDEZ (for himself and 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, add the following:

       DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

     SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Department of State Authorization Act of 2023''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

       DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.

          TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

Sec. 6101. Passport fee expenditure authority extension.
Sec. 6102. Special hiring authority for passport services.
Sec. 6103. Quarterly report on passport wait times.
Sec. 6104. Passport travel advisories.
Sec. 6105. Strategy to ensure access to passport services for all 
              Americans.
Sec. 6106. Strengthening the National Passport Information Center.
Sec. 6107. Strengthening passport customer visibility and transparency.
Sec. 6108. Annual Office of Authentications report.
Sec. 6109. Annual special immigrant visa report.
Sec. 6110. Increased accountability in assignment restrictions and 
              reviews.
Sec. 6111. Suitability reviews for Foreign Service Institute 
              instructors.
Sec. 6112. Diplomatic security fellowship programs.
Sec. 6113. Victims Resource Advocacy Program.
Sec. 6114. Authority for special agents to investigate trafficking in 
              persons violations.

                     TITLE LXII--PERSONNEL MATTERS

             Subtitle A--Hiring, Promotion, and Development

Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program .
Sec. 6207. Consideration of career civil servants as chiefs of 
              missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by 
              Department.
Sec. 6212. Enhanced vetting for senior diplomatic posts.
Sec. 6213. Efforts to improve retention and prevent retaliation.
Sec. 6214. National advertising campaign.
Sec. 6215. Expansion of diplomats in residence programs.

            Subtitle B--Pay, Benefits, and Workforce Matters

Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign 
              Service.
Sec. 6223. Improving mental health services for foreign and civil 
              servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission 
              personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff 
              during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between 
              Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State 
              employees located in United States territories.

         TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer 
              Program.
Sec. 6303. Task force to address artificial intelligence-enabled 
              influence operations.
Sec. 6304. Establishment of the Chief Artificial Intelligence Officer 
              of the Department of State.
Sec. 6305. Strengthening the Chief Information Officer of the 
              Department of State.
Sec. 6306. Sense of Congress on strengthening enterprise governance.
Sec. 6307. Digital connectivity and cybersecurity partnership.
Sec. 6308. Establishment of a cyberspace, digital connectivity, and 
              related technologies (CDT) fund.
Sec. 6309. Cyber protection support for personnel of the Department of 
              State in positions highly vulnerable to cyber attack.

                TITLE LXIV--ORGANIZATION AND OPERATIONS

Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Establishment of Office of the Special Representative for 
              City and State Diplomacy.

                     TITLE LXV--ECONOMIC DIPLOMACY

Sec. 6501. Duties of officers performing economic functions.
Sec. 6502. Report on recruitment, retention, and promotion of Foreign 
              Service economic officers.
Sec. 6503. Mandate to revise Department of State metrics for successful 
              economic and commercial diplomacy.
Sec. 6504. Chief of mission economic responsibilities.
Sec. 6505. Direction to embassy deal teams.
Sec. 6506. Establishment of a ``Deal Team of the Year'' award.

                      TITLE LXVI--PUBLIC DIPLOMACY

Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio 
              Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.

                       TITLE LXVII--OTHER MATTERS

Sec. 6701. Expanding the use of DDTC licensing fees.
Sec. 6702. Prohibition on entry of officials of foreign governments 
              involved in significant corruption or gross violations of 
              human rights.
Sec. 6703. Protection of cultural heritage during crises.
Sec. 6704. National Museum of American Diplomacy.
Sec. 6705. Extraterritorial offenses committed by United States 
              nationals serving with international organizations.
Sec. 6706. Extension of certain privileges and immunities to the 
              International Energy Forum.
Sec. 6707. Extension of certain privileges and immunities to the 
              Conseil Europeen pour la recherche nucleaire (CERN; the 
              European Organization for Nuclear Research).
Sec. 6708. Internships of United States nationals at international 
              organizations.

[[Page S2875]]

Sec. 6709. Training for international organizations.
Sec. 6710. Modification to transparency on international agreements and 
              non-binding instruments.
Sec. 6711. Strategy for the efficient processing of all Afghan special 
              immigrant visa applications and appeals.
Sec. 6712. Report on partner forces utilizing United States security 
              assistance identified as using hunger as a weapon of war.
Sec. 6713. Infrastructure projects and investments by the United States 
              and People's Republic of China.
Sec. 6714. Special envoys.
Sec. 6715. US-ASEAN Center.
Sec. 6716. Report on vetting of students from national defense 
              universities and other academic institutions of the 
              People's Republic of China.
Sec. 6717. Briefings on the United States-European Union Trade and 
              Technology Council.
Sec. 6718. Congressional oversight, quarterly review, and authority 
              relating to concurrence provided by chiefs of mission for 
              support of certain Government operations.
Sec. 6719. Modification and repeal of reports.
Sec. 6720. Modification of Build Act of 2018 to prioritize projects 
              that advance national security.
Sec. 6721. Permitting for international bridges.

               TITLE LXVIII--COMBATING GLOBAL CORRUPTION

Sec. 6801. Short title.
Sec. 6802. Definitions.
Sec. 6803. Publication of tiered ranking list.
Sec. 6804. Minimum standards for the elimination of corruption and 
              assessment of efforts to combat corruption.
Sec. 6805. Imposition of sanctions under Global Magnitsky Human Rights 
              Accountability Act.
Sec. 6806. Designation of embassy anti-corruption points of contact.

                        TITLE IX--AUKUS MATTERS

Sec. 6901. Definitions.

              Subtitle A--Outlining the AUKUS Partnership

Sec. 6911. Statement of policy on the AUKUS partnership.
Sec. 6912. Senior Advisor for the AUKUS partnership at the Department 
              of State.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

Sec. 6921. Australia, United Kingdom, and United States submarine 
              security activities.
Sec. 6922. Acceptance of contributions for Australia, United Kingdom, 
              and United States submarine security activities; AUKUS 
              Submarine Security Activities Account.
Sec. 6923. Australia, United Kingdom, and United States submarine 
              security training.

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

Sec. 6931. Priority for Australia and the United Kingdom in Foreign 
              Military Sales and Direct Commercial Sales.
Sec. 6932. Identification and pre-clearance of platforms, technologies, 
              and equipment for sale to Australia and the United 
              Kingdom through Foreign Military Sales and Direct 
              Commercial Sales.
Sec. 6933. Export control exemptions and standards.
Sec. 6934. Expedited review of export licenses for exports of advanced 
              technologies to Australia, the United Kingdom, and 
              Canada.
Sec. 6935. United States Munitions List.

                    Subtitle D--Other AUKUS Matters

Sec. 6941. Reporting related to the AUKUS partnership.
Sec. 6942. Report on defense cooperation and export regulation.
Sec. 6943. Report on protection of sensitive information and 
              technology.
Sec. 6944. Report on the United States submarine industrial base.
Sec. 6945. Report on navy submarine requirements.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

          TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

     SEC. 6101. PASSPORT FEE EXPENDITURE AUTHORITY EXTENSION.

       (a) Western Hemisphere Travel Initiative Fee.--To make 
     permanent the Western Hemisphere Travel Initiative fee, 
     section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C. 
     214(b)(1)) is amended--
       (1) in paragraph (1), by striking ``(1)''; and
       (2) by striking paragraphs (2) and (3).
       (b) Passport Fees.--Section 1(b) of the Passport Act of 
     June 4, 1920, as amended by subsection (a), shall be applied 
     through fiscal year 2028 by striking ``such costs'' and 
     inserting ``the costs of providing consular services''.
       (c) Modernization of Passport Processing.--A portion of the 
     expanded expenditure authorities provided in subsections (a) 
     and (b) shall be used--
       (1) to modernize consular systems, with an emphasis on 
     passport and citizenship services; and
       (2) towards a feasibility study on how the Department could 
     provide urgent, in-person passport services to significant 
     populations with the longest travel times to existing 
     passport agencies, including the possibility of building new 
     passport agencies.

     SEC. 6102. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.

       During the 3-year period beginning on the date of the 
     enactment of this Act, the Secretary of State, without regard 
     to the provisions under sections 3309 through 3318 of title 
     5, United States Code, may directly appoint candidates to 
     positions in the competitive service (as defined in section 
     2102 of such title) at the Department in the Passport and 
     Visa Examining Series 0967.

     SEC. 6103. QUARTERLY REPORT ON PASSPORT WAIT TIMES.

       Not later than 30 days after the date of the enactment of 
     this Act, and quarterly thereafter for the following 3 years, 
     the Secretary shall submit a report to the appropriate 
     congressional committees that describes--
       (1) the current estimated wait times for passport 
     processing;
       (2) the steps that have been taken by the Department to 
     reduce wait times to a reasonable time;
       (3) efforts to improve the rollout of the online passport 
     renewal processing program, including how much of passport 
     revenues the Department is spending on consular systems 
     modernization;
       (4) the demand for urgent passport services by major 
     metropolitan area;
       (5) the steps that have been taken by the Department to 
     reduce and meet the demand for urgent passport services, 
     particularly in areas that are greater than 5 hours driving 
     time from the nearest passport agency; and
       (6) how the Department details its staff and resources to 
     passport services programs.

     SEC. 6104. PASSPORT TRAVEL ADVISORIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Department shall make prominently available in 
     United States regular passports, on the first three pages of 
     the passport, the following information:
       (1) A prominent, clear advisory for all travelers to check 
     travel.state.gov for updated travel warnings and advisories.
       (2) A prominent, clear notice urging all travelers to 
     register with the Department prior to overseas travel.
       (3) A prominent, clear advisory--
       (A) noting that many countries deny entry to travelers 
     during the last 6 months of their passport validity period; 
     and
       (B) urging all travelers to renew their passport not later 
     than 1 year prior to its expiration.

     SEC. 6105. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR 
                   ALL AMERICANS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives for ensuring 
     reasonable access to passport services for all Americans, 
     which shall include--
       (1) a detailed strategy describing how the Department 
     could--
       (A) by not later than 1 year after submission of the 
     strategy, reduce passport processing times to an acceptable 
     average for renewals and for expedited service; and
       (B) by not later than 2 years after the submission of the 
     strategy, provide United States residents living in a 
     significant population center more than a 5-hour drive from a 
     passport agency with urgent, in-person passport services, 
     including the possibility of building new passport agencies; 
     and
       (2) a description of the specific resources required to 
     implement the strategy.

     SEC. 6106. STRENGTHENING THE NATIONAL PASSPORT INFORMATION 
                   CENTER.

       (a) Sense of Congress.--It is the sense of Congress that 
     passport wait times since 2021 have been unacceptably long 
     and have created frustration among those seeking to obtain or 
     renew passports.
       (b) Online Chat Feature.--The Department should develop an 
     online tool with the capability for customers to correspond 
     with customer service representatives regarding questions and 
     updates pertaining to their application for a passport or for 
     the renewal of a passport.
       (c) GAO Report.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate a review of NPIC operations, 
     which shall include an analysis of the extent to which NPIC--
       (1) responds to constituent inquiries by telephone, 
     including how long constituents are kept on hold and their 
     ability to be placed in a queue;

[[Page S2876]]

       (2) provides personalized customer service;
       (3) maintains its telecommunications infrastructure to 
     ensure it effectively handles call volumes; and
       (4) other relevant issues the Comptroller General deems 
     appropriate.

     SEC. 6107. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND 
                   TRANSPARENCY.

       (a) Online Status Tool.--Not later than 2 years after the 
     date of the enactment of this Act, the Department should 
     modernize the online passport application status tool to 
     include, to the greatest extent possible, step by step 
     updates on the status of their application, including with 
     respect to the following stages:
       (1) Submitted for processing.
       (2) In process at a lockbox facility.
       (3) Awaiting adjudication.
       (4) In process of adjudication.
       (5) Adjudicated with a result of approval or denial.
       (6) Materials shipped.
       (b) Additional Information.--The tool pursuant to 
     subsection (a) should include a display that informs each 
     passport applicant of--
       (1) the date on which his or her passport application was 
     received; and
       (2) the estimated wait time remaining in the passport 
     application process.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Assistant Secretary of State for 
     Consular Affairs shall submit a report to the appropriate 
     congressional committees that outlines a plan for coordinated 
     comprehensive public outreach to increase public awareness 
     and understanding of--
       (1) the online status tool required under subsection (a);
       (2) passport travel advisories required under section 6104; 
     and
       (3) passport wait times.

     SEC. 6108. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.

       (a) Report.--The Assistant Secretary of State for Consular 
     Affairs shall submit an annual report for 5 years to the 
     appropriated congressional committees that describes--
       (1) the number of incoming authentication requests, broken 
     down by month and type of request, to show seasonal 
     fluctuations in demand;
       (2) the average time taken by the Office of Authentications 
     of the Department of State to authenticate documents, broken 
     down by month to show seasonal fluctuations in wait times;
       (3) how the Department of State details staff to the Office 
     of Authentications; and
       (4) the impact that hiring additional, permanent, dedicated 
     staff for the Office of Authentications would have on the 
     processing times referred to in paragraph (2).
       (b) Authorization.--The Secretary of State is authorized to 
     hire additional, permanent, dedicated staff for the Office of 
     Authentications.

     SEC. 6109. ANNUAL SPECIAL IMMIGRANT VISA REPORT.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter for 5 years, the Assistant 
     Secretary of State for Consular Affairs shall submit to the 
     appropriate congressional committees, the Committee on the 
     Judiciary of the Senate, and the Committee on the Judiciary 
     of the House of Representatives a report that identifies --
       (1) the number of approved applications awaiting visas 
     authorized under section 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(4)) (commonly known as EB-4 
     visas) for special immigrants described in section 
     101(a)(27)(D) of such Act (8 U.S.C. 1101(a)(27)(D)) who are 
     employed by the United States Government, broken down by 
     country;
       (2) an estimate of--
       (A) the number of special immigrant visas authorized under 
     such section 101(a)(27)(D) that will be issued during the 
     current fiscal year; and
       (B) the number of special immigrant visa applicants who 
     will not be granted such a visa during the current fiscal 
     year;
       (3) the estimated period between the date on which a 
     qualified applicant for such a special immigrant visa submits 
     a completed application for such a visa and the date on which 
     such applicant would be issued such a visa; and
       (4) the specific high-risk populations, broken down by 
     country, who will face increased hardship due to Department 
     of State delays in processing special immigrant visa 
     applications under such section 101(a)(27)(D).

     SEC. 6110. INCREASED ACCOUNTABILITY IN ASSIGNMENT 
                   RESTRICTIONS AND REVIEWS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the use of policies to restrict personnel from serving 
     in certain assignments may undermine the Department's ability 
     to deploy relevant cultural and linguistic skills at 
     diplomatic posts abroad if not applied judiciously; and
       (2) the Department should continuously evaluate all 
     processes relating to assignment restrictions, assignment 
     title reviews, and preclusions at the Department.
       (b) Notification of Status.--Beginning not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary shall--
       (1) provide a status update for all Department personnel 
     who, prior to such date of enactment, were subject to a prior 
     assignment restriction, assignment review, or preclusion for 
     whom a review or decision related to assignment is pending; 
     and
       (2) on an ongoing basis, provide a status update for any 
     Department personnel who has been the subject of a pending 
     assignment restriction or pending assignment review for more 
     than 30 days.
       (c) Notification Content.--The notification required under 
     subsection (b) shall inform relevant personnel, as of the 
     date of the notification--
       (1) whether any prior assignment restriction has been 
     lifted;
       (2) if their assignment status is subject to ongoing 
     review, and an estimated date for completion; and
       (3) if they are subject to any other restrictions on their 
     ability to serve at posts abroad.
       (d) Adjudication of Ongoing Assignment Reviews.--
       (1) Time limit.--The Department shall establish a 
     reasonable time limit for the Department to complete an 
     assignment review and establish a deadline by which it must 
     inform personnel of a decision related to such a review.
       (2) Appeals.--For any personnel the Department determines 
     are ineligible to serve in an assignment due to an assignment 
     restriction or assignment review, a Security Appeal Panel 
     shall convene not later than 120 days of an appeal being 
     filed.
       (3) Entry-level bidding process.--The Department shall 
     include a description of the assignment review process and 
     critical human intelligence threat posts in a briefing to new 
     officers as part of their entry-level bidding process.
       (4) Point of contact.--The Department shall designate point 
     of contacts in the Bureau of Diplomatic Security and Bureau 
     of Global Talent Management to answer employee and Career 
     Development Officer questions about assignment restrictions, 
     assignment reviews, and preclusions.
       (e) Security Review Panel.--Not later than 90 days after 
     the date of the enactment of this Act, the Security Appeal 
     Panel shall be comprised of--
       (1) the head of an office responsible for human resources 
     or discrimination who reports directly to the Secretary;
       (2) the Principal Deputy Assistant Secretary for the Bureau 
     of Global Talent Management;
       (3) the Principal Deputy Assistant Secretary for the Bureau 
     of Intelligence and Research;
       (4) an Assistant Secretary or Deputy, or equivalent, from a 
     third bureau as designated by the Under Secretary for 
     Management;
       (5) a representative from the geographic bureau to which 
     the restriction applies; and
       (6) a representative from the Office of the Legal Adviser 
     and a representative from the Bureau of Diplomatic Security, 
     who shall serve as non-voting advisors.
       (f) Appeal Rights.--Section 414(a) of the Department of 
     State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) 
     is amended by striking the first two sentences and inserting 
     ``The Secretary shall establish and maintain a right and 
     process for employees to appeal a decision related to an 
     assignment, based on a restriction, review, or preclusion. 
     Such right and process shall ensure that any such employee 
     shall have the same appeal rights as provided by the 
     Department regarding denial or revocation of a security 
     clearance.''.
       (g) FAM Update.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall amend all 
     relevant provisions of the Foreign Service Manual, and any 
     associated or related policies of the Department, to comply 
     with this section.

     SEC. 6111. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE 
                   INSTRUCTORS.

       The Secretary shall ensure that all instructors at the 
     Foreign Service Institute, including direct hires and 
     contractors, who provide language instruction are--
       (1) subject to suitability reviews and background 
     investigations; and
       (2) subject to continuous vetting or reinvestigations to 
     the extend consistent with Department and Executive policy 
     for other Department personnel.

     SEC. 6112. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.

       (a) In General.--Section 47 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2719) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) Diplomatic Security Fellowship Programs.--
       ``(1) Establishment.--The Secretary of State, working 
     through the Assistant Secretary for Diplomatic Security, 
     shall establish Diplomatic Security fellowship programs to 
     provide grants to United States nationals pursuing 
     undergraduate studies who commit to pursuing a career as a 
     special agent, security engineering officer, or in the civil 
     service in the Bureau of Diplomatic Security.
       ``(2) Rulemaking.--The Secretary shall promulgate 
     regulations for the administration of Diplomatic Security 
     fellowship programs that set forth--
       ``(A) the eligibility requirements for receiving a grant 
     under this subsection;
       ``(B) the process by which eligible applicants may request 
     such a grant;
       ``(C) the maximum amount of such a grant; and

[[Page S2877]]

       ``(D) the educational progress to which all grant 
     recipients are obligated.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $2,000,000 for each of fiscal years 2024 
     through 2028 to carry out this section.

     SEC. 6113. VICTIMS RESOURCE ADVOCACY PROGRAM.

       (a) Investigation Authority.--The Secretary is authorized 
     to investigate violations of chapter 77 of title 18, United 
     States Code.
       (b) Funding for Human Trafficking Victims and Dependents.--
     The Secretary is authorized to fund costs, including through 
     the Diplomatic Security Service, Victims' Resource Advocacy 
     Program, to support basic care and resource needs for victims 
     of trafficking in persons and their dependents, who are 
     involved in matters under Diplomatic Security Service 
     investigation.

     SEC. 6114. AUTHORITY FOR SPECIAL AGENTS TO INVESTIGATE 
                   TRAFFICKING IN PERSONS VIOLATIONS.

       Section 37(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2709(a)) is amended--
       (1) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) violations of chapter 77 of title 18, United States 
     Code; or''.

                     TITLE LXII--PERSONNEL MATTERS

             Subtitle A--Hiring, Promotion, and Development

     SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.

       Section 603(b) of the Foreign Service Act of 1980 (22 
     U.S.C. 4003(b)) is amended--
       (1) by redesignating paragraph (2), (3), and (4) as 
     paragraphs (7), (8), and (9), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) experience serving at an international organization, 
     multilateral institution, or engaging in multinational 
     negotiations;
       ``(3) willingness to serve in hardship posts overseas or 
     across geographically distinct regions;
       ``(4) experience advancing policies or developing expertise 
     that enhance the United States' competitiveness with regard 
     to critical and emerging technologies;
       ``(5) willingness to participate in appropriate and 
     relevant professional development opportunities offered by 
     the Foreign Service Institute or other educational 
     institutions associated with the Department;
       ``(6) willingness to enable and encourage subordinates at 
     various levels to avail themselves of appropriate and 
     relevant professional development opportunities offered by 
     the Foreign Service Institute or other educational 
     institutions associated with the Department;''.

     SEC. 6202. HIRING AUTHORITIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should possess hiring authorities to 
     enable recruitment of individuals representative of the 
     nation with special skills needed to address 21st century 
     diplomacy challenges; and
       (2) the Secretary shall conduct a survey of hiring 
     authorities held by the Department to identify--
       (A) hiring authorities already authorized by Congress;
       (B) others authorities granted through Presidential decree 
     or executive order; and
       (C) any authorities needed to enable recruitment of 
     individuals with the special skills described in paragraph 
     (1).
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that includes a 
     description of all existing hiring authorities and 
     legislative proposals on any new needed authorities.
       (c) Special Hiring Authority.--For an initial period of not 
     more than 3 years after the date of the enactment of this 
     Act, the Secretary may appoint, without regard to the 
     provisions of sections 3309 through 3318 of title 5, United 
     States Code, candidates directly to positions in the 
     competitive service at the Department, as defined in section 
     2102 of that title, in the following occupational series: 
     1560 Data Science, 2210 Information Technology Management, 
     and 0201 Human Resources Management.

     SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT 
                   INTERNS.

       For up to 2 years following the end of a compensated 
     internship at the Department or the United States Agency for 
     International Development, the Department or USAID may offer 
     employment to up to 25 such interns and appoint them directly 
     to positions in the competitive service, as defined in 
     section 2102 of title 5, United States Code, without regard 
     to the provisions of sections 3309 through 3318 of such 
     title.

     SEC. 6204. LATERAL ENTRY PROGRAM.

       (a) In General.--Section 404 of the Department of State 
     Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130 
     Stat. 1928) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``3-
     year'' and inserting ``5-year'';
       (B) in paragraph (5), by striking ``; and'';
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following new paragraphs:
       ``(7) does not include the use of Foreign Service-Limited 
     or other noncareer Foreign Service hiring authorities; and
       ``(8) includes not fewer than 30 participants for each year 
     of the pilot program.''; and
       (2) by adding at the end the following new subsection:
       ``(e) Certification.--If the Secretary does not commence 
     the lateral entry program within 180 days after the date of 
     the enactment of this subsection, the Secretary shall submit 
     a report to the appropriate congressional committees--
       ``(1) certifying that progress is being made on 
     implementation of the pilot program and describing such 
     progress, including the date on which applicants will be able 
     to apply;
       ``(2) estimating the date by which the pilot program will 
     be fully implemented;
       ``(3) outlining how the Department will use the Lateral 
     Entry Program to fill needed skill sets in key areas such as 
     cyberspace, emerging technologies, economic statecraft, 
     multilateral diplomacy, and data and other sciences.''.

     SEC. 6205. MID-CAREER MENTORING PROGRAM.

       (a) Authorization.--The Secretary, in collaboration with 
     the Director of the Foreign Service Institute, is authorized 
     to establish a Mid-Career Mentoring Program (referred to in 
     this section as the ``Program'') for employees who have 
     demonstrated outstanding service and leadership.
       (b) Selection.--
       (1) Nominations.--The head of each bureau shall 
     semiannually nominate participants for the Program from a 
     pool of applicants in the positions described in paragraph 
     (2)(B), including from posts both domestically and abroad.
       (2) Submission of slate of nominees to secretary.--The 
     Director of the Foreign Service Institute, in consultation 
     with the Director General of the Foreign Service, shall 
     semiannually--
       (A) vet the nominees most recently nominated pursuant to 
     paragraph (1); and
       (B) submit to the Secretary a slate of applicants to 
     participate in the Program, who shall consist of at least--
       (i) 10 Foreign Service Officers and specialists classified 
     at the FS-03 or FS-04 level of the Foreign Service Salary 
     Schedule;
       (ii) 10 Civil Service employees classified at GS-12 or GS-
     13 of the General Schedule; and
       (iii) 5 Foreign Service Officers from the United States 
     Agency for International Development.
       (3) Final selection.--The Secretary shall select the 
     applicants who will be invited to participate in the Program 
     from the slate received pursuant to paragraph (2)(B) and 
     extend such an invitation to each selected applicant.
       (4) Merit principles.--Section 105 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3905) shall apply to nominations, 
     submissions to the Secretary, and selections for the Program 
     under this section.
       (c) Program Sessions.--
       (1) Frequency; duration.--All of the participants who 
     accept invitations extended pursuant to subsection (b)(3) 
     shall meet 3 to 4 times per year for training sessions with 
     high-level leaders of the Department and USAID, including 
     private group meetings with the Secretary and the 
     Administrator of the United States Agency for International 
     Development.
       (2) Themes.--Each session referred to in paragraph (1) 
     shall focus on specific themes developed jointly by the 
     Foreign Service Institute and the Executive Secretariat 
     focused on substantive policy issues and leadership 
     practices.
       (d) Mentoring Program.--The Secretary and the Administrator 
     each shall establish a mentoring and coaching program that 
     pairs a senior leader of the Department or USAID with each of 
     the program participants who complete the Program during the 
     1-year period immediately following their participation in 
     the Program.
       (e) Annual Report.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     three years, the Secretary shall submit a report to the 
     appropriate congressional committees that describes the 
     activities of the Program during the most recent year and 
     includes disaggregated demographic data on participants in 
     the Program.

     SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE 
                   PROGRAM .

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary shall submit a report to the 
     appropriate congressional committees that includes--
       (1) the average pass and fail rates for language programs 
     at the Foreign Service Institute disaggregated by language 
     during the 5-year period immediately preceding the date of 
     the enactment of this Act;
       (2) the number of language instructors at the Foreign 
     Service Institute, and a comparison of the instructor/student 
     ratio in the language programs at the Foreign Service 
     Institute disaggregated by language;
       (3) salaries for language instructors disaggregated by 
     language, and a comparison to salaries for instructors 
     teaching languages in comparable employment;
       (4) recruitment and retention plans for language 
     instructors, disaggregated by language where necessary and 
     practicable; and
       (5) any plans to increase pass rates for languages with 
     high failure rates.

     SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS 
                   OF MISSIONS.

       Section 304(b) of the Foreign Service Act of 1980 (22 
     U.S.C. 3944) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and

[[Page S2878]]

       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The Secretary shall also furnish to the President, on 
     an annual basis and to assist the President in selecting 
     qualified candidates for appointments or assignments as chief 
     of mission, the names of between 5 and 10 career civil 
     servants serving at the Department of State or the United 
     States Agency for International Development who are qualified 
     to serve as chiefs of mission, together with pertinent 
     information about such individuals.''.

     SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.

       (a) Establishment of Pilot Rotational Program for Civil 
     Service.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall establish a 
     program to provide qualified civil servants serving at the 
     Department an opportunity to serve at a United States 
     embassy, including identifying criteria and an application 
     process for such program.
       (b) Program.--The program established under this section 
     shall--
       (1) provide at least 20 career civil servants the 
     opportunity to serve for 2 to 3 years at a United States 
     embassy to gain additional skills and experience;
       (2) offer such civil servants the opportunity to serve in a 
     political or economic section at a United States embassy; and
       (3) include clear and transparent criteria for eligibility 
     and selection, which shall include a minimum of 5 years of 
     service at the Department.
       (c) Subsequent Position and Promotion.--Following a 
     rotation at a United States embassy pursuant to the program 
     established by this section, participants in the program must 
     be afforded, at minimum, a position equivalent in seniority, 
     compensation, and responsibility to the position occupied 
     prior serving in the program. Successful completion of a 
     rotation at a United States embassy shall be considered 
     favorably with regard to applications for promotion in civil 
     service jobs at the Department.
       (d) Implementation.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary shall identify 
     not less than 20 positions in United States embassies for the 
     program established under this section and offered at least 
     20 civil servants the opportunity to serve in a rotation at a 
     United States embassy pursuant to this section.

     SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.

       Not later than 30 days following the end of each calendar 
     quarter, the Secretary shall submit to the appropriate 
     congressional committees--
       (1) a list of every chief of mission or United States 
     representative overseas with the rank of Ambassador who, 
     during the prior quarter, was outside a country of assignment 
     for more than 14 cumulative days for purposes other than 
     official travel or temporary duty orders; and
       (2) the number of days each such chief of mission or United 
     States representative overseas with the rank of Ambassador 
     was outside a country of assignment during the previous 
     quarter for purposes other than official travel or temporary 
     duty orders.

     SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF 
                   MISSION.

       Not later than April 1, 2024, and annually thereafter for 
     the next 4 years, the Secretary shall submit to the 
     appropriate congressional committees a report that includes--
       (1) the Foreign Service cone of each current chief of 
     mission and deputy chief of mission (or whoever is acting in 
     the capacity of chief or deputy chief if neither is present) 
     for each United States embassy at which there is a Foreign 
     Service office filling either of those positions; and
       (2) aggregated data for all chiefs of mission and deputy 
     chiefs of mission described in paragraph (1), disaggregated 
     by cone.

     SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR REEMPLOYMENT 
                   BY DEPARTMENT.

       (a) No Termination or Reduction of Retirement Annuity or 
     Pay for Reemployment.--Notwithstanding section 824 of the 
     Foreign Service Act of 1980 (22 U.S.C. 4064), if a covered 
     annuitant becomes employed by the Department--
       (1) the payment of any retirement annuity, retired pay, or 
     retainer pay otherwise payable to the covered annuitant shall 
     not terminate; and
       (2) the amount of the retirement annuity, retired pay, or 
     retainer pay otherwise payable to the covered annuitant shall 
     not be reduced.
       (b) Covered Annuitant Defined.--In this section, the term 
     ``covered annuitant'' means any individual who is receiving a 
     retirement annuity under--
       (1) the Foreign Service Retirement and Disability System 
     under subchapter I of chapter 8 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 4041 et seq.); or
       (2) the Foreign Service Pension System under subchapter II 
     of such chapter (22 U.S.C. 4071 et seq.).

     SEC. 6212. ENHANCED VETTING FOR SENIOR DIPLOMATIC POSTS.

       (a) Comprehensive Policy on Vetting and Transparency.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary shall develop a consistent and enhanced 
     vetting process to ensure that individuals with substantiated 
     claims of discrimination, harassment, or bullying are not 
     considered for assignments to senior positions.
       (b) Elements of Comprehensive Vetting Policy.--Following 
     the conclusion of any investigation into an allegation of 
     discrimination, harassment, or bullying, the Office of Civil 
     Rights, Bureau of Global Talent Management, and other offices 
     with responsibilities related to the investigation reporting 
     directly to the Secretary shall jointly or individually 
     submit a written summary of any findings of any substantiated 
     allegations, along with a summary of findings to the 
     Committee responsible for assignments to senior positions 
     prior to such Committee rendering a recommendation for 
     assignment.
       (c) Response.--The Secretary shall develop a process for 
     candidates to respond to any allegations that are 
     substantiated and presented to the Committee responsible for 
     assignments to senior positions.
       (d) Annual Reports.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Secretary shall submit to the Department 
     workforce and the appropriate congressional committees a 
     report on the number of candidates confirmed for senior 
     diplomatic posts against whom there were found to have been 
     substantiated allegations.
       (e) Senior Positions Defined.--In this section, the term 
     ``senior positions'' means Chief of Mission, Deputy Assistant 
     Secretary, Deputy Chief of Mission, and Principal Officer 
     (i.e. Consuls General) positions.

     SEC. 6213. EFFORTS TO IMPROVE RETENTION AND PREVENT 
                   RETALIATION.

       (a) Streamlined Reporting.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     establish a single point of initial reporting for allegations 
     of discrimination, bullying, and harassment that provides an 
     initial review of the allegations and, if necessary, the 
     ability to file multiple claims based on a single complaint.
       (b) Ensuring Implementation of Corrective Action and 
     Management Recommendations.--The Secretary shall ensure 
     follow up with each complainant who makes an allegation of 
     discrimination, harassment, or bullying pursuant to 
     subsection (a) and the head of the respective bureau not 
     later than 180 days after the conclusion of any investigation 
     where an allegation is substantiated, and again one year 
     after the conclusion of any such investigation, to ensure 
     that any recommendations for corrective action related to the 
     complainant have been acted on where appropriate. If such 
     recommendations have not be implemented, a written statement 
     shall be provided to the head of the bureau and complainant 
     and affected employees explaining why the recommendations 
     have not been implemented.
       (c) Climate Surveys of Employees of the Department.--
       (1) Required biennial surveys.--Not later than 180 days 
     after the date of the enactment of this Act and every 2 years 
     thereafter, the Secretary shall conduct a Department-wide 
     survey of all Department personnel regarding harassment, 
     discrimination, bullying, and related retaliation that 
     includes workforce perspectives on the accessibility and 
     effectiveness of the Bureau of Global Talent Management and 
     Office of Civil Rights in the efforts and processes to 
     address these issues.
       (2) Required annual surveys.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall conduct an annual employee satisfaction 
     survey to assess the level of job satisfaction, work 
     environment, and overall employee experience within the 
     Department.
       (B) Open-ended responses.--The survey required under 
     subparagraph (A) shall include options for open-ended 
     responses.
       (C) Survey questions.--The survey shall include questions 
     regarding--
       (i) work-life balance;
       (ii) compensation and benefits;
       (iii) career development opportunities;
       (iv) the performance evaluation and promotion process, 
     including fairness and transparency;
       (v) communication channels and effectiveness;
       (vi) leadership and management;
       (vii) organizational culture;
       (viii) awareness and effectiveness of complaint measures;
       (ix) accessibility and accommodations;
       (x) availability of transportation to and from a work 
     station;
       (xi) information technology infrastructure functionality 
     and accessibility;
       (xii) the employee's understanding of the Department's 
     structure, mission, and goals;
       (xiii) alignment and relevance of work to the Department's 
     mission; and
       (xiv) sense of empowerment to affect positive change.
       (3) Required exit surveys.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall develop and 
     implement a standardized, confidential exit survey process 
     that includes anonymous feedback and exit interviews with 
     employees who voluntarily separate from the Department, 
     whether through resignation, retirement, or other means.
       (B) Scope.--The exit surveys conducted pursuant to 
     subparagraph (A)shall--
       (i) be designed to gather insights and feedback from 
     departing employees regarding--

       (I) their reasons for leaving, including caretaking 
     responsibilities, career limitations for partner or spouse, 
     and discrimination, harassment, bullying, or retaliation;

[[Page S2879]]

       (II) their overall experience with the Department; and
       (III) any suggestions for improvement; and

       (ii) include questions related to--

       (I) the employee's reasons for leaving;
       (II) job satisfaction;
       (III) work environment;
       (IV) professional growth opportunities;
       (V) leadership effectiveness;
       (VI) suggestions for enhancing the Department's 
     performance; and
       (VII) if applicable, the name and industry of the 
     employee's future employer.

       (C) Compilation of results.--The Secretary shall compile 
     and analyze the anonymized exit survey data collected 
     pursuant to this paragraph to identify trends, common themes, 
     and areas needing improvement within the Department.
       (4) Pilot surveys.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall conduct a 
     Department-wide survey for Locally Employed Staff regarding 
     retention, training, promotion, and other matters, including 
     harassment, discrimination, bullying, and related 
     retaliation, that includes workforce perspectives on the 
     accessibility and effectiveness of complaint measures.
       (5) Report.--Not later than 60 days after the conclusion of 
     each survey conducted pursuant to this subsection, the 
     Secretary shall make the key findings available to the 
     Department workforce and shall submit them to the appropriate 
     congressional committees.
       (d) Retaliation Prevention Efforts.--
       (1) Employee evaluation.--
       (A) In general.--If there is a pending investigation of 
     discrimination, bullying, or harassment against a superior 
     who is responsible for rating or reviewing the complainant 
     employee, the complainant shall be reviewed by the superior's 
     supervisor.
       (B) Effective date.--This paragraph shall take effect 90 
     days after the date of the enactment of this Act.
       (2) Retaliation prevention guidance.--Any Department 
     employee against whom an allegation of discrimination, 
     bullying, or harassment has been made shall receive written 
     guidance (a ``retaliation hold'') on the types of actions 
     that can be considered retaliation against the complainant 
     employee. The employee's immediate supervisor shall also 
     receive the retaliation hold guidance.

     SEC. 6214. NATIONAL ADVERTISING CAMPAIGN.

       Not later than 270 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees that assesses the 
     potential benefits and costs of a national advertising 
     campaign to improve the recruitment in the Civil Service and 
     the Foreign Service by raising public awareness of the 
     important accomplishments of the Department.

     SEC. 6215. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.

       Not later than two years after the date of the enactment of 
     this Act--
       (1) the Secretary shall increase the number of diplomats in 
     the Diplomats in Residence Program from 17 to at least 20; 
     and
       (2) the Administrator of the United States Agency for 
     International Development shall increase the number of 
     development diplomats in the Diplomats in Residence Program 
     from 1 to at least 3.

            Subtitle B--Pay, Benefits, and Workforce Matters

     SEC. 6221. EDUCATION ALLOWANCE.

       (a) In General.--Chapter 9 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 908. EDUCATION ALLOWANCE.

       ``A Department employee who is on leave to perform service 
     in the uniformed services (as defined in section 4303(13) of 
     title 38, United States Code) may receive an education 
     allowance if the employee would, if not for such service, be 
     eligible to receive the education allowance.''.
       (b) Clerical Amendment.--The table of contents in section 2 
     of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is 
     amended by inserting after the item relating to section 907 
     the following:

``Sec. 908. Education allowance''.

     SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE 
                   FOREIGN SERVICE.

       (a) Per Diem Allowance.--
       (1) In general.--Except as provided in paragraph (2), any 
     newly hired Foreign Service employee who is in initial 
     orientation training, or any other training expected to last 
     less than 6 months before transferring to the employee's 
     first assignment, in the Washington, D.C., area shall, for 
     the duration of such training, receive a per diem allowance 
     at the levels prescribed under subchapter I of chapter 57 of 
     title 5, United States Code.
       (2) Limitation on lodging expenses.--A newly hired Foreign 
     Service employee may not receive any lodging expenses under 
     the applicable per diem allowance pursuant to paragraph (1) 
     if that employee--
       (A) has a permanent residence in the Washington, D.C., area 
     (not including Government-supplied housing during such 
     orientation training or other training); and
       (B) does not vacate such residence during such orientation 
     training or other training.
       (b) Definitions.--In this section--
       (1) the term ``per diem allowance'' has the meaning given 
     that term under section 5701 of title 5, United States Code; 
     and
       (2) the term ``Washington, D.C., area'' means the 
     geographic area within a 50 mile radius of the Washington 
     Monument.

     SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND 
                   CIVIL SERVANTS.

       (a) Additional Personnel to Address Mental Health.--
       (1) In general.--The Secretary shall seek to increase the 
     number of personnel within the Bureau of Medical Services to 
     address mental health needs for both foreign and civil 
     servants.
       (2) Employment targets.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall seek 
     to employ not fewer than 15 additional personnel in the 
     Bureau of Medical Services, compared to the number of 
     personnel employed as of the date of the enactment of this 
     Act.
       (b) Study.--The Secretary shall conduct a study on the 
     accessibility of mental health care providers and services 
     available to Department personnel, including an assessment 
     of--
       (1) the accessibility of mental health care providers at 
     diplomatic posts and in the United States;
       (2) the accessibility of inpatient services for mental 
     health care for Department personnel;
       (3) steps that may be taken to improve such accessibility;
       (4) the impact of the COVID-19 pandemic on the mental 
     health of Department personnel, particularly those who served 
     abroad between March 1, 2020, and December 31, 2022, and 
     Locally Employed Staff, where information is available;
       (5) recommended steps to improve the manner in which the 
     Department advertises mental health services to the 
     workforce; and
       (6) additional authorities and resources needed to better 
     meet the mental health needs of Department personnel.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to 
     appropriate congressional committees a report containing the 
     findings of the study under subsection (b).

     SEC. 6224. EMERGENCY BACK-UP CARE.

       (a) In General.--The Secretary and the Administrator for 
     the United States Agency for International Development are 
     authorized to provide for unanticipated non-medical care, 
     including childcare, eldercare, and essential services 
     directly related to caring for an acute injury or illness, 
     for USAID and Department employees and their family members, 
     including through the provision of such non-medical services, 
     referrals to care providers, and reimbursement of reasonable 
     expenses for such services.
       (b) Limitation.--Services provided pursuant to this section 
     shall not exceed $2,000,000 per fiscal year.

     SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON-CHIEF OF 
                   MISSION PERSONNEL.

       Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 
     4084) is amended--
       (1) in subsection (g), by striking ``abroad for employees 
     and eligible family members'' and inserting ``under this 
     section''; and
       (2) by adding at the end the following new subsection:
       ``(a) Physical and Mental Health Care Services in Special 
     Circumstances.--
       ``(1) In general.--The Secretary is authorized to direct 
     health care providers employed under subsection (c) of this 
     section to furnish physical and mental health care services 
     to an individual otherwise ineligible for services under this 
     section if necessary to preserve life or limb or if intended 
     to facilitate an overseas evacuation, recovery, or return. 
     Such services may be provided incidental to the following 
     activities:
       ``(A) Activities undertaken abroad pursuant to section 3 
     and section 4 of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2670, 2671).
       ``(B) Recovery of hostages or of wrongfully or unlawfully 
     detained individuals abroad, including pursuant to section 
     302 of the Robert Levinson Hostage Recovery and Hostage-
     Taking Accountability Act (22 U.S.C. 1741).
       ``(C) Secretarial dispatches to international disaster 
     sites deployed pursuant to section 207 of the Aviation 
     Security Improvement Act of 1990 (22 U.S.C. 5506).
       ``(D) Deployments undertaken pursuant to section 
     606(a)(6)(A)(iii) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(6)(A)(iii)).
       ``(2) Prioritization of other functions.--The Secretary 
     shall prioritize the allocation of Department resources to 
     the health care program described in subsections (a) through 
     (g) above the functions described in paragraph (1).
       ``(3) Regulations.--The Secretary should prescribe 
     applicable regulations to implement this section, taking into 
     account the prioritization in paragraph (2) and the 
     activities described in paragraph (1).
       ``(4) Reimbursable basis.--Services rendered under this 
     subsection shall be provided on a reimbursable basis to the 
     extent practicable.''.

     SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR 
                   TRANSPORTATION.

       (a) Reducing Hardship for Transportation of Domestic 
     Animals.--
       (1) In general.--Notwithstanding subsections (a) and (c) of 
     section 40118 of title 49, United States Code, the Department 
     is authorized to pay for the transportation by a foreign air 
     carrier of Department personnel and any in-cabin or 
     accompanying checked baggage or cargo if--

[[Page S2880]]

       (A) no air carrier holding a certificate under section 
     41102 of such title is willing and able to transport up to 3 
     domestic animals accompanying such Federal personnel; and
       (B) the transportation is from a place--
       (i) outside the United States to a place in the United 
     States;
       (ii) in the United States to a place outside the United 
     States; or
       (iii) outside the United States to another place outside 
     the United States.
       (2) Limitation.--An amount paid pursuant to paragraph (1) 
     for transportation by a foreign carrier may not be greater 
     than the amount that would otherwise have been paid had the 
     transportation been on an air carrier holding a certificate 
     under section 41102 had that carrier been willing and able to 
     provide such transportation. If the amount that would 
     otherwise have been paid to such an air carrier is less than 
     the cost of transportation on the applicable foreign carrier, 
     the Department personnel may pay the difference of such 
     amount.
       (3) Domestic animal defined.--In this subsection, the term 
     ``domestic animal'' means a dog or a cat.

     SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED 
                   STAFF DURING EMERGENCIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) locally employed staff provide essential contributions 
     at United States diplomatic and consular posts around the 
     world, including by providing--
       (A) security to United States government personnel serving 
     in the country;
       (B) advice, expertise, and other services for the promotion 
     of political, economic, public affairs, commercial, security, 
     and other interests of critical importance to the United 
     States;
       (C) a wide range of logistical and administrative support 
     to every office in each mission working to advance United 
     States interests around the world, including services and 
     support vital to the upkeep and maintenance of United States 
     missions;
       (D) consular services to support the welfare and well-being 
     of United States citizens and to provide for the expeditious 
     processing of visa applications;
       (E) institutional memory on a wide range of embassy 
     engagements on bilateral issues; and
       (F) enduring connections to host country contacts, both 
     inside and outside the host government, including within 
     media, civil society, the business community, academia, the 
     armed forces, and elsewhere; and
       (2) locally employed staff make important contributions 
     that should warrant the United States Government to give due 
     consideration for their security and safety when diplomatic 
     missions face emergency situations.
       (b) Authorization to Provide Emergency Support.--In 
     emergency situations, in addition to other authorities that 
     may be available in emergencies or other exigent 
     circumstances, the Secretary is authorized to use funds made 
     available to the Department to provide support to ensure the 
     safety and security of locally employed staff and their 
     immediate family members, including for--
       (1) providing transport or relocating locally employed 
     staff and their immediate family members to a safe and secure 
     environment;
       (2) providing short-term housing or lodging for up to six 
     months for locally employed staff and their immediate family 
     members;
       (3) procuring or providing other essential items and 
     services to support the safety and security of locally 
     employed staff and their immediate family members.
       (c) Temporary Housing.--To ensure the safety and security 
     of locally employed staff and their immediate family members 
     consistent with this section, Chiefs of Missions are 
     authorized to allow locally employed staff and their 
     immediate family members to reside temporarily in the 
     residences of United States direct hire employees, either in 
     the host country or other countries, provided that such stays 
     are offered voluntarily by United States direct hire 
     employees.
       (d) Foreign Affairs Manual.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     amend the Foreign Affairs Manual to reflect the 
     authorizations and requirements of this section.
       (e) Emergency Situation Defined.--In this section, the term 
     ``emergency situation'' means armed conflict, civil unrest, 
     natural disaster, or other types of instability that pose a 
     threat to the safety and security of locally employed staff, 
     particularly when and if a United States diplomatic or 
     consular post must suspend operations.
       (f) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report 
     describing prior actions the Department has taken with regard 
     to locally employed staff and their immediate family members 
     following suspensions or closures of United States diplomatic 
     posts over the prior 10 years, including Kyiv, Kabul, Minsk, 
     Khartoum, and Juba.
       (2) Elements.--The report required under paragraph (1) 
     shall--
       (A) describe any actions the Department took to assist 
     locally employed staff and their immediate family members;
       (B) identify any obstacles that made providing support or 
     assistance to locally employed staff and their immediate 
     family members difficult;
       (C) examine lessons learned and propose recommendations to 
     better protect the safety and security of locally employed 
     staff and their family members, including any additional 
     authorities that may be required; and
       (D) provide an analysis of and offer recommendations on any 
     other steps that could improve efforts to protect the safety 
     and security of locally employed staff and their immediate 
     family members.

     SEC. 6228. INTERNET AT HARDSHIP POSTS.

        Section 3 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2670) is amended--
       (1) in subsection (l), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subsection (m) by striking the period at the end and 
     by inserting ``; and''; and
       (3) by adding at the end the following new subsection:
       ``(n) pay expenses to provide internet services in 
     residences owned or leased by the United States Government in 
     foreign countries for the use of Department personnel where 
     Department personnel receive a post hardship differential 
     equivalent to 30 percent or more above basic compensation.''.

     SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN.

       (a) Establishment and Implementation of Prevailing Wage 
     Rates Goal.--Section 401(a) of the Department of State 
     Authorities Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is 
     amended in the matter preceding paragraph (1), by striking 
     ``periodically'' and inserting ``every 3 years''.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that includes--
       (1) compensation (including position classification) plans 
     for locally employed staff based upon prevailing wage rates 
     and compensation practices for corresponding types of 
     positions in the locality of employment; and
       (2) an assessment of the feasibility and impact of changing 
     the prevailing wage rate goal for positions in the local 
     compensation plan from the 50th percentile to the 75th 
     percentile.

     SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOREIGN SERVICE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) challenges finding and maintaining spousal employment 
     and family dissatisfaction are one of the leading reasons 
     employees cite for leaving the Department;
       (2) tandem Foreign Service personnel represent important 
     members of the Foreign Service community, who act as force 
     multipliers for our diplomacy;
       (3) the Department can and should do more to keep tandem 
     couples posted together and consider family member employment 
     needs when assigning tandem officers; and
       (4) common sense steps providing more flexibility in the 
     assignments process would improve outcomes for tandem 
     officers without disadvantaging other Foreign Service 
     officers.
       (b) Definitions.--In this section:
       (1) Family togetherness.--The term ``family togetherness'' 
     means facilitating the placement of Foreign Service personnel 
     at the same United States diplomatic post when both spouses 
     are members of a tandem couple of Foreign Service personnel.
       (2) Tandem foreign service personnel; tandem.--The terms 
     ``tandem Foreign Service personnel'' and ``tandem'' mean a 
     member of a couple of which one spouse is a career or career 
     candidate employee of the Foreign Service and the other 
     spouse is a career or career candidate employee of the 
     Foreign Service or an employee of one of the agencies 
     authorized to use the Foreign Service Personnel System under 
     section 202 of the Foreign Service Act of 1980 (22 U.S.C. 
     3922).
       (c) Family Togetherness in Assignments.--Not later than 90 
     days after the date of enactment of this Act, the Department 
     shall amend and update its policies to further promote the 
     principle of family togetherness in the Foreign Service, 
     which shall include the following:
       (1) Entry-level foreign service personnel.--The Secretary 
     shall adopt policies and procedures to facilitate the 
     assignment of entry-level tandem Foreign Service personnel on 
     directed assignments to the same diplomatic post or country 
     as their tandem spouse if they request to be assigned to the 
     same post or country. The Secretary shall also provide a 
     written justification to the requesting personnel explaining 
     any denial of a request that would result in a tandem couple 
     not serving together at the same post or country.
       (2) Tenured foreign service personnel.--The Secretary shall 
     add family togetherness to the criteria when making a needs 
     of the Service determination, as defined by the Foreign 
     Affairs Manual, for the placement of tenured tandem Foreign 
     Service personnel at United States diplomatic posts.
       (3) Updates to antinepotism policy.--The Secretary shall 
     update antinepotism policies so that nepotism rules only 
     apply when an employee and a relative are placed into 
     positions wherein they jointly and exclusively control 
     government resources, property, or money or establish 
     government policy.
       (4) Temporary supervision of tandem spouse.--The Secretary 
     shall update policies to allow for a tandem spouse to 
     temporarily

[[Page S2881]]

     supervise another tandem spouse for up to 90 days in a 
     calendar year, including at a United States diplomatic 
     mission.
       (d) Report.--Not later than 90 days after the date of 
     enactment of this Act, and annually thereafter for two years, 
     the Secretary shall submit to the appropriate congressional 
     committees a report that includes--
       (1) the number of Foreign Service tandem couples currently 
     serving;
       (2) the number of Foreign Service tandems currently serving 
     in separate locations, or, to the extent possible, are on 
     leave without pay (LWOP); and
       (3) an estimate of the cost savings that would result if 
     all Foreign Service tandem couples were placed at a single 
     post.

     SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Department shall submit to the appropriate 
     congressional committees, the Committee on Appropriations of 
     the Senate, and the Committee on Appropriations of the House 
     of Representatives a report that includes--
       (1) a list of the overseas United States diplomatic 
     missions that, as of the date of the enactment of this Act, 
     are not readily accessible to and usable by individuals with 
     disabilities;
       (2) any efforts in progress to make such missions readily 
     accessible to and usable by individuals with disabilities; 
     and
       (3) an estimate of the cost to make all such missions 
     readily accessible to and usable by individuals with 
     disabilities.

     SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report that includes--
       (1) a detailed report on the Department's efforts to equip 
     100 percent of United States embassies and consulates with 
     dedicated lactation spaces, other than bathrooms, that are 
     shielded from view and free from intrusion from coworkers and 
     the public for use by employees, including the expected 
     demand for such space as well as the status of such rooms 
     when there is no demand for such space; and
       (2) a description of costs and other resources needed to 
     provide such spaces.

     SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE 
                   TRANSFERS BETWEEN FOREIGN SERVICE OFFICERS.

       The Secretary shall assess the effectiveness of knowledge 
     transfers between Foreign Service officers who are departing 
     from overseas positions and Foreign Service Officers who are 
     arriving at such positions, and make recommendations for 
     approving such knowledge transfers, as appropriate, by--
       (1) not later than 90 days after the date of the enactment 
     of this Act, conducting a written survey of a representative 
     sample of Foreign Service Officers working in overseas 
     assignments that analyzes the effectiveness of existing 
     mechanisms to facilitate transitions, including training, 
     mentorship, information technology, knowledge management, 
     relationship building, the role of locally employed staff, 
     and organizational culture; and
       (2) not later than 120 days after the date of the enactment 
     of this Act, submitting to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives a report that includes a summary and 
     analysis of results of the survey conducted pursuant to 
     paragraph (1) that--
       (A) identifies best practices and areas for improvement;
       (B) describes the Department's methodology for determining 
     which Foreign Service Officers should receive familiarization 
     trips before arriving at a new post;
       (C) includes recommendations regarding future actions the 
     Department should take to maximize effective knowledge 
     transfer between Foreign Service Officers;
       (D) identifies any steps taken, or intended to be taken, to 
     implement such recommendations, including any additional 
     resources or authorities necessary to implement such 
     recommendations; and
       (E) provides recommendations to Congress for legislative 
     action to advance the priority described in subparagraph (C).

     SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT 
                   OF STATE EMPLOYEES LOCATED IN UNITED STATES 
                   TERRITORIES.

       (a) In General.--An individual employed by the Department 
     at a location described in subsection (b) shall be eligible 
     for a cost-of-living allowance for the education of the 
     dependents of such employee in an amount that does not exceed 
     the educational allowance authorized by the Secretary of 
     Defense for such location.
       (b) Location Described.--A location is described in this 
     subsection if--
       (1) such location is in a territory of the United States; 
     and
       (2) the Secretary of Defense has determined that schools 
     available in such location are unable to adequately provide 
     for the education of--
       (A) dependents of members of the Armed Forces; or
       (B) dependents of employees of the Department of Defense.

         TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

     SEC. 6301. DATA-INFORMED DIPLOMACY.

       (a) Findings.--Congress makes the following findings:
       (1) In a rapidly evolving and digitally interconnected 
     global landscape, access to and maintenance of reliable, 
     readily available data is key to informed decisionmaking and 
     diplomacy and therefore should be considered a strategic 
     asset.
       (2) In order to achieve its mission in the 21st century, 
     the Department must adapt to these trends by maintaining and 
     providing timely access to high-quality data at the time and 
     place needed, while simultaneously cultivating a data-savvy 
     workforce.
       (3) Leveraging data science and data analytics has the 
     potential to improve the performance of the Department's 
     workforce by providing otherwise unknown insights into 
     program deficiencies, shortcomings, or other gaps in 
     analysis.
       (4) While innovative technologies such as artificial 
     intelligence and machine learning have the potential to 
     empower the Department to analyze and act upon data at scale, 
     systematized, sustainable data management and information 
     synthesis remain a core competency necessary for data-driven 
     decisionmaking.
       (5) The goals set out by the Department's Enterprise Data 
     Council (EDC) as the areas of most critical need for the 
     Department, including Cultivating a Data Culture, 
     Accelerating Decisions through Analytics, Establishing 
     Mission-Driven Data Management, and Enhancing Enterprise Data 
     Governance, are laudable and will remain critical as the 
     Department develops into a data-driven agency.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should prioritize the recruitment and 
     retainment of top data science talent in support of its data-
     informed diplomacy efforts as well as its broader 
     modernization agenda; and
       (2) the Department should strengthen data fluency among its 
     workforce, promote data collaboration across and within its 
     bureaus, and enhance its enterprise data oversight.

     SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF 
                   DATA OFFICER PROGRAM.

       (a) Bureau Chief Data Officer Program.--
       (1) Establishment.--The Secretary shall establish a 
     program, which shall be known as the ``Bureau Chief Data 
     Officer Program'' (referred to in this section as the 
     ``Program''), overseen by the Department's Chief Data 
     Officer. The Bureau Chief Data Officers hired under this 
     program shall report to the Department's Chief Data Officer.
       (2) Goals.--The goals of the Program shall include the 
     following:
       (A) Cultivating a data culture by promoting data fluency 
     and data collaboration across the Department.
       (B) Promoting increased data analytics use in critical 
     decisionmaking areas.
       (C) Promoting data integration and standardization.
       (D) Increasing efficiencies across the Department by 
     incentivizing acquisition of enterprise data solutions and 
     subscription data services to be shared across bureaus and 
     offices and within bureaus.
       (b) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives an 
     implementation plan that outlines strategies for--
       (1) advancing the goals described in subsection (a)(2);
       (2) hiring Bureau Chief Data Officers at the GS-14 or GS-15 
     grade or a similar rank;
       (3) assigning at least one Bureau Chief Data Officer to--
       (A) each regional bureau of the Department;
       (B) the Bureau of International Organization Affairs;
       (C) the Office of the Chief Economist;
       (D) the Office of the Science and Technology Advisor;
       (E) the Bureau of Cyber and Digital Policy;
       (F) the Bureau of Diplomatic Security;
       (G) the Bureau for Global Talent Management; and
       (H) the Bureau of Consular Affairs; and
       (4) allocation of necessary resources to sustain the 
     Program.
       (c) Assignment.--In implementing the Bureau Chief Data 
     Officer Program, Bureaus may not dual-hat currently employed 
     personnel as Bureau Chief Data Officers.
       (d) Annual Reporting Requirement.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter for the following 3 years, the Secretary shall 
     submit a report to the appropriate congressional committees 
     regarding the status of the implementation plan required 
     under subsection (b).

     SEC. 6303. TASK FORCE TO ADDRESS ARTIFICIAL INTELLIGENCE-
                   ENABLED INFLUENCE OPERATIONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the rapid development of publicly available, affordable 
     generative artificial intelligence (AI) technology, including 
     the use of large language models (LLM) to fuel natural 
     language processing applications, has the potential to 
     fundamentally alter the nature of disinformation and 
     propaganda campaigns by enabling finely tailored, auto-
     generated disinformation swiftly, in any language, at scale, 
     and at low-costs;
       (2) academia and private industry, including social media 
     platforms, play a critical role in establishing safeguards 
     for powerful, publicly available tools for producing AI-

[[Page S2882]]

     generated content, and it is in the United States national 
     security interest to ensure that these technologies are not 
     misused by foreign malign actors to enhance influence 
     operations abroad;
       (3) the ability to identify, track, and label original 
     text, audio, and visual content is becoming increasingly 
     vital to United States national interests as sophisticated 
     AI-generated content creation becomes increasingly available 
     to the public at low costs;
       (4) coalitions such as the Content Authenticity Initiative 
     (CAI) and the Coalition for Content Provenance and Authority 
     (C2PA) play important roles in establishing open industry 
     standards for content authenticity and digital content 
     provenance, which will become increasingly vulnerable to 
     manipulation and distortion through AI-powered tools; and
       (5) the Department, as the lead agency for United States 
     public diplomacy, should work within the interagency process 
     to develop a common approach to United States international 
     engagement on issues related to AI-enabled disinformation.
       (b) Statement of Policy.--It shall be the policy of the 
     United States--
       (1) to share knowledge with allies and partners of 
     instances when foreign state actors have leveraged generative 
     AI to augment disinformation campaigns or propaganda;
       (2) to work with private industry and academia to mitigate 
     the risks associated with public research on generative AI 
     technologies; and
       (3) to support efforts in developing digital content 
     provenance detection techniques and technologies in line with 
     United States national security interests.
       (c) Establishment of Countering AI-Enabled Disinformation 
     Task Force.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall establish 
     within the Department a Countering AI-Enabled Disinformation 
     Task Force (referred to in this section as the ``Task 
     Force'') to--
       (A) identify potential responses to the growing threat of 
     AI-enabled disinformation and its use by foreign state actors 
     to augment influence operations and disinformation campaigns;
       (B) work closely with private industry and academia to 
     identify and coordinate efforts in developing digital content 
     provenance detection techniques and technologies;
       (C) develop the Department's internal coordination across 
     regional and functional bureaus on the issue of AI-enabled 
     disinformation;
       (D) develop a unified approach to international 
     coordination on--
       (i) establishing standards around digital content 
     provenance techniques and technologies, specifically as it 
     relates to countering AI-enabled disinformation campaign; and
       (ii) assessing the potential for establishing frameworks 
     around the proliferation of tools that facilitate AI-enabled 
     disinformation; and
       (E) identify any additional tools or resources necessary to 
     enhance the Department's ability to--
       (i) detect AI-enabled foreign disinformation and 
     propaganda;
       (ii) rapidly produce original counter-messaging to address 
     AI-enabled disinformation campaigns;
       (iii) expand digital literacy programming abroad to include 
     education on how media consumers in recipient countries can 
     identify and inoculate themselves from synthetically produced 
     media; and
       (iv) coordinate and collaborate with other governments, 
     international organizations, civil society, the private 
     sector, and others, as necessary.
       (2) Membership.--The Task Force shall be comprised of a 
     representative from relevant offices, as determined by the 
     Secretary, including--
       (A) the Bureau of Cyberspace and Digital Policy;
       (B) the Under Secretary for Public Diplomacy and Public 
     Affairs;
       (C) the Global Engagement Center;
       (D) the Office of the Science and Technology Advisor to the 
     Secretary;
       (E) the Bureau of Oceans and International Environmental 
     and Scientific Affairs;
       (F) the Bureau for Intelligence and Research;
       (G) the Center for Analytics of the Office of Management 
     Strategy and Solutions;
       (H) the Foreign Service Institute School of Applied 
     Information Technology; and
       (I) any others the Secretary determines appropriate.
       (d) Task Force Report.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     a report to the appropriate congressional committees on the 
     establishment and progress of the Task Force's work, 
     including in pursuit of the objectives described in 
     subsection(c)(1).
       (e) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given that term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 
     note).
       (2) Digital content provenance.--The term ``digital content 
     provenance'' means the verifiable chronology of the origin 
     and history of a piece of digital content, such as an image, 
     video, audio recording, or electronic document.

     SEC. 6304. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE 
                   OFFICER OF THE DEPARTMENT OF STATE.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended by adding at the end the 
     following new subsection:
       ``(n) Chief Artificial Intelligence Officer.--
       ``(1) In general.--There shall be within the Department of 
     State a Chief Artificial Intelligence Officer, which may be 
     dual-hatted as the Department's Chief Data Officer, who shall 
     be a member of the Senior Executive Service.
       ``(2) Duties described.--The principal duties and 
     responsibilities of the Chief Artificial Intelligence Officer 
     shall be--
       ``(A) to evaluate, oversee, and, if appropriate, facilitate 
     the responsible adoption of artificial intelligence (AI) and 
     machine learning applications to help inform decisions by 
     policymakers and to support programs and management 
     operations of the Department of State; and
       ``(B) to act as the principal advisor to the Secretary of 
     State on the ethical use of AI and advanced analytics in 
     conducting data-informed diplomacy.
       ``(3) Qualifications.--The Chief Artificial Intelligence 
     Officer should be an individual with demonstrated skill and 
     competency in--
       ``(A) the use and application of data analytics, AI, and 
     machine learning; and
       ``(B) transformational leadership and organizational change 
     management, particularly within large, complex organizations.
       ``(4) Partner with the chief information officer on scaling 
     artificial intelligence use cases.--To ensure alignment 
     between the Chief Artificial Intelligence Officer and the 
     Chief Information Officer, the Chief Information Officer will 
     consult with the Chief Artificial Intelligence Officer on 
     best practices for rolling out and scaling AI capabilities 
     across the Bureau of Information and Resource Management's 
     broader portfolio of software applications.
       ``(5) Artificial intelligence defined.--In this subsection, 
     the term `artificial intelligence' has the meaning given the 
     term in section 238(g) of the National Defense Authorization 
     Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 
     note).''.

     SEC. 6305. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE 
                   DEPARTMENT OF STATE.

       (a) In General.--The Chief Information Officer of the 
     Department shall be consulted on all decisions to approve or 
     disapprove, significant new unclassified information 
     technology expenditures, including software, of the 
     Department, including expenditures related to information 
     technology acquired, managed, and maintained by other bureaus 
     and offices within the Department, in order to--
       (1) encourage the use of enterprise software and 
     information technology solutions where such solutions exist 
     or can be developed in a timeframe and manner consistent with 
     maintaining and enhancing the continuity and improvement of 
     Department operations;
       (2) increase the bargaining power of the Department in 
     acquiring information technology solutions across the 
     Department;
       (3) reduce the number of redundant Authorities to Operate 
     (ATO), which, instead of using one ATO-approved platform 
     across bureaus, requires multiple ATOs for software use cases 
     across different bureaus;
       (4) enhance the efficiency, reduce redundancy, and increase 
     interoperability of the use of information technology across 
     the enterprise of the Department;
       (5) enhance training and alignment of information 
     technology personnel with the skills required to maintain 
     systems across the Department;
       (6) reduce costs related to the maintenance of, or 
     effectuate the retirement of, legacy systems;
       (7) ensure the development and maintenance of security 
     protocols regarding the use of information technology 
     solutions and software across the Department; and
       (8) improve end-user training on the operation of 
     information technology solutions and to enhance end-user 
     cybersecurity practices.
       (b) Strategy and Implementation Plan Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer of 
     the Department shall develop, in consultation with relevant 
     bureaus and offices as appropriate, a strategy and a 5-year 
     implementation plan to advance the objectives described in 
     subsection (a).
       (2) Consultation.--No later than one year after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall submit the strategy required by this subsection to the 
     appropriate congressional committees and shall consult with 
     the appropriate congressional committees, not less than on an 
     annual basis for 5 years, regarding the progress related to 
     the implementation plan required by this subjection.
       (c) Improvement Plan for the Bureau for Information 
     Resources Management.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Information Officer 
     shall develop policies and protocols to improve the customer 
     service orientation, quality and timely delivery of 
     information technology solutions, and training and support 
     for bureau and office-level information technology officers.
       (2) Survey.--Not later than one year after the date of the 
     enactment of this Act, and

[[Page S2883]]

     annually thereafter for five years, the Chief Information 
     Officer shall undertake a client satisfaction survey of 
     bureau information technology officers to obtain feedback on 
     metrics related to--
       (A) customer service orientation of the Bureau of 
     Information Resources Management;
       (B) quality and timelines of capabilities delivered;
       (C) maintenance and upkeep of information technology 
     solutions;
       (D) training and support for senior bureau and office-level 
     information technology officers; and
       (E) other matters which the Chief Information Officer, in 
     consultation with client bureaus and offices, determine 
     appropriate.
       (3) Submission of findings.--Not later than 60 days after 
     completing each survey required under paragraph (2), the 
     Chief Information Officer shall submit a summary of the 
     findings to the appropriate congressional committees.
       (d) Significant Expenditure Defined.--For purposes of this 
     section, the term ``significant expenditure'' means any 
     cumulative expenditure in excess of $250,000 total in a 
     single fiscal year for a new unclassified software or 
     information technology capability.

     SEC. 6306. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE 
                   GOVERNANCE.

        It is the sense of Congress that in order to modernize the 
     Department, enterprise-wide governance regarding budget and 
     finance, information technology, and the creation, analysis, 
     and use of data across the Department is necessary to better 
     align resources to strategy, including evaluating trade-offs, 
     and to enhance efficiency and security in using data and 
     technology as tools to inform and evaluate the conduct of 
     United States foreign policy.

     SEC. 6307. DIGITAL CONNECTIVITY AND CYBERSECURITY 
                   PARTNERSHIP.

       (a) Digital Connectivity and Cybersecurity Partnership.--
     The Secretary is authorized to establish a program, which may 
     be known as the ``Digital Connectivity and Cybersecurity 
     Partnership'', to help foreign countries--
       (1) expand and increase secure internet access and digital 
     infrastructure in emerging markets, including demand for and 
     availability of high-quality information and communications 
     technology (ICT) equipment, software, and services;
       (2) protect technological assets, including data;
       (3) adopt policies and regulatory positions that foster and 
     encourage open, interoperable, reliable, and secure internet, 
     the free flow of data, multi-stakeholder models of internet 
     governance, and pro-competitive and secure ICT policies and 
     regulations;
       (4) access United States exports of ICT goods and services;
       (5) expand interoperability and promote the diversification 
     of ICT goods and supply chain services to be less reliant on 
     PRC imports;
       (6) promote best practices and common standards for a 
     national approach to cybersecurity; and
       (7) advance other priorities consistent with paragraphs (1) 
     through (6), as determined by the Secretary.
       (b) Use of Funds.--Funds made available to carry out this 
     section, including unexpended funds from fiscal years 2018 
     through 2022, may be used to strengthen civilian 
     cybersecurity and information and communications technology 
     capacity, including participation of foreign law enforcement 
     and military personnel in non-military activities, 
     notwithstanding any other provision of law, provided that 
     such support is essential to enabling civilian and law 
     enforcement of cybersecurity and information and 
     communication technology related activities in their 
     respective countries.
       (c) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate congressional committees an implementation 
     plan for the coming year to advance the goals identified in 
     subsection (a).
       (d) Consultation.--In developing and operationalizing the 
     implementation plan required under subsection (c), the 
     Secretary shall consult with--
       (1) the appropriate congressional committees, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives;
       (2) United States industry leaders;
       (3) other relevant technology experts, including the Open 
     Technology Fund;
       (4) representatives from relevant United States Government 
     agencies; and
       (5) representatives from like-minded allies and partners.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000,000 for each of fiscal years 2024 
     through 2028 to carry out this section. Such funds, including 
     funds authorized to be appropriated under the heading 
     ``Economic Support Fund'', may be made available, 
     notwithstanding any other provision of law to strengthen 
     civilian cybersecurity and information and communications 
     technology capacity, including for participation of foreign 
     law enforcement and military personnel in non-military 
     activities, and for contributions. Such funds shall remain 
     available until expended.

     SEC. 6308. ESTABLISHMENT OF A CYBERSPACE, DIGITAL 
                   CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT) 
                   FUND.

       Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2301 et seq.) is amended by adding at the end the following 
     new chapter:

      ``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED 
                        TECHNOLOGIES (CDT) FUND

     ``SEC. 591. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Increasingly digitized and interconnected social, 
     political, and economic systems have introduced new 
     vulnerabilities for malicious actors to exploit, which 
     threatens economic and national security.
       ``(2) The rapid development, deployment, and integration of 
     information and communication technologies into all aspects 
     of modern life bring mounting risks of accidents and 
     malicious activity involving such technologies, and their 
     potential consequences.
       ``(3) Because information and communication technologies 
     are globally manufactured, traded, and networked, the 
     economic and national security of the United State depends 
     greatly on cybersecurity practices of other actors, including 
     other countries.
       ``(4) United States assistance to countries and 
     international organizations to bolster civilian capacity to 
     address national cybersecurity and deterrence in cyberspace 
     can help--
       ``(A) reduce vulnerability in the information and 
     communication technologies ecosystem; and
       ``(B) advance national and economic security objectives.

     ``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR 
                   CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED 
                   TECHNOLOGIES (CDT) CAPACITY BUILDING 
                   ACTIVITIES.

       ``(a) Authorization.--The Secretary of State is authorized 
     to provide assistance to foreign governments and 
     organizations, including national, regional, and 
     international institutions, on such terms and conditions as 
     the Secretary may determine, in order to--
       ``(1) advance a secure and stable cyberspace;
       ``(2) protect and expand trusted digital ecosystems and 
     connectivity;
       ``(3) build the cybersecurity capacity of partner countries 
     and organizations; and
       ``(4) ensure that the development of standards and the 
     deployment and use of technology supports and reinforces 
     human rights and democratic values, including through the 
     Digital Connectivity and Cybersecurity Partnership.
       ``(b) Scope of Uses.--Assistance under this section may 
     include programs to--
       ``(1) advance the adoption and deployment of secure and 
     trustworthy information and communications technology (ICT) 
     infrastructure and services, including efforts to grow global 
     markets for secure ICT goods and services and promote a more 
     diverse and resilient ICT supply chain;
       ``(2) provide technical and capacity building assistance 
     to--
       ``(A) promote policy and regulatory frameworks that create 
     an enabling environment for digital connectivity and a 
     vibrant digital economy;
       ``(B) ensure technologies, including related new and 
     emerging technologies, are developed, deployed, and used in 
     ways that support and reinforce democratic values and human 
     rights;
       ``(C) promote innovation and competition; and
       ``(D) support digital governance with the development of 
     rights-respecting international norms and standards;
       ``(3) help countries prepare for, defend against, and 
     respond to malicious cyber activities, including through--
       ``(A) the adoption of cybersecurity best practices;
       ``(B) the development of national strategies to enhance 
     cybersecurity;
       ``(C) the deployment of cybersecurity tools and services to 
     increase the security, strength, and resilience of networks 
     and infrastructure;
       ``(D) support for the development of cybersecurity watch, 
     warning, response, and recovery capabilities, including 
     through the development of cybersecurity incident response 
     teams;
       ``(E) support for collaboration with the Cybersecurity and 
     Infrastructure Security Agency (CISA) and other relevant 
     Federal agencies to enhance cybersecurity;
       ``(F) programs to strengthen allied and partner 
     governments' capacity to detect, investigate, deter, and 
     prosecute cybercrimes;
       ``(G) programs to provide information and resources to 
     diplomats engaging in discussions and negotiations around 
     international law and capacity building measures related to 
     cybersecurity;
       ``(H) capacity building for cybersecurity partners, 
     including law enforcement and military entities as described 
     in subsection (f);
       ``(I) programs that enhance the ability of relevant 
     stakeholders to act collectively against shared cybersecurity 
     threats;
       ``(J) the advancement of programs in support of the 
     Framework of Responsible State Behavior in Cyberspace; and
       ``(K) the fortification of deterrence instruments in 
     cyberspace; and
       ``(4) such other purpose and functions as the Secretary of 
     State may designate.
       ``(c) Responsibility for Policy Decisions and 
     Justification.--The Secretary of State shall be responsible 
     for policy decisions regarding programs under this chapter, 
     with respect to--
       ``(1) whether there will be cybersecurity and digital 
     capacity building programs for a

[[Page S2884]]

     foreign country or entity operating in that country;
       ``(2) the amount of funds for each foreign country or 
     entity; and
       ``(3) the scope and nature of such uses of funding.
       ``(d) Detailed Justification for Uses and Purposes of 
     Funds.--The Secretary of State shall provide, on an annual 
     basis, a detailed justification for the uses and purposes of 
     the amounts provided under this chapter, including 
     information concerning--
       ``(1) the amounts and kinds of grants;
       ``(2) the amounts and kinds of budgetary support provided, 
     if any; and
       ``(3) the amounts and kinds of project assistance provided 
     for what purpose and with such amounts.
       ``(e) Assistance and Funding Under Other Authorities.--The 
     authority granted under this section to provide assistance or 
     funding for countries and organizations does not preclude the 
     use of funds provided to carry out other authorities also 
     available for such purpose.
       ``(f) Availability of Funds.--Amounts appropriated to carry 
     out this chapter may be used, notwithstanding any other 
     provision of law, to strengthen civilian cybersecurity and 
     information and communications technology capacity, including 
     participation of foreign law enforcement and military 
     personnel in non-military activities, provided that such 
     support is essential to enabling civilian and law enforcement 
     of cybersecurity and information and communication technology 
     related activities in their respective countries.
       ``(g) Notification Requirements.--Funds made available 
     under this section shall be obligated in accordance with the 
     procedures applicable to reprogramming notifications pursuant 
     to section 634A of this Act.

     ``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.

       ``(a) In General.--The Secretary of State, in consultation 
     as appropriate with other relevant Federal departments and 
     agencies is authorized to conduct a review that--
       ``(1) analyzes the United States Government's capacity to 
     promptly and effectively deliver emergency support to 
     countries experiencing major cybersecurity and ICT incidents;
       ``(2) identifies relevant factors constraining the support 
     referred to in paragraph (1); and
       ``(3) develops a strategy to improve coordination among 
     relevant Federal agencies and to resolve such constraints.
       ``(b) Report.--Not later than one year after the date of 
     the enactment of this chapter, the Secretary of State shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that contains the results of the review 
     conducted pursuant to subsection (a).

     ``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated $150,000,000 
     during the 5-year period beginning on October 1, 2023, to 
     carry out the purposes of this chapter.''.

     SEC. 6309. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE 
                   DEPARTMENT OF STATE IN POSITIONS HIGHLY 
                   VULNERABLE TO CYBER ATTACK.

       (a) Definitions.--In this section:
       (1) At-risk personnel.--The term ``at-risk personnel'' 
     means personnel of the Department--
       (A) whom the Secretary determines to be highly vulnerable 
     to cyber attacks and hostile information collection 
     activities because of their positions in the Department; and
       (B) whose personal technology devices or personal accounts 
     are highly vulnerable to cyber attacks and hostile 
     information collection activities.
       (2) Personal accounts.--The term ``personal accounts'' 
     means accounts for online and telecommunications services, 
     including telephone, residential internet access, email, text 
     and multimedia messaging, cloud computing, social media, 
     health care, and financial services, used by personnel of the 
     Department outside of the scope of their employment with the 
     Department.
       (3) Personal technology devices.--The term ``personal 
     technology devices'' means technology devices used by 
     personnel of the Department outside of the scope of their 
     employment with the Department, including networks to which 
     such devices connect.
       (b) Requirement to Provide Cyber Protection Support.--The 
     Secretary, in consultation with the Director of National 
     Intelligence--
       (1) shall offer cyber protection support for the personal 
     technology devices and personal accounts of at-risk 
     personnel; and
       (2) may provide the support described in paragraph (1) to 
     any Department personnel who request such support.
       (c) Nature of Cyber Protection Support.--Subject to the 
     availability of resources, the cyber protection support 
     provided to personnel pursuant to subsection (b) may include 
     training, advice, assistance, and other services relating to 
     protection against cyber attacks and hostile information 
     collection activities.
       (d) Privacy Protections for Personal Devices.--The 
     Department is prohibited from accessing or retrieving any 
     information from any personal technology device or personal 
     account of Department employees receiving cyber protection 
     support described by this section unless--
       (1) access or information retrieval is necessary for 
     carrying out the cyber protection support specified in this 
     section; and
       (2) the Department has received explicit consent from the 
     employee to access a personal technology device or personal 
     account prior to each time such device or account is 
     accessed.
       (e) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to encourage Department personnel to use personal 
     technology devices for official business; or
       (2) to authorize cyber protection support for senior 
     Department personnel using personal devices, networks, and 
     personal accounts in an official capacity.
       (f) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees regarding the 
     provision of cyber protection support pursuant to subsection 
     (b), which shall include--
       (1) a description of the methodology used to make the 
     determination under subsection (a)(1); and
       (2) guidance for the use of cyber protection support and 
     tracking of support requests for personnel receiving cyber 
     protection support pursuant to subsection (b).

                TITLE LXIV--ORGANIZATION AND OPERATIONS

     SEC. 6401. PERSONAL SERVICES CONTRACTORS.

       (a) Exigent Circumstances and Crisis Response.--To assist 
     the Department in addressing and responding to exigent 
     circumstances and urgent crises abroad, the Department is 
     authorized to employ, domestically and abroad, a limited 
     number of personal services contractors in order to meet 
     exigent needs, subject to the requirements of this section.
       (b) Authority.--The authority to employ personal services 
     contractors is in addition to any existing authorities to 
     enter into personal services contracts and authority provided 
     in the Afghanistan Supplemental Appropriations Act, 2022 
     (division C of Public Law 117-43).
       (c) Employing and Allocation of Personnel.--To meet the 
     needs described in subsection (a) and subject to the 
     requirements in subsection (d), the Department may--
       (1) enter into contracts to employ a total of up to 100 
     personal services contractors at any given time for each of 
     fiscal years 2024, 2025, and 2026; and
       (2) allocate up to 20 personal services contractors to a 
     given bureau, without regard to the sources of funding such 
     office relies on to compensate individuals.
       (d) Limitation.--Employment authorized by this section 
     shall not exceed two calendar years.
       (e) Notification and Reporting to Congress.--
       (1) Notification.--Not later than 15 days after the use of 
     authority under this section, the Secretary shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of the number 
     of personal services contractors being employed, the expected 
     length of employment, the relevant bureau, the purpose for 
     using personal services contractors, and the justification, 
     including the exigent circumstances requiring such use.
       (2) Annual reporting.--Not later than 60 days after the end 
     of each fiscal year, the Department shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a report 
     describing the number of personal services contractors 
     employed pursuant to this section for the prior fiscal year, 
     the length of employment, the relevant bureau by which they 
     were employed pursuant to this section, the purpose for using 
     personal services contractors, disaggregated demographic data 
     of such contractors, and the justification for the 
     employment, including the exigent circumstances.

     SEC. 6402. HARD-TO-FILL POSTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the number of hard-to-fill vacancies at United States 
     diplomatic missions is far too high, particularly in Sub-
     Saharan Africa;
       (2) these vacancies--
       (A) adversely impact the Department's execution of regional 
     strategies;
       (B) hinder the ability of the United States to effectively 
     compete with strategic competitors, such as the People's 
     Republic of China and the Russian Federation; and
       (C) present a clear national security risk to the United 
     States; and
       (3) if the Department is unable to incentivize officers to 
     accept hard-to-fill positions, the Department should consider 
     directed assignments, particularly for posts in Africa, and 
     other means to more effectively advance the national 
     interests of the United States.
       (b) Report on Development of Incentives for Hard-to-fill 
     Posts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees on efforts to 
     develop new incentives for hard-to-fill positions at United 
     States diplomatic missions. The report shall include a 
     description of the incentives developed to date and proposals 
     to try to more effectively fill hard-to-fill posts.
       (c) Study on Feasibility of Allowing Non-Consular Foreign 
     Service Officers Given Directed Consular Posts to Volunteer 
     for Hard-to-fill Posts in Understaffed Regions.--

[[Page S2885]]

       (1) Study.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall conduct a 
     study on--
       (i) the number of Foreign Service positions vacant for six 
     months or longer at overseas posts, including for consular, 
     political, and economic positions, over the last five years, 
     broken down by region, and a comparison of the proportion of 
     vacancies between regions; and
       (ii) the feasibility of allowing first-tour Foreign Service 
     generalists in non-Consular cones, directed for a consular 
     tour, to volunteer for reassignment at hard-to-fill posts in 
     understaffed regions.
       (B) Matters to be considered.--The study conducted under 
     subparagraph (A) shall consider whether allowing first-tour 
     Foreign Service generalists to volunteer as described in such 
     subparagraph would address current vacancies and what impact 
     the new mechanism would have on consular operations.
       (2) Report.--Not later than 60 days after completing the 
     study required under paragraph (1), the Secretary shall 
     submit to the appropriate congressional committees a report 
     containing the findings of the study.

     SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.

       (a) Report With Recommendations and Management Structure.--
     Not later than 270 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report with any recommendations 
     for the long-term structure and management of the Office of 
     Civil Rights (OCR), including--
       (1) an assessment of the strengths and weaknesses of OCR's 
     investigative processes and procedures;
       (2) any changes made within OCR to its investigative 
     processes to improve the integrity and thoroughness of its 
     investigations; and
       (3) any recommendations to improve the management 
     structure, investigative process, and oversight of the 
     Office.

     SEC. 6404. CRISIS RESPONSE OPERATIONS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall institute the 
     following changes and ensure that the following elements have 
     been integrated into the ongoing crisis response management 
     and response by the Crisis Management and Strategy Office:
       (1) The Department's crisis response planning and 
     operations shall conduct, maintain, and update on a regular 
     basis contingency plans for posts and regions experiencing or 
     vulnerable to conflict or emergency conditions, including 
     armed conflict, national disasters, significant political or 
     military upheaval, and emergency evacuations.
       (2) The Department's crisis response efforts shall be led 
     by an individual with significant experience responding to 
     prior crises, who shall be so designated by the Secretary.
       (3) The Department's crisis response efforts shall provide 
     at least quarterly updates to the Secretary and other 
     relevant senior officials, including a plan and schedule to 
     develop contingency planning for identified posts and regions 
     consistent with paragraph (1).
       (4) The decision to develop contingency planning for any 
     particular post or region shall be made independent of any 
     regional bureau.
       (5) The crisis response team shall develop and maintain 
     best practices for evacuations, closures, and emergency 
     conditions.
       (b) Update.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter for 
     the next five years, the Secretary shall submit to the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives an update 
     outlining the steps taken to implement this section, along 
     with any other recommendations to improve the Department's 
     crisis management and response operations.
       (2) Contents.--Each update submitted pursuant to paragraph 
     (1) should include--
       (A) a list of the posts whose contingency plans, including 
     any noncombatant evacuation contingencies, has been reviewed 
     and updated as appropriate during the preceding 180 days; and
       (B) an assessment of the Secretary's confidence that each 
     post--
       (i) has continuously reached out to United States persons 
     in country to maintain and update contact information for as 
     many such persons as practicable; and
       (ii) is prepared to communicate with such persons in an 
     emergency or crisis situation.
       (3) Form.--Each update submitted pursuant to paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States must increase its diplomatic activity 
     and presence in the Pacific, particularly among Pacific 
     Island nations; and
       (2) the Special Envoy to the Pacific Islands Forum--
       (A) should advance the United States partnership with 
     Pacific Island Forum nations and with the organization itself 
     on key issues of importance to the Pacific region; and
       (B) should coordinate policies across the Pacific region 
     with like-minded democracies.
       (b) Appointment of Special Envoy to the Pacific Islands 
     Forum.--Section 1 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2651a), as amended by section 6304, is 
     further amended by adding at the end the following new 
     subsection:
       ``(o) Special Envoy to the Pacific Islands Forum.--
       ``(1) Appointment.--The President shall appoint, by and 
     with the advice and consent of the Senate, a qualified 
     individual to serve as Special Envoy to the Pacific Islands 
     Forum (referred to in this section as the `Special Envoy').
       ``(2) Considerations.--
       ``(A) Selection.--The Special Envoy shall be--
       ``(i) a United States Ambassador to a country that is a 
     member of the Pacific Islands Forum; or
       ``(ii) a qualified individual who is not described in 
     clause (i).
       ``(B) Limitations.--If the President appoints an Ambassador 
     to a country that is a member of the Pacific Islands Forum to 
     serve concurrently as the Special Envoy to the Pacific 
     Islands Forum, such Ambassador--
       ``(i) may not begin service as the Special Envoy until he 
     or she has been confirmed by the Senate for an ambassadorship 
     to a country that is a member of the Pacific Islands Forum; 
     and
       ``(ii) shall not receive additional compensation for his or 
     her service as Special Envoy.
       ``(3) Duties.--The Special Envoy shall--
       ``(A) represent the United States in its role as dialogue 
     partner to the Pacific Islands Forum; and
       ``(B) carry out such other duties as the President or the 
     Secretary of State may prescribe.''.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate congressional committees that describes how 
     the Department will increase its ability to recruit and 
     retain highly-qualified ambassadors, special envoys, and 
     other senior personnel in posts in Pacific island countries 
     as the Department expands its diplomatic footprint throughout 
     the region.

     SEC. 6406. SPECIAL ENVOY FOR BELARUS.

       (a) Special Envoy.--The President shall appoint a Special 
     Envoy for Belarus within the Department (referred to in this 
     section as the ``Special Envoy''). The Special Envoy should 
     be a person of recognized distinction in the field of 
     European security, geopolitics, democracy and human rights, 
     and may be a career Foreign Service officer.
       (b) Central Objective.--The central objective of the 
     Special Envoy is to coordinate and promote efforts--
       (1) to improve respect for the fundamental human rights of 
     the people of Belarus;
       (2) to sustain focus on the national security implications 
     of Belarus's political and military alignment for the United 
     States; and
       (3) to respond to the political, economic, and security 
     impacts of events in Belarus upon neighboring countries and 
     the wider region.
       (c) Duties and Responsibilities.--The Special Envoy shall--
       (1) engage in discussions with Belarusian officials 
     regarding human rights, political, economic and security 
     issues in Belarus;
       (2) support international efforts to promote human rights 
     and political freedoms in Belarus, including coordination and 
     dialogue between the United States and the United Nations, 
     the Organization for Security and Cooperation in Europe, the 
     European Union, Belarus, and the other countries in Eastern 
     Europe;
       (3) consult with nongovernmental organizations that have 
     attempted to address human rights and political and economic 
     instability in Belarus;
       (4) make recommendations regarding the funding of 
     activities promoting human rights, democracy, the rule of 
     law, and the development of a market economy in Belarus;
       (5) review strategies for improving protection of human 
     rights in Belarus, including technical training and exchange 
     programs;
       (6) develop an action plan for holding to account the 
     perpetrators of the human rights violations documented in the 
     United Nations High Commissioner for Human Rights report on 
     the situation of human rights in Belarus in the run-up to the 
     2020 presidential election and its aftermath (Human Rights 
     Council Resolution 49/36);
       (7) engage with member countries of the North Atlantic 
     Treaty Organization, the Organization for Security and 
     Cooperation in Europe and the European Union with respect to 
     the implications of Belarus's political and security 
     alignment for transatlantic security; and
       (8) work within the Department and among partnering 
     countries to sustain focus on the political situation in 
     Belarus.
       (d) Role.--The position of Special Envoy--
       (1) shall be a full-time position;
       (2) may not be combined with any other position within the 
     Department;
       (3) shall only exist as long as United States diplomatic 
     operations in Belarus at United States Embassy Minsk have 
     been suspended; and
       (4) shall oversee the operations and personnel of the 
     Belarus Affairs Unit.
       (e) Report on Activities.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter for the following 5 years, the Secretary, in 
     consultation with the Special Envoy, shall submit a

[[Page S2886]]

     report to the appropriate congressional committees that 
     describes the activities undertaken pursuant to subsection 
     (c) during the reporting period.
       (f) Sunset.--The position of Special Envoy for Belarus 
     Affairs and the authorities provided by this section shall 
     terminate 5 years after the date of the enactment of this 
     Act.

     SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT 
                   POSITIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report on current special 
     appointment positions at United States diplomatic missions 
     that do not exercise significant authority, and all positions 
     under schedule B or schedule C of subpart C of part 213 of 
     title 5, Code of Federal Regulations, at United States 
     diplomatic missions. The report shall include the title and 
     responsibilities of each position, the expected duration of 
     the position, the name of the individual currently appointed 
     to the position, and the hiring authority utilized to fill 
     the position.

     SEC. 6408. ESTABLISHMENT OF OFFICE OF THE SPECIAL 
                   REPRESENTATIVE FOR CITY AND STATE DIPLOMACY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by section 6405, is 
     further amended by adding at the end the following new 
     subsection:
       ``(p) Office of the Special Representative for City and 
     State Diplomacy.--
       ``(1) In general.--There is established within the Office 
     of Global Partnerships of the Department of State an Office 
     of the Special Representative for City and State Diplomacy 
     (in this subsection referred to as the `Office').
       ``(2) Head.--The head of the Office shall be the Special 
     Representative for City and State Diplomacy, who shall be 
     responsible for developing strategies to advise and enhance 
     subnational diplomacy throughout the United States.
       ``(3) Duties.--
       ``(A) Principal duty.--The principal duty of the Special 
     Representative shall be providing the overall strategic 
     guidance of Department of State support for subnational 
     engagements by State and municipal governments with foreign 
     governments. The Special Representative shall be the 
     principal adviser to the Secretary of State on subnational 
     engagements, the principal official on such matters within 
     the senior management of the Department of State, and lead 
     coordinator on such matters for other relevant Federal 
     agencies.
       ``(B) Additional duties.--The additional duties of the 
     Special Representative shall include the following:
       ``(i) Providing strategic guidance for overall Department 
     of State policy and programs in support of subnational 
     engagements by State and municipal governments with foreign 
     governments, including with respect to the following:

       ``(I) Identifying policy, program, and funding 
     discrepancies among relevant Federal agencies regarding 
     subnational diplomacy engagement.
       ``(II) Advising on efforts to better align the Department 
     of State and other Federal agencies in support of such 
     engagements.

       ``(ii) Identifying areas of alignment between United States 
     foreign policy and State and municipal goals.
       ``(iii) Facilitating tools for State and municipal 
     officials to communicate with the United States public 
     regarding the breadth of international engagement by 
     subnational actors and the impact of diplomacy across the 
     United States.
       ``(iv) Facilitating linkages and networks among State and 
     municipal governments and between State and municipal 
     governments and their foreign counterparts.
       ``(v) Under the direction of the Secretary, negotiating 
     agreements and memoranda of understanding with foreign 
     governments related to subnational engagements and 
     priorities.
       ``(vi) Supporting United States economic interests through 
     subnational engagements, in consultation and coordination 
     with the Department of Commerce, the Department of the 
     Treasury, and the Office of the United States Trade 
     Representative.
       ``(4) Coordination.--With respect to matters involving 
     trade promotion and inward investment facilitation, the 
     Office shall coordinate with and support the International 
     Trade Administration of the Department of Commerce as the 
     lead Federal agency for trade promotion and facilitation of 
     business investment in the United States.
       ``(5) Detailees.--
       ``(A) In general.--The Secretary of State, with respect to 
     employees of the Department of State, is authorized to detail 
     a member of the civil service or Foreign Service to State and 
     municipal governments on a reimbursable or nonreimbursable 
     basis. Such details shall be for a period not to exceed two 
     years, and shall be without interruption or loss of status or 
     privilege.
       ``(B) Responsibilities.--Detailees under subparagraph (A) 
     should carry out the following responsibilities:
       ``(i) Supporting the mission and objectives of the host 
     subnational government office.
       ``(ii) Advising State and municipal government officials 
     regarding questions of global affairs, foreign policy, 
     cooperative agreements, and public diplomacy.
       ``(iii) Coordinating activities relating to State and 
     municipal government subnational engagements with the 
     Department of State, including the Office, Department 
     leadership, and regional and functional bureaus of the 
     Department, as appropriate.
       ``(iv) Engaging Federal agencies regarding security, public 
     health, trade promotion, and other programs executed at the 
     State or municipal government level.
       ``(v) Any other duties requested by State and municipal 
     governments and approved by the Office.
       ``(C) Additional personnel support for subnational 
     engagement.--For the purposes of this subsection, the 
     Secretary of State--
       ``(i) is authorized to employ individuals by contract;
       ``(ii) is encouraged to make use of the re-hired annuitants 
     authority under section 3323 of title 5, United States Code, 
     particularly for annuitants who are already residing across 
     the United States who may have the skills and experience to 
     support subnational governments; and
       ``(iii) is encouraged to make use of authorities under the 
     Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et 
     seq.) to temporarily assign State and local government 
     officials to the Department of State or overseas missions to 
     increase their international experience and add their 
     perspectives on United States priorities to the Department.
       ``(6) Report and briefing.--
       ``(A) Report.--Not later than one year after the date of 
     the enactment of this subsection, the Special Representative 
     shall submit to the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives a report that includes information 
     relating to the following:
       ``(i) The staffing plan (including permanent and temporary 
     staff) for the Office and a justification for the location of 
     the Office within the Department of State's organizational 
     structure.
       ``(ii) The funding level provided to the Office for the 
     Office, together with a justification relating to such level.
       ``(iii) The rank and title granted to the Special 
     Representative, together with a justification relating to 
     such decision and an analysis of whether the rank and title 
     is required to fulfill the duties of the Office.
       ``(iv) A strategic plan for the Office, including relating 
     to--

       ``(I) supporting subnational engagements to improve United 
     States foreign policy effectiveness;
       ``(II) enhancing the awareness, understanding, and 
     involvement of United States citizens in the foreign policy 
     process; and
       ``(III) better engaging with foreign subnational 
     governments to strengthen diplomacy.

       ``(v) Any other matters as determined relevant by the 
     Special Representative.
       ``(B) Briefings.--Not later than 30 days after the 
     submission of the report required under subparagraph (A) and 
     annually thereafter, the Special Representative shall brief 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives on the work of the Office and any changes 
     made to the organizational structure or funding of the 
     Office.
       ``(7) Rule of construction.--Nothing in this subsection may 
     be construed as precluding--
       ``(A) the Office from being elevated to a bureau within the 
     Department of State; or
       ``(B) the Special Representative from being elevated to an 
     Assistant Secretary, if such an Assistant Secretary position 
     does not increase the number of Assistant Secretary positions 
     at the Department above the number authorized under 
     subsection (c)(1).
       ``(8) Definitions.--In this subsection:
       ``(A) Municipal.--The term `municipal' means, with respect 
     to the government of a municipality in the United States, a 
     municipality with a population of not fewer than 100,000 
     people.
       ``(B) State.--The term `State' means the 50 States, the 
     District of Columbia, and any territory or possession of the 
     United States.
       ``(C) Subnational engagement.--The term `subnational 
     engagement' means formal meetings or events between elected 
     officials of State or municipal governments and their foreign 
     counterparts.''.

                     TITLE LXV--ECONOMIC DIPLOMACY

     SEC. 6501. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.

       (a) In General.--Chapter 5 of title I of the Foreign 
     Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 506. DUTIES OF OFFICERS PERFORMING ECONOMIC FUNCTIONS.

       ``(a) Defined Term.--In this section, the term `United 
     States person' means--
       ``(1) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       ``(2) 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.
       ``(b) In General.--The Secretary is authorized to direct 
     the officers performing economic functions of the Foreign 
     Service as appropriate to carry out the full spectrum of 
     economic statecraft and commercial diplomacy work that 
     advances United States foreign policy priorities in the host 
     country or domestic posting to which they are assigned, 
     including--

[[Page S2887]]

       ``(1) to negotiate economic and other related agreements 
     with foreign governments and international organizations;
       ``(2) to inform the Department, and when appropriate, the 
     Washington, D.C., headquarters offices of Federal agencies, 
     with respect to the positions of foreign governments and 
     international organizations in negotiations on such matters 
     as economic, energy, environment, science and health;
       ``(3) to advance--
       ``(A) the routine implementation and maintenance of 
     economic, environment, science, and health agreements; and
       ``(B) other initiatives in the countries to which such 
     officers are assigned related to improving economic or 
     commercial relations for the benefit of United States 
     persons, including businesses;
       ``(4) to identify, help design and execute, and advance, in 
     consultation with other Federal agencies, United States 
     policies, programs, and initiatives, including capacity-
     building efforts, to advance policies of foreign governments 
     that improve local economic governance, market-based business 
     environments, and market access, increase trade and 
     investment opportunities, or provide a more level playing 
     field for United States persons, including with respect to--
       ``(A) improving revenue collection;
       ``(B) streamlining customs processes and improving customs 
     transparency and efficiency;
       ``(C) improving regulatory management;
       ``(D) improving procurement processes, including 
     facilitating transparency in tendering, bidding, and contact 
     negotiation;
       ``(E) advancing intellectual property protections;
       ``(F) eliminating anticompetitive subsidies and improving 
     the transparency of remaining subsidies;
       ``(G) improving budget management and oversight; and
       ``(H) strengthening management of important economic 
     sectors;
       ``(5) to prioritize active support of economic and 
     commercial goals of the United States, and as appropriate, 
     United States persons abroad, in conjunction with the United 
     States and Foreign Commercial Service established by section 
     2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721);
       ``(6) to provide United States persons with information on 
     all United States Government support with respect to 
     international economic matters;
       ``(7) to receive feedback from United States persons with 
     respect to support described in paragraphs (5) and (6), and 
     report that feedback to the chief of mission and to the 
     headquarters of the Department;
       ``(8) to consult closely and regularly with the private 
     sector in accordance with section 709 of the Championing 
     American Business through Diplomacy Act of 2019 (22 U.S.C. 
     9905);
       ``(9) to identify and execute opportunities for the United 
     States to counter policies, initiatives, or activities by 
     authoritarian governments or enterprises affiliated with such 
     governments that are anticompetitive or undermine the 
     sovereignty or prosperity of the United States or a partner 
     country;
       ``(10) to identify and execute opportunities for the United 
     States in new and emerging areas of trade and investment, 
     such as digital trade, critical minerals extraction, 
     refining, and processing, energy, and innovation;
       ``(11) to monitor the development and implementation of 
     bilateral and multilateral economic and other related 
     agreements and provide recommendations to the Secretary and 
     the heads of other relevant Federal agencies with respect to 
     United States actions and initiatives relating to those 
     agreements;
       ``(12) to maintain complete and accurate records of the 
     performance measurements of the Department for economic and 
     commercial diplomacy activities, as directed by the chief of 
     mission and other senior officials of the Department;
       ``(13) to report on issues and developments related to 
     economic, commercial, trade, investment, energy, environment, 
     science, and health matters with direct relevance to United 
     States economic and national security interests, especially 
     when accurate, reliable, timely, and cost-effective 
     information is unavailable from non-United States Government 
     sources; and
       ``(14) to coordinate all activities, as necessary and 
     appropriate, with counterparts in other agencies.
       ``(c) Regulatory Updates.--The Secretary shall update 
     guidance in the Foreign Affairs Manual and other regulations 
     and guidance as necessary to implement this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Foreign Service Act of 1980 is amended by inserting after the 
     item relating to section 505 the following:

``Sec. 506. Duties of economic officers.''.

     SEC. 6502. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF 
                   FOREIGN SERVICE ECONOMIC OFFICERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to the appropriate congressional committees regarding 
     the recruitment, retention, and promotion of economic 
     officers in the Foreign Service.
       (b) Elements.--The report required under subsection (b) 
     shall include--
       (1) an overview of the key challenges the Department faces 
     in--
       (A) recruiting individuals to serve as economic officers in 
     the Foreign Service; and
       (B) retaining individuals serving as economic officers in 
     the Foreign Service, particularly at the level of GS-14 of 
     the General Schedule and higher;
       (2) an overview of the key challenges in recruiting and 
     retaining qualified individuals to serve in economic 
     positions in the Civil Service;
       (3) a comparison of promotion rates for economic officers 
     in the Foreign Service relative to other officers in the 
     Foreign Service;
       (4) a summary of the educational history and training of 
     current economic officers in the Foreign Service and Civil 
     Service officers serving in economic positions;
       (5) the identification, disaggregated by region, of hard-
     to-fill posts and proposed incentives to improve staffing of 
     economic officers in the Foreign Service at such posts;
       (6) a summary and analysis of the factors that lead to the 
     promotion of--
       (A) economic officers in the Foreign Service; and
       (B) individuals serving in economic positions in the Civil 
     Service; and
       (7) a summary and analysis of current Department-funded or 
     run training opportunities and externally-funded programs, 
     including the Secretary's Leadership Seminar at Harvard 
     Business School, for--
       (A) economic officers in the Foreign Service; and
       (B) individuals serving in economic positions in the Civil 
     Service.

     SEC. 6503. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR 
                   SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLOMACY.

       (a) Mandate to Revise Department of State Performance 
     Measures for Economic and Commercial Diplomacy.--The 
     Secretary shall, as part of the Department's next regularly 
     scheduled review on metrics and performance measures, include 
     revisions of Department performance measures for economic and 
     commercial diplomacy, by identifying outcome-oriented, and 
     not process-oriented, performance metrics, including metrics 
     that--
       (1) measure how Department efforts advanced specific 
     economic and commercial objectives and led to successes for 
     the United States or other private sector actors overseas; 
     and
       (2) focus on customer satisfaction with Department services 
     and assistance.
       (b) Plan for Ensuring Complete Data for Performance 
     Measures.--As part of the review required under subsection 
     (a), the Secretary shall include a plan for ensuring that--
       (1) the Department, both at its main headquarters and at 
     domestic and overseas posts, maintains and fully updates data 
     on performance measures; and
       (2) Department leadership and the appropriate congressional 
     committees can evaluate the extent to which the Department is 
     advancing United States economic and commercial interests 
     abroad through meeting performance targets.
       (c) Report on Private Sector Surveys.--The Secretary shall 
     prepare a report that lists and describes all the methods 
     through which the Department conducts surveys of the private 
     sector to measure private sector satisfaction with assistance 
     and services provided by the Department to advance private 
     sector economic and commercial goals in foreign markets.
       (d) Report.--Not later than 90 days after conducting the 
     review pursuant to subsection (a), the Secretary shall submit 
     to the appropriate congressional committees--
       (1) the revised performance metrics required under 
     subsection (a); and
       (2) the report required under subsection (c).

     SEC. 6504. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.

       Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
     3927) is amended by adding at the end the following:
       ``(e) Embassy Economic Team.--
       ``(1) Coordination and supervision.--Each chief of mission 
     shall coordinate and supervise the implementation of all 
     United States economic policy interests within the host 
     country in which the diplomatic mission is located, among all 
     United States Government departments and agencies present in 
     such country.
       ``(2) Accountability.--The chief of mission is responsible 
     for the performance of the diplomatic mission in advancing 
     United States economic policy interests within the host 
     country.
       ``(3) Mission economic team.--The chief of mission shall 
     designate appropriate embassy staff to form a mission 
     economic team that--
       ``(A) monitors notable economic, commercial, and 
     investment-related developments in the host country; and
       ``(B) develops plans and strategies for advancing United 
     States economic and commercial interests in the host country, 
     including--
       ``(i) tracking legislative, regulatory, judicial, and 
     policy developments that could affect United States economic, 
     commercial, and investment interests;
       ``(ii) advocating for best practices with respect to policy 
     and regulatory developments;
       ``(iii) conducting regular analyses of market systems, 
     trends, prospects, and opportunities for value-addition, 
     including risk assessments and constraints analyses of key 
     sectors and of United States strategic competitiveness, and 
     other reporting on commercial opportunities and investment 
     climate; and

[[Page S2888]]

       ``(iv) providing recommendations for responding to 
     developments that may adversely affect United States economic 
     and commercial interests.''.

     SEC. 6505. DIRECTION TO EMBASSY DEAL TEAMS.

       (a) Purposes.--The purposes of deal teams at United States 
     embassies and consulates are--
       (1) to promote a private sector-led approach--
       (A) to advance economic growth and job creation that is 
     tailored, as appropriate, to specific economic sectors; and
       (B) to advance strategic partnerships;
       (2) to prioritize efforts--
       (A) to identify commercial and investment opportunities;
       (B) to advocate for improvements in the business and 
     investment climate;
       (C) to engage and consult with private sector partners; and
       (D) to report on the activities described in subparagraphs 
     (A) through (C), in accordance with the applicable 
     requirements under sections 706 and 707 of the Championing 
     American Business Through Diplomacy Act of 2019 (22 U.S.C. 
     9902 and 9903);
       (3)(A)(i) to identify trade and investment opportunities 
     for United States companies in foreign markets; or
       (ii) to assist with existing trade and investment 
     opportunities already identified by United States companies; 
     and
       (B) to deploy United States Government economic and other 
     tools to help such United States companies to secure their 
     objectives;
       (4) to identify and facilitate opportunities for entities 
     in a host country to increase exports to, or investment in, 
     the United States in order to grow two-way trade and 
     investment;
       (5) to modernize, streamline, and improve access to 
     resources and services designed to promote increased trade 
     and investment opportunities;
       (6) to identify and secure United States or allied 
     government support of strategic projects, such as ports, 
     railways, energy production and distribution, critical 
     minerals development, telecommunications networks, and other 
     critical infrastructure projects vulnerable to predatory 
     investment by an authoritarian country or entity in such 
     country where support or investment serves an important 
     United States interest;
       (7) to coordinate across the Unites States Government to 
     ensure the appropriate and most effective use of United 
     States Government tools to support United States economic, 
     commercial, and investment objectives; and
       (8) to coordinate with the multi-agency DC Central Deal 
     Team, established in February 2020, on the matters described 
     in paragraphs (1) through (7) and other relevant matters.
       (b) Clarification.--A deal team may be composed of the 
     personnel comprising the mission economic team formed 
     pursuant to section 207(e)(3) of the Foreign Service Act of 
     1980, as added by section 504.
       (c) Restrictions.--A deal team may not provide support for, 
     or assist a United States person with a transaction 
     involving, a government, or an entity owned or controlled by 
     a government, if the Secretary determines that such 
     government--
       (1) has repeatedly provided support for acts of 
     international terrorism, as described in--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (subtitle B of title XVII of Public Law 115-232);
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other relevant provision of law; or
       (2) has engaged in an activity that would trigger a 
     restriction under section 116(a) or 502B(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or 
     any other relevant provision of law.
       (d) Further Restrictions.--
       (1) Prohibition on support of sanctioned persons.--Deal 
     teams may not carry out activities prohibited under United 
     States sanctions laws or regulations, including dealings with 
     persons on the list of specially designated persons and 
     blocked persons maintained by the Office of Foreign Assets 
     Control of the Department of the Treasury, except to the 
     extent otherwise authorized by the Secretary of the Treasury 
     or the Secretary.
       (2) Prohibition on support of activities subject to 
     sanctions.--Any person receiving support from a deal team 
     must be in compliance with all United States sanctions laws 
     and regulations as a condition for receiving such assistance.
       (e) Chief of Mission Authority and Accountability.--The 
     chief of mission to a foreign country--
       (1) is the designated leader of a deal team in such 
     country; and
       (2) shall be held accountable for the performance and 
     effectiveness of United States deal teams in such country.
       (f) Guidance Cable.--The Department shall send out regular 
     guidance on Deal Team efforts by an All Diplomatic and 
     Consular Posts (referred to in this section as ``ALDAC'') 
     that--
       (1) describes the role of deal teams; and
       (2) includes relevant and up-to-date information to enhance 
     the effectiveness of deal teams in a country.
       (g) Confidentiality of Information.--
       (1) In general.--In preparing the cable required under 
     subsection (f), the Secretary shall protect from disclosure 
     any proprietary information of a United States person marked 
     as business confidential information unless the person 
     submitting such information--
       (A) had notice, at the time of submission, that such 
     information would be released by; or
       (B) subsequently consents to the release of such 
     information.
       (2) Treatment as trade secrets.--Proprietary information 
     obtained by the United States Government from a United States 
     person pursuant to the activities of deal teams shall be--
       (A) considered to be trade secrets and commercial or 
     financial information (as such terms are used under section 
     552b(c)(4) of title 5, United States Code); and
       (B) exempt from disclosure without the express approval of 
     the person.
       (h) Sunset.--The requirements under subsections (f) through 
     (h) shall terminate on the date that is 5 years after the 
     date of the enactment of this Act.

     SEC. 6506. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' 
                   AWARD.

       (a) Establishment.--The Secretary shall establish a new 
     award, to be known as the ``Deal Team of the Year Award'', 
     and annually present the award to a deal team at one United 
     States mission in each region to recognize outstanding 
     achievements in supporting a United States company or 
     companies pursuing commercial deals abroad or in identifying 
     new deal prospects for United States companies.
       (b) Award Content.--
       (1) Department of state.--Each member of a deal team 
     receiving an award pursuant to subsection (a) shall receive a 
     certificate that is signed by the Secretary and--
       (A) in the case of a member of the Foreign Service, is 
     included in the next employee evaluation report; or
       (B) in the case of a Civil Service employee, is included in 
     the next annual performance review.
       (2) Other federal agencies.--If an award is presented 
     pursuant to subsection (a) to a Federal Government employee 
     who is not employed by the Department, the employing agency 
     may determine whether to provide such employee any 
     recognition or benefits in addition to the recognition or 
     benefits provided by the Department.
       (c) Eligibility.--Any interagency economics team at a 
     United States overseas mission under chief of mission 
     authority that assists United States companies with 
     identifying, navigating, and securing trade and investment 
     opportunities in a foreign country or that facilitates 
     beneficial foreign investment into the United States is 
     eligible for an award under this section.
       (d) Report.--Not later than the last day of the fiscal year 
     in which awards are presented pursuant to subsection (a), the 
     Secretary shall submit a report to the appropriate 
     congressional committees that includes--
       (1) each mission receiving a Deal Team of the Year Award.
       (2) the names and agencies of each awardee within the 
     recipient deal teams; and
       (3) a detailed description of the reason such deal teams 
     received such award.

                      TITLE LXVI--PUBLIC DIPLOMACY

     SEC. 6601. PUBLIC DIPLOMACY OUTREACH.

       (a) Coordination of Resources.--The Administrator of the 
     United States Agency for International Development and the 
     Secretary shall direct public affairs sections at United 
     States embassies and USAID Mission Program Officers at USAID 
     missions to coordinate, enhance and prioritize resources for 
     public diplomacy and awareness campaigns around United States 
     diplomatic and development efforts, including through--
       (1) the utilization of new media technology for maximum 
     public engagement; and
       (2) enact coordinated comprehensive community outreach to 
     increase public awareness and understanding and appreciation 
     of United States diplomatic and development efforts.
       (b) Development Outreach and Coordination Officers.--USAID 
     should prioritize hiring of additional Development Outreach 
     and Coordination officers in USAID missions to support the 
     purposes of subsection (a).
       (c) Best Practices.--The Secretary and the Administrator of 
     USAID shall identify 10 countries in which Embassies and 
     USAID missions have successfully executed efforts, including 
     monitoring and evaluation of such efforts, described in (a) 
     and develop best practices to be turned into Department and 
     USAID guidance.

     SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE 
                   EUROPE/RADIO LIBERTY.

       In section 308(h) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6207(h)) is amended--
       (1) by striking subparagraphs (1), (3), and (5); and
       (2) by redesignating paragraphs (2) and (4) as paragraphs 
     (1) and (2), respectively.

     SEC. 6603. INTERNATIONAL BROADCASTING.

       (a) Voice of America.--Section 303 of the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6202) is 
     amended by adding at the end the following:
       ``(d) Voice of America Operations and Structure.--
       ``(1) Operations.--The Director of the Voice of America 
     (VOA)--
       ``(A) shall direct and supervise the operations of VOA, 
     including making all major decisions relating its staffing; 
     and
       ``(B) may utilize any authorities made available to the 
     United States Agency for Global Media or to its Chief 
     Executive Officer under this Act or under any other Act to 
     carry out its operations in an effective manner.

[[Page S2889]]

       ``(2) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of VOA shall submit a 
     plan to the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives to ensure that the personnel structure of VOA 
     is sufficient to effectively carry out the principles 
     described in subsection (c).''.
       (b) Appointment of Chief Executive Officer.--Section 304 of 
     such Act (22 U.S.C. 6203) is amended--
       (1) in subsection (a), by striking ``as an entity described 
     in section 104 of title 5, United States Code'' and inserting 
     ``under the direction of the International Broadcasting 
     Advisory Board''; and
       (2) in subsection (b)(1), by striking the second sentence 
     and inserting the following: ``Notwithstanding any other 
     provision of law, when a vacancy arises, until such time as a 
     Chief Executive Officer, to whom sections 3345 through 3349b 
     of title 5, United States Code, shall not apply, is appointed 
     and confirmed by the Senate, an acting Chief Executive 
     Officer shall be appointed by the International Broadcasting 
     Advisory Board and shall continue to serve and exercise the 
     authorities and powers under this title as the sole means of 
     filling such vacancy, for the duration of the vacancy. In the 
     absence of a quorum on the International Broadcasting 
     Advisory Board, the first principal deputy of the United 
     States Agency for Global Media shall serve as acting Chief 
     Executive Officer.''.
       (c) Chief Executive Officer Authorities.--Section 305(a)(1) 
     of such Act (22 U.S.C. 6204(a)(1)) is amended by striking 
     ``To supervise all'' and inserting ``To oversee, coordinate, 
     and provide strategic direction for''.
       (d) International Broadcasting Advisory Board.--Section 
     306(a) of such Act (22 U.S.C. 6205(a)) is amended by striking 
     ``advise the Chief Executive Officer of'' and inserting 
     ``oversee and advise the Chief Executive Officer and''.
       (e) Radio Free Africa; Radio Free Americas.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Chief Executive Officer of the United States Agency for 
     Global Media shall submit a report to the Committee on 
     Foreign Relations of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives that details 
     the financial and other resources that would be required to 
     establish and operate 2 nonprofit organizations, modeled 
     after Radio Free Europe/Radio Liberty and Radio Free Asia, 
     for the purposes of providing accurate, uncensored, and 
     reliable news and information to--
       (1) the region of Africa, with respect to Radio Free 
     Africa; and
       (2) the region of Latin America and the Caribbean, with 
     respect to Radio Free Americas.

     SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       (a) In General.--The Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

       ``(a) Establishment.--There is established the John Lewis 
     Civil Rights Fellowship Program (referred to in this section 
     as the `Fellowship Program') within the J. William Fulbright 
     Educational Exchange Program.
       ``(b) Purposes.--The purposes of the Fellowship Program 
     are--
       ``(1) to honor the legacy of Representative John Lewis by 
     promoting a greater understanding of the history and tenets 
     of nonviolent civil rights movements; and
       ``(2) to advance foreign policy priorities of the United 
     States by promoting studies, research, and international 
     exchange in the subject of nonviolent movements that 
     established and protected civil rights around the world.
       ``(c) Administration.--The Bureau of Educational and 
     Cultural Affairs (referred to in this section as the 
     `Bureau') shall administer the Fellowship Program in 
     accordance with policy guidelines established by the Board, 
     in consultation with the binational Fulbright Commissions and 
     United States Embassies.
       ``(d) Selection of Fellows.--
       ``(1) In general.--The Board shall annually select 
     qualified individuals to participate in the Fellowship 
     Program. The Bureau may determine the number of fellows 
     selected each year, which, whenever feasible, shall be not 
     fewer than 25.
       ``(2) Outreach.--
       ``(A) In general.--To the extent practicable, the Bureau 
     shall conduct outreach at institutions, including--
       ``(i) minority serving institutions, including historically 
     Black colleges and universities; and
       ``(ii) other appropriate institutions, as determined by the 
     Bureau.
       ``(B) Definitions.--In this paragraph:
       ``(i) Historically black college and university.--The term 
     `historically Black college and university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(ii) Minority serving institution.--The term `minority-
     serving institution' means an eligible institution under 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(e) Fellowship Orientation.--Annually, the Bureau shall 
     organize and administer a fellowship orientation, which 
     shall--
       ``(1) be held in Washington, D.C., or at another location 
     selected by the Bureau; and
       ``(2) include programming to honor the legacy of 
     Representative John Lewis.
       ``(f) Structure.--
       ``(1) Work plan.--To carry out the purposes described in 
     subsection (b)--
       ``(A) each fellow selected pursuant to subsection (d) shall 
     arrange an internship or research placement--
       ``(i) with a nongovernmental organization, academic 
     institution, or other organization approved by the Bureau; 
     and
       ``(ii) in a country with an operational Fulbright U.S. 
     Student Program; and
       ``(B) the Bureau shall, for each fellow, approve a work 
     plan that identifies the target objectives for the fellow, 
     including specific duties and responsibilities relating to 
     those objectives.
       ``(2) Conferences; presentations.--Each fellow shall--
       ``(A) attend a fellowship orientation organized and 
     administered by the Bureau under subsection (e);
       ``(B) not later than the date that is 1 year after the end 
     of the fellowship period, attend a fellowship summit 
     organized and administered by the Bureau, which--
       ``(i) whenever feasible, shall be held in Atlanta, Georgia, 
     or another location of importance to the civil rights 
     movement in the United States; and
       ``(ii) may coincide with other events facilitated by the 
     Bureau; and
       ``(C) at such summit, give a presentation on lessons 
     learned during the period of fellowship.
       ``(3) Fellowship period.--Each fellowship under this 
     section shall continue for a period determined by the Bureau, 
     which, whenever feasible, shall be not fewer than 10 months.
       ``(g) Fellowship Award.--The Bureau shall provide each 
     fellow under this section with an allowance that is equal to 
     the amount needed for--
       ``(1) the reasonable costs of the fellow during the 
     fellowship period; and
       ``(2) travel and lodging expenses related to attending the 
     orientation and summit required under subsection (e)(2).
       ``(h) Annual Report.--Not later than 1 year after the date 
     of the completion of the Fellowship Program by the initial 
     cohort of fellows selected under subsection (d), and annually 
     thereafter, 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 the implementation of the Fellowship Program, 
     including--
       ``(1) a description of the demographics of the cohort of 
     fellows who completed a fellowship during the preceding 1-
     year period;
       ``(2) a description of internship and research placements, 
     and research projects selected by such cohort, under the 
     Fellowship Program, including feedback from--
       ``(A) such cohort on implementation of the Fellowship 
     Program; and
       ``(B) the Secretary on lessons learned; and
       ``(3) an analysis of trends relating to the diversity of 
     each cohort of fellows and the topics of projects completed 
     since the establishment of the Fellowship Program.''.
       (b) Technical and Conforming Amendments to the Mutual 
     Educational and Cultural Exchange Act of 1961.--Section 
     112(a) of the Mutual Educational and Cultural Exchange Act of 
     1961 ( 22 U.S.C. 2460(a)) is amended--
       (1) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(10) the John Lewis Civil Rights Fellowship Program 
     established under section 115, which provides funding for 
     international internships and research placements for early- 
     to mid-career individuals from the United States to study 
     nonviolent civil rights movements in self-arranged placements 
     with universities or nongovernmental organizations in foreign 
     countries.''.

     SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.

       (a) Strategy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     develop a strategy to explain to the American people the 
     value of the work of the Department and United States foreign 
     policy to advancing the national security of the United 
     States. The strategy shall include--
       (1) tools to inform the American people about the non-
     partisan importance of United States diplomacy and foreign 
     relations and to utilize public diplomacy to meet the United 
     States' national security priorities;
       (2) efforts to reach the widest possible audience of 
     Americans, including those who historically have not had 
     exposure to United States foreign policy efforts and 
     priorities;
       (3) additional staffing and resource needs including--
       (A) domestic positions within the Bureau of Global Public 
     Affairs to focus on engagement with the American people as 
     outlined in paragraph (1);
       (B) positions within the Bureau of Educational and Cultural 
     Affairs to enhance program and reach the widest possible 
     audience;
       (C) increasing the number of fellowship and detail programs 
     that place Foreign Service

[[Page S2890]]

     and civil service employees outside the Department for a 
     limited time, including Pearson Fellows, Reta Joe Lewis Local 
     Diplomats, Brookings Fellows, and Georgetown Fellows; and
       (D) recommendations for increasing participation in the 
     Hometown Diplomats program and evaluating this program as 
     well as other opportunities for Department officers to engage 
     with American audiences while traveling within the United 
     States.

     SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER.

       Section 1287(j) of the National Defense Authorization Act 
     for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by 
     striking ``on the date that is 8 years after the date of the 
     enactment of this Act'' and inserting ``on September 30, 
     2033''.

     SEC. 6607. PAPERWORK REDUCTION ACT.

       Section 5603(d) of the National Defense Authorization Act 
     for Fiscal Year 2022 (Public Law 117-81) is amended by adding 
     at the end the following new paragraph:
       ``(4) United States Information and Educational Exchange 
     Act of 1948 (Public Law 80-402).''.

     SEC. 6608. MODERNIZATION AND ENHANCEMENT STRATEGY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit a strategy to the 
     appropriate congressional committees for--
       (1) modernizing and increasing the operational and 
     programming capacity of American Spaces and American Corners 
     throughout the world, including by leveraging public-private 
     partnerships;
       (2) providing salaries to locally employed staff of 
     American Spaces and American Corners; and
       (3) providing opportunities for United States businesses 
     and nongovernmental organizations to better utilize American 
     Spaces.

                       TITLE LXVII--OTHER MATTERS

     SEC. 6701. EXPANDING THE USE OF DDTC LICENSING FEES.

       Section 45 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2717) is amended--
       (1) by striking ``100 percent of the registration fees 
     collected by the Office of Trade Controls of the Department 
     of State'' and inserting ``100 percent of the defense trade 
     control registration fees collected by the Department of 
     State'';
       (2) by inserting ``management, licensing, compliance, and 
     policy activities in the defense trade controls function, 
     including'' after ``expenses incurred for'';
       (3) in paragraph (1), by striking ``contract personnel to 
     assist in'';
       (4) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (5) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (6) by adding at the end the following new paragraphs:
       ``(4) the facilitation of defense trade policy development 
     and implementation, review of commodity jurisdiction 
     determinations, public outreach to industry and foreign 
     parties, and analysis of scientific and technological 
     developments as they relate to the exercise of defense trade 
     control authorities; and
       ``(5) contract personnel to assist in such activities.''.

     SEC. 6702. PROHIBITION ON ENTRY OF OFFICIALS OF FOREIGN 
                   GOVERNMENTS INVOLVED IN SIGNIFICANT CORRUPTION 
                   OR GROSS VIOLATIONS OF HUMAN RIGHTS.

       (a) Ineligibility.--
       (1) In general.--Officials of foreign governments, and 
     their immediate family members, about whom the Secretary has 
     credible information have been involved, directly or 
     indirectly, in significant corruption, including corruption 
     related to the extraction of natural resources, or a gross 
     violation of human rights, including the wrongful detention 
     of locally employed staff of a United States diplomatic 
     mission or a United States citizen or national, shall be 
     ineligible for entry into the United States.
       (2) Additional sanctions.--Concurrent with the application 
     of paragraph (1), the Secretary shall, as appropriate, refer 
     the matter to the Office of Foreign Assets Control of the 
     Department of the Treasury to determine whether to apply 
     sanctions authorities in accordance with United States law to 
     block the transfer of property and interests in property, and 
     all financial transactions, in the United States involving 
     any person described in such paragraph.
       (3) Designation.--The Secretary shall also publicly or 
     privately designate or identify the officials of foreign 
     governments about whom the Secretary has such credible 
     information, and their immediate family members, without 
     regard to whether the individual has applied for a visa.
       (b) Exceptions.--
       (1) Specific purposes.--Individuals shall not be ineligible 
     for entry into the United States pursuant to subsection (a) 
     if such entry would further important United States law 
     enforcement objectives or is necessary to permit the United 
     States to fulfill its obligations under the United Nations 
     Headquarters Agreement.
       (2) Rule of construction regarding international 
     obligations.--Nothing in subsection (a) shall be construed to 
     derogate from United States obligations under applicable 
     international agreements.
       (c) Waiver.--The Secretary may waive the application of 
     subsection (a) if the Secretary determines that the waiver 
     would serve a compelling national interest or that the 
     circumstances that caused the individual to be ineligible 
     have changed sufficiently.
       (d) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a report, including a classified annex if 
     necessary, that includes--
       (A) a description of information related to corruption or 
     violation of human rights concerning each of the individuals 
     found ineligible in the previous 12 months pursuant to 
     subsection (a)(1) as well as the individuals who the 
     Secretary designated or identified pursuant to subsection 
     (a)(3), or who would be ineligible but for the application of 
     subsection (b); and
       (B) a list of any waivers provided under subsection (c), 
     together with a justification for each waiver.
       (2) Form and publication.--
       (A) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (B) Public availability.--The Secretary shall make 
     available to the public on a publicly accessible internet 
     website of the Department the unclassified portion of each 
     report required under paragraph (1).
       (e) Clarification.--For purposes of subsections (a) and 
     (d), the records of the Department and of diplomatic and 
     consular offices of the United States pertaining to the 
     issuance or refusal of visas or permits to enter the United 
     States shall not be considered confidential.

     SEC. 6703. PROTECTION OF CULTURAL HERITAGE DURING CRISES.

       Notwithstanding the limitations specified in section 304(c) 
     of the Convention on Cultural Property Implementation Act (19 
     U.S.C. 2603(c)) and without regard to whether a country is a 
     State Party to the Convention (as defined in sections 302 of 
     such Act (19 U.S.C. 2601)), the Secretary may exercise the 
     authority under section 304 of such Act (19 U.S.C. 2603) to 
     impose import restrictions set forth in section 307 of such 
     Act (19 U.S.C. 2606) if the Secretary determines that--
       (1) imposition of such restrictions is in the national 
     interest of the United States; and
       (2) an emergency condition (as defined in section 304 of 
     such Act (19 U.S.C. 2603)) applies.

     SEC. 6704. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.

       ``(a) Activities.--
       ``(1) Support authorized.--The Secretary of State is 
     authorized to provide, by contract, grant, or otherwise, for 
     the performance of appropriate museum visitor and educational 
     outreach services and related events, including organizing 
     programs and conference activities, creating, designing, and 
     installing exhibits, and conducting museum shop services and 
     food services in the public exhibition and related physical 
     and virtual space utilized by the National Museum of American 
     Diplomacy.
       ``(2) Recovery of costs.--The Secretary of State is 
     authorized to recover any revenues generated under the 
     authority of paragraph (1) for visitor and educational 
     outreach services and related events referred to in such 
     paragraph, including fees for use of facilities at the 
     National Museum for American Diplomacy. Any such revenues may 
     be retained as a recovery of the costs of operating the 
     museum, credited to any Department of State appropriation, 
     and shall remain available until expended.
       ``(b) Disposition of Documents, Artifacts, and Other 
     Articles.--
       ``(1) Property.--All historic documents, artifacts, or 
     other articles permanently acquired by the Department of 
     State and determined by the Secretary of State to be suitable 
     for display by the National Museum of American Diplomacy 
     shall be considered to be the property of the United States 
     Government and shall be subject to disposition solely in 
     accordance with this subsection.
       ``(2) Sale, trade, or transfer.--Whenever the Secretary of 
     State makes a determination described in paragraph (3) with 
     respect to a document, artifact, or other article under 
     paragraph (1), taking into account considerations such as the 
     museum's collections management policy and best professional 
     museum practices, the Secretary may sell at fair market 
     value, trade, or transfer such document, artifact, or other 
     article without regard to the requirements of subtitle I of 
     title 40, United States Code. The proceeds of any such sale 
     may be used solely for the advancement of the mission of the 
     National Museum of American Diplomacy and may not be used for 
     any purpose other than the acquisition and direct care of the 
     collections of the Museum.
       ``(3) Determinations prior to sale, trade, or transfer.--
     The determination described in this paragraph with respect to 
     a document, artifact, or other article under paragraph (1) is 
     a determination that--
       ``(A) the document, artifact, or other article no longer 
     serves to further the purposes

[[Page S2891]]

     of the National Museum of American Diplomacy as set forth in 
     the collections management policy of the Museum;
       ``(B) the sale, trade, or transfer of the document, 
     artifact, or other article would serve to maintain the 
     standards of the collection of the Museum; or
       ``(C) the sale, trade, or transfer of the document, 
     artifact, or other article would be in the best interests of 
     the United States.
       ``(4) Loans.--In addition to the authorization under 
     paragraph (2) relating to the sale, trade, or transfer of 
     documents, artifacts, or other articles under paragraph (1), 
     the Secretary of State may loan the documents, artifacts, or 
     other articles, when not needed for use or display by the 
     National Museum of American Diplomacy, to the Smithsonian 
     Institution or a similar institution for repair, study, or 
     exhibition.''.

     SEC. 6705. EXTRATERRITORIAL OFFENSES COMMITTED BY UNITED 
                   STATES NATIONALS SERVING WITH INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Jurisdiction.--Whoever, while a United States national 
     or lawful permanent resident serving with the United Nations, 
     its specialized agencies, or other international organization 
     the Secretary has designated for purposes of this section and 
     published in the Federal Register, or while accompanying such 
     an individual, engages in conduct, or conspires or attempts 
     to engage in conduct, outside the United States that would 
     constitute an offense punishable by imprisonment for more 
     than one year if the conduct had been engaged in within the 
     special maritime and territorial jurisdiction of the United 
     States, shall be subject to United States jurisdiction in 
     order to be tried for that offense.
       (b) Definitions.--In this section:
       (1) Accompanying such individual.--The term ``accompanying 
     such individual'' means--
       (A) being a dependent, or family member of a United States 
     national or lawful permanent resident serving with the United 
     Nations, its specialized agencies, or other international 
     organization designated under subsection (a);
       (B) residing with such United States national or lawful 
     permanent resident serving with the United Nations, its 
     specialized agencies, or other international organization 
     designated under subsection (a); and
       (C) not being a national of or ordinarily resident in the 
     country where the offense is committed.
       (2) Serving with the united nations, its specialized 
     agencies, or other international organization as the 
     secretary of state may designate.--The term ``serving with 
     the United Nations, its specialized agencies, or other 
     international organization as the Secretary of State may 
     designate'' under subsection (a) means--
       (A) being a United States national or lawful permanent 
     resident employed as an employee, a contractor (including a 
     subcontractor at any tier), an employee of a contractor (or a 
     subcontractor at any tier), an expert on mission, or an 
     unpaid intern or volunteer of the United Nations, including 
     any of its funds, programs or subsidiary bodies, or any of 
     the United Nations specialized agencies, or of any 
     international organization designated under subsection 
     (a)(1); and
       (B) being present or residing outside the United States in 
     connection with such employment.
       (3) United states national.--The term ``United States 
     national'' has the meaning given the term ``national of the 
     United States'' in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)).
       (c) Rules of Construction.--Nothing in this section shall 
     be construed to limit or affect the application of 
     extraterritorial jurisdiction related to any other Federal 
     law.

     SEC. 6706. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO 
                   THE INTERNATIONAL ENERGY FORUM.

       The International Organizations Immunities Act (22 U.S.C. 
     288 et seq.) is amended by adding at the end the following 
     new section:
       ``Sec. 20.  Under such terms and conditions as the 
     President shall determine, the President is authorized to 
     extend the provisions of this subchapter to the International 
     Energy Forum Secretariat in the same manner, to the same 
     extent, and subject to the same conditions, as they may be 
     extended to a public international organization in which the 
     United States participates pursuant to any treaty or under 
     the authority of any Act of Congress authorizing such 
     participation or making an appropriation for such 
     participation.''.

     SEC. 6707. EXTENSION OF CERTAIN PRIVILEGES AND IMMUNITIES TO 
                   THE CONSEIL EUROPEEN POUR LA RECHERCHE 
                   NUCLEAIRE (CERN; THE EUROPEAN ORGANIZATION FOR 
                   NUCLEAR RESEARCH).

       The International Organizations Immunities Act (22 U.S.C. 
     288 et seq.), as amended by section 6706, is further amended 
     by adding at the end the following new section:
       ``Sec. 21.  Under such terms and conditions as the 
     President shall determine, the President is authorized to 
     extend the provisions of this title to the European 
     Organization for Nuclear Research (CERN) in the same manner, 
     to the same extent, and subject to the same conditions, as it 
     may be extended to a public international organization in 
     which the United States participates pursuant to any treaty 
     or under the authority of any Act of Congress authorizing 
     such participation or making an appropriation for such 
     participation.''.

     SEC. 6708. INTERNSHIPS OF UNITED STATES NATIONALS AT 
                   INTERNATIONAL ORGANIZATIONS.

       (a) In General.--The Secretary of State is authorized to 
     bolster efforts to increase the number of United States 
     citizens representative of the American people occupying 
     positions in the United Nations system, agencies, and 
     commissions, and in other international organizations, 
     including by awarding grants to educational institutions and 
     students.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     identifies--
       (1) the number of United States citizens who are involved 
     in internship programs at international organizations;
       (2) the distribution of the individuals described in 
     paragraph (1) among various international organizations; and
       (3) grants, programs, and other activities that are being 
     utilized to recruit and fund United States citizens to 
     participate in internship programs at international 
     organizations.
       (c) Eligibility.--An individual referred to in subsection 
     (a) is an individual who--
       (1) is enrolled at or received their degree within two 
     years from--
       (A) an institution of higher education; or
       (B) an institution of higher education based outside the 
     United States, as determined by the Secretary of State; and
       (2) is a citizen of the United States.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,500,000 for the Department of State for 
     fiscal year 2024 to carry out the grant program authorized 
     under subsection (a).

     SEC. 6709. TRAINING FOR INTERNATIONAL ORGANIZATIONS.

       (a) Training Programs.--Section 708 of the Foreign Service 
     Act of 1980 (22 U.S.C. 4028) is amended by adding at the end 
     of the following new subsection:
       ``(e) Training in Multilateral Diplomacy.--
       ``(1) In general.--The Secretary, in consultation with 
     other senior officials as appropriate, shall establish 
     training courses on--
       ``(A) the conduct of diplomacy at international 
     organizations and other multilateral institutions; and
       ``(B) broad-based multilateral negotiations of 
     international instruments.
       ``(2) Required training.--Members of the Service, including 
     appropriate chiefs of mission and other officers who are 
     assigned to United States missions representing the United 
     States to international organizations and other multilateral 
     institutions or who are assigned in other positions that have 
     as their primary responsibility formulation of policy related 
     to such organizations and institutions, or participation in 
     negotiations of international instruments, shall receive 
     specialized training in the areas described in paragraph (1) 
     prior to the beginning of service for such assignment or, if 
     receiving such training at that time is not practical, within 
     the first year of beginning such assignment.''.
       (b) Training for Department Employees.--The Secretary of 
     State shall ensure that employees of the Department of State 
     who are assigned to positions described in paragraph (2) of 
     subsection (e) of section 708 of the Foreign Service Act of 
     1980 (as added by subsection (a) of this section), including 
     members of the civil service or general service, or who are 
     seconded to international organizations for a period of at 
     least one year, receive training described in such subsection 
     and participate in other such courses as the Secretary may 
     recommend to build or augment identifiable skills that would 
     be useful for such Department officials representing United 
     States interests at these institutions and organizations.

     SEC. 6710. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL 
                   AGREEMENTS AND NON-BINDING INSTRUMENTS.

       Section 112b of title 1, United States Code, as most 
     recently amended by section 5947 of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023 
     (Public Law 117-263; 136 Stat. 3476), is further amended--
       (1) by redesignating subsections (h) through (l) as 
     subsections (i) through (m), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h)(1) If the Secretary is aware or has reason to believe 
     that the requirements of subsection (a), (b), or (c) have not 
     been fulfilled with respect to an international agreement or 
     qualifying non-binding instrument, the Secretary shall--
       ``(A) immediately bring the matter to the attention of the 
     office or agency responsible for the agreement or qualifying 
     non-binding instrument; and
       ``(B) request the office or agency to provide within 7 days 
     the text or other information necessary to fulfill the 
     requirements of the relevant subsection.
       ``(2) Upon receiving the text or other information 
     requested pursuant to paragraph (1), the Secretary shall--
       ``(A) fulfill the requirements of subsection (a), (b), or 
     (c), as the case may be, with respect to the agreement or 
     qualifying non-binding instrument concerned--
       ``(i) by including such text or other information in the 
     next submission required by subsection (a)(1);
       ``(ii) by providing such information in writing to the 
     Majority Leader of the Senate, the Minority Leader of the 
     Senate, the Speaker

[[Page S2892]]

     of the House of Representatives, the Minority Leader of the 
     House of Representatives, and the appropriate congressional 
     committees before provision of the submission described in 
     clause (i); or
       ``(iii) in relation to subsection (b), by making the text 
     of the agreement or qualifying non-binding instrument and the 
     information described in subparagraphs (A)(iii) and (B)(iii) 
     of subsection (a)(1) relating to the agreement or instrument 
     available to the public on the website of the Department of 
     State within 15 days of receiving the text or other 
     information requested pursuant to paragraph (1); and
       ``(B) provide to the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, and the appropriate congressional 
     committees, either in the next submission required by 
     subsection (a)(1) or before such submission, a written 
     statement explaining the reason for the delay in fulfilling 
     the requirements of subsection (a), (b), or (c), as the case 
     may be.''.

     SEC. 6711. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL 
                   AFGHAN SPECIAL IMMIGRANT VISA APPLICATIONS AND 
                   APPEALS.

       Section 602 of the Afghan Allies Protection Act of 2009 
     (Public Law 111-8; 8 U.S.C. 1101 note) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``In this section'' and inserting ``Except 
     as otherwise explicitly provided, in this section''; and
       (2) in subsection (b), by adding at the end the following:
       ``(16) Department of state strategy for efficient 
     processing of applications and appeals.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary of State, 
     in consultation with the Secretary of Homeland Security, the 
     Secretary of Defense, the head of any other relevant Federal 
     agency, the appropriate committees of Congress, and civil 
     society organizations (including legal advocates), shall 
     develop a strategy to address applications pending at all 
     steps of the special immigrant visa process under this 
     section.
       ``(B) Elements.--The strategy required by subparagraph (A) 
     shall include the following:
       ``(i) A review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process under this section.
       ``(ii) An analysis of the expected Chief of Mission 
     approvals and denials of applications in the pipeline in 
     order to project the expected number of visas necessary to 
     provide special immigrant status to all approved applicants 
     under this Act during the several years after the date of the 
     enactment of this paragraph.
       ``(iii) A plan for collecting and disaggregating data on--

       ``(I) individuals who have applied for special immigrant 
     visas under this section; and
       ``(II) individuals who have been issued visas under this 
     section.

       ``(iv) An assessment as to whether adequate guidelines 
     exist for reconsidering or reopening applications for special 
     immigrant visas under this section in appropriate 
     circumstances and consistent with applicable laws.
       ``(v) An assessment of the procedures throughout the 
     special immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       ``(C) Form.--The strategy required by subparagraph (A) 
     shall be submitted in unclassified form but may include an 
     classified annex.
       ``(D) Appropriate committees of congress defined.--In this 
     paragraph, the term `appropriate committees of Congress' 
     means--
       ``(i) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Armed Services of 
     the Senate; and
       ``(ii) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Homeland Security, and the 
     Committee on Armed Services of the House of 
     Representatives.''.

     SEC. 6712. REPORT ON PARTNER FORCES UTILIZING UNITED STATES 
                   SECURITY ASSISTANCE IDENTIFIED AS USING HUNGER 
                   AS A WEAPON OF WAR.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States recognizes the link between armed 
     conflict and conflict-induced food insecurity;
       (2) Congress recognizes and condemns the role of nefarious 
     security actors, including state and non-state armed groups, 
     who have utilized hunger as a weapon of war, including 
     through the unanimous adoption of House of Representatives 
     Resolution 922 and Senate Resolution 669 relating to 
     ``[c]ondemning the use of hunger as a weapon of war and 
     recognizing the effect of conflict on global food security 
     and famine'';
       (3) United Nations Security Council Resolution 2417 
     articulates principles that should serve as an important 
     framework for holding perpetrators that use hunger as a 
     weapon of war accountable; and
       (4) the United States should use the diplomatic and 
     humanitarian tools at our disposal to not only fight global 
     hunger, mitigate the spread of conflict, and promote 
     critical, lifesaving assistance, but also hold perpetrators 
     using hunger as a weapon of war to account.
       (b) Definitions.--In this paragraph:
       (1) Hunger as a weapon of war.--The term ``hunger as a 
     weapon of war'' means--
       (A) intentional starvation of civilians;
       (B) intentional and reckless destruction, removal, looting, 
     or rendering useless objects necessary for food production 
     and distribution, such as farmland, markets, mills, food 
     processing and storage facilities, food stuffs, crops, 
     livestock, agricultural assets, waterways, water systems, 
     drinking water facilities and supplies, and irrigation 
     networks;
       (C) undue denial of humanitarian access and deprivation of 
     objects indispensable to people's survival, such as food 
     supplies and nutrition resources; and
       (D) willful interruption of market systems for populations 
     in need, including through the prevention of travel and 
     manipulation of currency exchange.
       (2) Security assistance.--The term ``security assistance'' 
     means assistance meeting the definition of ``security 
     assistance'' under section 502B of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2304).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of Defense shall 
     submit a report to the appropriate congressional committees, 
     the Committee on Armed Services of the Senate, and the 
     Committee on Armed Services of the House of Representatives 
     regarding--
       (1) United States-funded security assistance and 
     cooperation; and
       (2) whether the governments and entities receiving such 
     assistance have or are currently using hunger as a weapon of 
     war.
       (d) Elements.--The report required under subsection (c) 
     shall--
       (1) identify countries receiving United States-funded 
     security assistance or participating in security programs and 
     activities, including in coordination with the Department of 
     Defense, that are currently experiencing famine-like 
     conditions as a result of conflict;
       (2) describe the actors and actions taken by such actors in 
     the countries identified pursuant to paragraph (1) who are 
     utilizing hunger as a weapon of war; and
       (3) describe any current or existing plans to continue 
     providing United States-funded security assistance to 
     recipient countries.
       (e) Form.--The report required under subsection (c) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 6713. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE 
                   UNITED STATES AND PEOPLE'S REPUBLIC OF CHINA.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary, in coordination with the 
     Administrator of the United States Agency for International 
     Development, shall submit a report to the appropriate 
     congressional committees regarding the opportunities and 
     costs of infrastructure projects in Middle East, African, and 
     Latin American and Caribbean countries, which shall--
       (1) describe the nature and total funding of United States 
     infrastructure investments and construction in Middle East, 
     African, and Latin American and Caribbean countries, and that 
     of United States allies and partners in the same regions;
       (2) describe the nature and total funding of infrastructure 
     investments and construction by the People's Republic of 
     China in Middle East, African, and Latin American and 
     Caribbean countries;
       (3) assess the national security threats posed by the 
     infrastructure investment gap between the People's Republic 
     of China and the United States and United States allies and 
     partners, including--
       (A) infrastructure, such as ports;
       (B) access to critical and strategic minerals;
       (C) digital and telecommunication infrastructure;
       (D) threats to supply chains; and
       (E) general favorability towards the People's Republic of 
     China and the United States and United States' allies and 
     partners among Middle East, African, and Latin American and 
     Caribbean countries;
       (4) assess the opportunities and challenges for companies 
     based in the United States to invest in infrastructure 
     projects in Middle East, African, and Latin American and 
     Caribbean countries;
       (5) describe options for the United States Government to 
     undertake to increase support for United States businesses 
     engaged in large-scale infrastructure projects in Middle 
     East, African, and Latin American and Caribbean countries; 
     and
       (6) identify regional infrastructure priorities, ranked 
     according to United States national interests, in Middle 
     East, African, and Latin American and Caribbean countries.

     SEC. 6714. SPECIAL ENVOYS.

       (a) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall conduct a review 
     of all special envoy positions to determine--
       (1) which special envoy positions are needed to accomplish 
     the mission of the Department;

[[Page S2893]]

       (2) which special envoy positions could be absorbed into 
     the Department's existing bureau structure;
       (3) which special envoy positions were established by an 
     Act of Congress; and
       (4) which special envoy positions were created by the 
     Executive Branch without explicit congressional approval.
       (b) Report.--Not later than 60 days after the completion of 
     the review required under subsection (a), the Secretary shall 
     submit a report to the appropriate congressional committees 
     that includes--
       (1) a list of every special envoy position in the 
     Department;
       (2) a detailed justification of the need for each special 
     envoy, if warranted;
       (3) a list of the special envoy positions that could be 
     absorbed into the Department's existing bureau structure 
     without compromising the mission of the Department;
       (4) a list of the special envoy positions that were created 
     by an Act of Congress; and
       (5) a list of the special envoy positions that are not 
     expressly authorized by statute.

     SEC. 6715. US-ASEAN CENTER.

       (a) Defined Term.--In this section, the term ``ASEAN'' 
     means the Association of Southeast Asian Nations.
       (b) Establishment.--The Secretary is authorized to enter 
     into a public-private partnership for the purposes of 
     establishing a US-ASEAN Center in the United States to 
     support United States economic and cultural engagement with 
     Southeast Asia.
       (c) Functions.--Notwithstanding any other provision of law, 
     the US-ASEAN Center established pursuant to subsection (b) 
     may--
       (1) provide grants for research to support and elevate the 
     importance of the US-ASEAN partnership;
       (2) facilitate activities to strengthen US-ASEAN trade and 
     investment;
       (3) expand economic and technological relationships between 
     ASEAN countries and the United States into new areas of 
     cooperation;
       (4) provide training to United States citizens and citizens 
     of ASEAN countries that improve people-to-people ties;
       (5) develop educational programs to increase awareness for 
     the United States and ASEAN countries on the importance of 
     relations between the United States and ASEAN countries; and
       (6) carry out other activities the Secretary considers 
     necessary to strengthen ties between the United States and 
     ASEAN countries and achieve the objectives of the US-ASEAN 
     Center.

     SEC. 6716. REPORT ON VETTING OF STUDENTS FROM NATIONAL 
                   DEFENSE UNIVERSITIES AND OTHER ACADEMIC 
                   INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Homeland Security, shall submit to the 
     appropriate congressional committees a report that includes--
       (1) an evaluation of the screening process of foreign 
     nationals entering the United States from the People's 
     Republic of China who attend or have attended--
       (A) a top tier university administered by the Ministry of 
     Industry and Information Technology of the People's Republic 
     of China; or
       (B) an academic institution of the People's Republic of 
     China identified on the list required by section 1286(c)(8) 
     of the John S. McCain National Defense Authorization Act of 
     2019 (Public Law 115-232; 10 U.S.C. 2358 note);
       (2) an assessment of any vulnerabilities in the screening 
     process, and recommendations for legal, regulatory, or other 
     changes or steps to address such vulnerabilities; and
       (3) the number of visas approved and denied by the 
     Department, to the extent possible, for students from the 
     People's Republic of China in science, technology, 
     engineering, and mathematics fields, including the number of 
     such students who are pursuing an advanced degree or 
     repeating a degree in such fields over the last five years.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.

     SEC. 6717. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION 
                   TRADE AND TECHNOLOGY COUNCIL.

       It is the sense of Congress that the United States-European 
     Union Trade and Technology Council is an important forum for 
     the United States and in the European Union to engage on 
     transatlantic trade, investment, and engagement on matters 
     related to critical and emerging technology and that the 
     Department should provide regular updates to the appropriate 
     congressional committees on the deliverables and policy 
     initiatives announced at United States-European Union Trade 
     and Technology Council ministerials

     SEC. 6718. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND 
                   AUTHORITY RELATING TO CONCURRENCE PROVIDED BY 
                   CHIEFS OF MISSION FOR SUPPORT OF CERTAIN 
                   GOVERNMENT OPERATIONS.

       (a) Notification Required.--Not later than 30 days after 
     the date on which a chief of mission concurs with providing 
     United States Government support to entities or individuals 
     engaged in facilitating or supporting United States 
     Government military- or security-related operations within 
     the area of responsibility of the chief of mission, the 
     Secretary shall notify the appropriate congressional 
     committees of such concurrence.
       (b) Semiannual Review, Determination, and Briefing 
     Required.--Not less frequently than semiannually, the 
     Secretary, in order to ensure that the support described in 
     subsection (a) continues to align with United States foreign 
     policy objectives and the objectives of the Department, 
     shall--
       (1) conduct a review of any concurrence described in 
     subsection (a) that is in effect;
       (2) determine, based on such review, whether to revoke any 
     such concurrence pending further study and review; and
       (3) brief the appropriate congressional committees 
     regarding the results of such review.
       (c) Revocation of Concurrence.--If the Secretary 
     determines, pursuant to a review conducted under subsection 
     (b), that any concurrence described in subsection (a) should 
     be revoked, the Secretary may revoke such concurrence.
       (d) Annual Report Required.--Not later than January 31 of 
     each year, the Secretary shall submit a report to the 
     appropriate congressional committees that includes--
       (1) a description of any support described in subsection 
     (a) that was provided with the concurrence of a chief of 
     mission during the calendar year preceding the calendar year 
     in which the report is submitted; and
       (2) an analysis of the effects of such support on 
     diplomatic lines of effort, including with respect to--
       (A) nonproliferation, anti-terrorism, demining, and related 
     programs and associated anti-terrorism assistance programs;
       (B) international narcotics control and law enforcement 
     programs; and
       (C) foreign military sales, foreign military financing, and 
     associated training programs.

     SEC. 6719. MODIFICATION AND REPEAL OF REPORTS.

       (a) Country Reports on Human Rights Practices.--
       (1) In general.--The Secretary shall examine the production 
     of the 2023 and subsequent annual Country Reports on Human 
     Rights Practices by the Assistant Secretary for Democracy, 
     Human Rights, and Labor as required under sections 116(d) and 
     502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151n(d), 2304(b)) to maximize--
       (A) cost and personnel efficiencies;
       (B) the potential use of data and analytic tools and 
     visualization; and
       (C) advancement of the modernization agenda for the 
     Department announced by the Secretary on October 27, 2021.
       (2) Transnational repression amendments to annual country 
     reports on human rights practices.--Section 116(d) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is 
     amended by adding at the end the following new paragraph:
       ``(13) Wherever applicable, a description of the nature and 
     extent of acts of transnational repression that occurred 
     during the preceding year, including identification of--
       ``(A) incidents in which a government harassed, 
     intimidated, or killed individuals outside of their 
     internationally recognized borders and the patterns of such 
     repression among repeat offenders;
       ``(B) countries in which such transnational repression 
     occurs and the role of the governments of such countries in 
     enabling, preventing, mitigating, and responding to such 
     acts;
       ``(C) the tactics used by the governments of countries 
     identified pursuant to subparagraph (A), including the 
     actions identified and any new techniques observed;
       ``(D) in the case of digital surveillance and harassment, 
     the type of technology or platform, including social media, 
     smart city technology, health tracking systems, general 
     surveillance technology, and data access, transfer, and 
     storage procedures, used by the governments of countries 
     identified pursuant to subparagraph (A) for such actions; and
       ``(E) groups and types of individuals targeted by acts of 
     transnational repression in each country in which such acts 
     occur.''.
       (b) Elimination of Obsolete Reports.--
       (1) Annual reports relating to funding mechanisms for 
     telecommunications security and semiconductors.--Division H 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283) 
     is amended--
       (A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
       (i) by striking subparagraph (C); and
       (ii) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (B) in section 9905 (15 U.S.C. 4655)--
       (i) by striking subsection (c); and
       (ii) by redesignating subsection (d) as subsection (c).
       (2) Reports relating to foreign assistance to counter 
     russian influence and media organizations controlled by 
     russia.--The Countering Russian Influence in Europe and 
     Eurasia Act of 2017 (title II of Public Law 115-44) is 
     amended--
       (A) in section 254(e)--
       (i) in paragraph (1)--

       (I) by striking ``In general.--'';
       (II) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively, and moving such 
     paragraphs 2 ems to the left; and

       (ii) by striking paragraph (2); and

[[Page S2894]]

       (B) by striking section 255.
       (3) Annual report on promoting the rule of law in the 
     russian federation.--Section 202 of the Russia and Moldova 
     Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law 
     Accountability Act of 2012 (Public Law 112-208) is amended by 
     striking subsection (a).
       (4) Annual report on advancing freedom and democracy.--
     Section 2121 of the Advance Democratic Values, Address 
     Nondemocratic Countries, and Enhance Democracy Act of 2007 
     (title XXI of Public Law 110-53) is amended by striking 
     subsection (c).
       (5) Annual reports on united states-vietnam human rights 
     dialogue meetings.--Section 702 of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is 
     repealed.

     SEC. 6720. MODIFICATION OF BUILD ACT OF 2018 TO PRIORITIZE 
                   PROJECTS THAT ADVANCE NATIONAL SECURITY.

       Section 1412 of the Build Act of 2018 (22 U.S.C. 9612) is 
     amended by adding at the end the following subsection:
       ``(d) Prioritization of National Security Interests.--The 
     Corporation shall prioritize the provision of support under 
     title II in projects that advance core national security 
     interests of the United States with respect to the People's 
     Republic of China.''.

     SEC. 6721. PERMITTING FOR INTERNATIONAL BRIDGES.

       The International Bridge Act of 1972 (33 U.S.C. 535 et 
     seq.) is amended by inserting after section 5 the following:

     ``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.

       ``(a) Definitions.--In this section:
       ``(1) Eligible applicant.--The term `eligible applicant' 
     means an entity that has submitted an application for a 
     Presidential permit during the period beginning on December 
     1, 2020, and ending on December 31, 2024, for any of the 
     following:
       ``(A) 1 or more international bridges in Webb County, 
     Texas.
       ``(B) An international bridge in Cameron County, Texas.
       ``(C) An international bridge in Maverick County, Texas.
       ``(2) Presidential permit.--
       ``(A) In general.--The term `Presidential permit' means--
       ``(i) an approval by the President to construct, maintain, 
     and operate an international bridge under section 4; or
       ``(ii) an approval by the President to construct, maintain, 
     and operate an international bridge pursuant to a process 
     described in Executive Order 13867 (84 Fed. Reg. 15491; 
     relating to Issuance of Permits With Respect to Facilities 
     and Land Transportation Crossings at the International 
     Boundaries of the United States) (or any successor Executive 
     Order).
       ``(B) Inclusion.--The term `Presidential permit' includes 
     an amendment to an approval described in clause (i) or (ii) 
     of subparagraph (A).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of State.
       ``(b) Application.--An eligible applicant for a 
     Presidential permit to construct, maintain, and operate an 
     international bridge shall submit an application for the 
     permit to the Secretary.
       ``(c) Recommendation.--
       ``(1) In general.--Not later than 60 days after the date on 
     which the Secretary receives an application under subsection 
     (b), the Secretary shall make a recommendation to the 
     President--
       ``(A) to grant the Presidential permit; or
       ``(B) to deny the Presidential permit.
       ``(2) Consideration.--The sole basis for a recommendation 
     under paragraph (1) shall be whether the international bridge 
     is in the foreign policy interests of the United States.
       ``(d) Presidential Action.--
       ``(1) In general.--The President shall grant or deny the 
     Presidential permit for an application under subsection (b) 
     by not later than 60 days after the earlier of--
       ``(A) the date on which the Secretary makes a 
     recommendation under subsection (c)(1); and
       ``(B) the date on which the Secretary is required to make a 
     recommendation under subsection (c)(1).
       ``(2) No action.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     President does not grant or deny the Presidential permit for 
     an application under subsection (b) by the deadline described 
     in paragraph (1), the Presidential permit shall be considered 
     to have been granted as of that deadline.
       ``(B) Requirement.--As a condition on a Presidential permit 
     considered to be granted under subparagraph (A), the eligible 
     applicant shall complete all applicable environmental 
     documents required pursuant to Public Law 91-190 (42 U.S.C. 
     4321 et seq.).
       ``(e) Document Requirements.--Notwithstanding any other 
     provision of law, the Secretary shall not require an eligible 
     applicant for a Presidential permit--
       ``(1) to include in the application under subsection (b) 
     environmental documents prepared pursuant to Public Law 91-
     190 (42 U.S.C. 4321 et seq.); or
       ``(2) to have completed any environmental review under 
     Public Law 91-190 (42 U.S.C. 4321 et seq.) prior to the 
     President granting a Presidential permit under subsection 
     (d).
       ``(f) Rules of Construction.--Nothing in this section--
       ``(1) prohibits the President from granting a Presidential 
     permit conditioned on the eligible applicant completing all 
     environmental documents pursuant to Public Law 91-190 (42 
     U.S.C. 4321 et seq.);
       ``(2) prohibits the Secretary from requesting a list of all 
     permits and approvals from Federal, State, and local agencies 
     that the eligible applicant believes are required in 
     connection with the international bridge, or a brief 
     description of how those permits and approvals will be 
     acquired; or
       ``(3) exempts an eligible applicant from the requirement to 
     complete all environmental documents pursuant to Public Law 
     91-190 (42 U.S.C. 4321 et seq.) prior to construction of an 
     international bridge.''.

               TITLE LXVIII--COMBATING GLOBAL CORRUPTION

     SEC. 6801. SHORT TITLE.

       This title may be cited as the ``Combating Global 
     Corruption Act''.

     SEC. 6802. DEFINITIONS.

       In this title:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.
       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.

     SEC. 6803. PUBLICATION OF TIERED RANKING LIST.

       (a) In General.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (b) Tier 1 Countries.--A country shall be ranked as a tier 
     1 country in the ranking published under subsection (a) if 
     the government of such country is complying with the minimum 
     standards set forth in section 804.
       (c) Tier 2 Countries.--A country shall be ranked as a tier 
     2 country in the ranking published under subsection (a) if 
     the government of such country is making efforts to comply 
     with the minimum standards set forth in section 804, but is 
     not achieving the requisite level of compliance to be ranked 
     as a tier 1 country.
       (d) Tier 3 Countries.--A country shall be ranked as a tier 
     3 country in the ranking published under subsection (a) if 
     the government of such country is making de minimis or no 
     efforts to comply with the minimum standards set forth in 
     section 6804.

     SEC. 6804. MINIMUM STANDARDS FOR THE ELIMINATION OF 
                   CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
                   CORRUPTION.

       (a) In General.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (1) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (2) enforces the laws described in paragraph (1) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (3) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (4) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (b) Factors for Assessing Government Efforts To Combat 
     Corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (1) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (2) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (3) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (4) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (5) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat

[[Page S2895]]

     corruption, including reporting, investigating, and 
     monitoring;
       (6) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (7) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (8) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (9) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (10) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (11) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (12) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (13) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (c) Assessing Government Efforts To Combat Corruption in 
     Relation to Relevant International Commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (1) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (2) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (3) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (4) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (5) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.

     SEC. 6805. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY 
                   HUMAN RIGHTS ACCOUNTABILITY ACT.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (1) in all countries identified as tier 3 countries under 
     section 6803(d); or
       (2) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (b) Report Required.--Not later than 180 days after 
     publishing the list required by section 6803(a) and annually 
     thereafter, the Secretary of State shall submit to the 
     committees specified in subsection (e) a report that 
     includes--
       (1) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     subsection (a);
       (2) the dates on which such sanctions were imposed;
       (3) the reasons for imposing such sanctions; and
       (4) a list of all foreign persons that have been engaged in 
     significant corruption in relation to the planning, 
     construction, or operation of the Nord Stream 2 pipeline.
       (c) Form of Report.--Each report required by subsection (b) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (d) Briefing in Lieu of Report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by subsection (b)(4)) 
     provide a briefing to the committees specified in subsection 
     (e) instead of submitting a written report required under 
     subsection (b), if doing so would better serve existing 
     United States anti-corruption efforts or the national 
     interests of the Untied States.
       (e) Termination of Requirements Relating to Nord Stream 
     2.--The requirements under subsections (a)(2) and (b)(4) 
     shall terminate on the date that is 5 years after the date of 
     the enactment of this Act.
       (f) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 6806. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) In General.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under section 803, or which the Secretary otherwise 
     determines is in need of such a point of contact. The point 
     of contact shall be the chief of mission or the chief of 
     mission's designee.
       (b) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (1) promote good governance in foreign countries; and
       (2) enhance the ability of such countries--
       (A) to combat public corruption; and
       (B) to develop and implement corruption risk assessment 
     tools and mitigation strategies.
       (c) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under subsection (a).

                        TITLE IX--AUKUS MATTERS

     SEC. 6901. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS partnership.--
       (A) In general.--The term ``AUKUS partnership'' means the 
     enhanced trilateral security partnership between Australia, 
     the United Kingdom, and the United States announced in 
     September 2021.
       (B) Pillars.--The AUKUS partnership includes the following 
     two pillars:
       (i) Pillar One is focused on developing a pathway for 
     Australia to acquire conventionally armed, nuclear-powered 
     submarines.
       (ii) Pillar Two is focused on enhancing trilateral 
     collaboration on advanced defense capabilities, including 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (3) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations).

              Subtitle A--Outlining the AUKUS Partnership

     SEC. 6911. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the AUKUS partnership is integral to United States 
     national security, increasing United States and allied 
     capability in the undersea domain of the Indo-Pacific, and 
     developing cutting edge military capabilities;
       (2) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will position the United States and 
     its allies to maintain peace and security in the Indo-
     Pacific;
       (3) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will be safely implemented with the 
     highest nonproliferation standards in alignment with--
       (A) safeguards established by the International Atomic 
     Energy Agency; and
       (B) the Additional Protocol to the Agreement between 
     Australia and the International Atomic Energy Agency for the 
     application of safeguards in connection with the Treaty on 
     the Non-Proliferation of Nuclear Weapons, signed at Vienna 
     September 23, 1997;
       (4) the United States will enter into a mutual defense 
     agreement with Australia, modeled on the 1958 bilateral 
     mutual defense agreement with the United Kingdom, for the 
     sole purpose of facilitating the transfer of naval nuclear 
     propulsion technology to Australia;
       (5) working with the United Kingdom and Australia to 
     develop and provide joint advanced military capabilities to 
     promote security and stability in the Indo-Pacific will have 
     tangible impacts on United States military effectiveness 
     across the world;
       (6) in order to better facilitate cooperation under Pillar 
     2 of the AUKUS partnership, it is imperative that every 
     effort be made to streamline United States export controls 
     consistent with necessary and reciprocal security safeguards 
     on United States technology at least comparable to those of 
     the United States;
       (7) the trade authorization mechanism for the AUKUS 
     partnership administered by the Department is a critical 
     first step in reimagining the United States export control 
     system to carry out the AUKUS partnership and expedite 
     technology sharing and defense trade among the United States, 
     Australia, and the United Kingdom; and

[[Page S2896]]

       (8) the vast majority of United States defense trade with 
     Australia is conducted through the Foreign Military Sales 
     (FMS) process, the preponderance of defense trade with the 
     United Kingdom is conducted through Direct Commercial Sales 
     (DCS), and efforts to streamline United States export 
     controls should focus on both Foreign Military Sales and 
     Direct Commercial Sales.

     SEC. 6912. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE 
                   DEPARTMENT OF STATE.

       (a) In General.--There shall be a Senior Advisor for the 
     AUKUS partnership at the Department, who--
       (1) shall report directly to the Secretary; and
       (2) may not hold another position in the Department 
     concurrently while holding the position of Senior Advisor for 
     the AUKUS partnership.
       (b) Duties.--The Senior Advisor shall--
       (1) be responsible for coordinating efforts related to the 
     AUKUS partnership across the Department, including the 
     bureaus engaged in nonproliferation, defense trade, security 
     assistance, and diplomatic relations in the Indo-Pacific;
       (2) serve as the lead within the Department for 
     implementation of the AUKUS partnership in interagency 
     processes, consulting with counterparts in the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Office of Naval Reactors, and any other relevant 
     agencies;
       (3) lead diplomatic efforts related to the AUKUS 
     partnership with other governments to explain how the 
     partnership will enhance security and stability in the Indo-
     Pacific; and
       (4) consult regularly with the appropriate congressional 
     committees, and keep such committees fully and currently 
     informed, on issues related to the AUKUS partnership, 
     including in relation to the AUKUS Pillar 1 objective of 
     supporting Australia's acquisition of conventionally armed, 
     nuclear-powered submarines and the Pillar 2 objective of 
     jointly developing advanced military capabilities to support 
     security and stability in the Indo-Pacific, as affirmed by 
     the President of the United States, the Prime Minister of the 
     United Kingdom, and the Prime Minister of Australia on April 
     5, 2022.
       (c) Personnel to Support the Senior Advisor.--The Secretary 
     shall ensure that the Senior Advisor is adequately staffed, 
     including through encouraging details, or assignment of 
     employees of the Department, with expertise related to the 
     implementation of the AUKUS partnership, including staff with 
     expertise in--
       (1) nuclear policy, including nonproliferation;
       (2) defense trade and security cooperation, including 
     security assistance; and
       (3) relations with respect to political-military issues in 
     the Indo-Pacific and Europe.
       (d) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, and not later than 90 days 
     after a Senior Advisor assumes such position, the Secretary 
     shall notify the appropriate congressional committees of the 
     number of full-time equivalent positions, relevant expertise, 
     and duties of any employees of the Department or detailees 
     supporting the Senior Advisor.
       (e) Sunset.--
       (1) In general.--The position of the Senior Advisor for the 
     AUKUS partnership shall terminate on the date that is 8 years 
     after the date of the enactment of this Act.
       (2) Renewal.--The Secretary may renew the position of the 
     Senior Advisor for the AUKUS partnership for 1 additional 
     period of 4 years, following notification to the appropriate 
     congressional committees of the renewal.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

     SEC. 6921. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraphs (3), (4), and (11), 
     the President may, under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761)--
       (A) transfer not more than two Virginia class submarines 
     from the inventory of the United States Navy to the 
     Government of Australia on a sale basis; and
       (B) transfer not more than one additional Virginia class 
     submarine to the Government of Australia on a sale basis.
       (2) Requirements not applicable.--A sale carried out under 
     paragraph (1)(B) shall not be subject to the requirements 
     of--
       (A) section 36 of the Arms Export Control Act (22 U.S.C. 
     2776); or
       (B) section 8677 of title 10, United States Code.
       (3) Certification; briefing.--
       (A) Presidential certification.--The President may exercise 
     the authority provided by paragraph (1) not earlier than 60 
     days after the date on which the President certifies to the 
     appropriate congressional committees that any submarine 
     transferred under such authority shall be used to support the 
     joint security interests and military operations of the 
     United States and Australia.
       (B) Waiver of chief of naval operations certification.--The 
     requirement for the Chief of Naval Operations to make a 
     certification under section 8678 of title 10, United States 
     Code, shall not apply to a transfer under paragraph (1).
       (C) Briefing.--Not later than 90 days before the sale of 
     any submarine under paragraph (1), the Secretary of the Navy 
     shall provide to the appropriate congressional committees a 
     briefing on--
       (i) the impacts of such sale to the readiness of the 
     submarine fleet of the United States, including with respect 
     to maintenance timelines, deployment-to-dwell ratios, 
     training, exercise participation, and the ability to meet 
     combatant commander requirements;
       (ii) the impacts of such sale to the submarine industrial 
     base of the United States, including with respect to 
     projected maintenance requirements, acquisition timelines for 
     spare and replacement parts, and future procurement of 
     Virginia class submarines for the submarine fleet of the 
     United States; and
       (iii) other relevant topics as determined by the Secretary 
     of the Navy.
       (4) Required mutual defense agreement.--Before any transfer 
     occurs under subsection (a), the United States and Australia 
     shall have a mutual defense agreement in place, which shall--
       (A) provide a clear legal framework for the sole purpose of 
     Australia's acquisition of conventionally armed, nuclear-
     powered submarines; and
       (B) meet the highest nonproliferation standards for the 
     exchange of nuclear materials, technology, equipment, and 
     information between the United States and Australia.
       (5) Subsequent sales.--A sale of a Virginia class submarine 
     that occurs after the sales described in paragraph (1) may 
     occur only if such sale is explicitly authorized in 
     legislation enacted after the date of the enactment of this 
     Act.
       (6) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under paragraph (1) 
     shall be charged to the Government of Australia.
       (7) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 of the Arms Export Control Act (22 
     U.S.C. 2761), any funds received by the United States 
     pursuant to a transfer under paragraph (1) shall--
       (A) be credited, at the discretion of the President, to--
       (i) the fund or account used in incurring the original 
     obligation for the acquisition of submarines transferred 
     under paragraph (1);
       (ii) an appropriate fund or account available for the 
     purposes for which the expenditures for the original 
     acquisition of submarines transferred under paragraph (1) 
     were made; or
       (iii) any other fund or account available for the purpose 
     specified in paragraph (8)(B); and
       (B) remain available for obligation until expended.
       (8) Use of funds.--Subject to paragraphs (9) and (10), the 
     President may use funds received pursuant to a transfer under 
     paragraph (1)--
       (A) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia; or
       (B) for improvements to the submarine industrial base of 
     the United States.
       (9) Plan for use of funds.--Before any use of any funds 
     received pursuant to a transfer under paragraph (1), the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing how such funds will be used, 
     including specific amounts and purposes.
       (10) Notification and report.--
       (A) Notification.--Not later than 30 days after the date of 
     any transfer under paragraph (1), and upon any transfer or 
     depositing of funds received pursuant to such a transfer, the 
     President shall notify the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives of--
       (i) the amount of funds received pursuant to the transfer; 
     and
       (ii) the specific account or fund into which the funds 
     described in clause (i) are deposited.
       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds received 
     pursuant to transfers under paragraph (1) have been fully 
     expended, the President shall submit to the committees 
     described in subparagraph (A) a report that includes an 
     accounting of how funds received pursuant to transfers under 
     paragraph (1) were used in the fiscal year preceding the 
     fiscal year in which the report is submitted.
       (11) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a submarine transferred under paragraph (1) constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The President may use proceeds from a 
     transfer described in subparagraph (A) for the acquisition of 
     submarine naval nuclear propulsion plants and nuclear fuel to 
     replace propulsion plants and fuel transferred to the 
     Government of Australia.

[[Page S2897]]

       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, the President shall--
       ``(A) determine the appropriate shipyard in the United 
     States, Australia, or the United Kingdom to perform any 
     repair or refurbishment of a United States submarine involved 
     in submarine security activities between the United States, 
     Australia, and the United Kingdom; and
       ``(B) in making a determination under subparagraph (A) with 
     respect whether a shipyard is appropriate, consider the 
     significance of the shipyard to strategically important areas 
     of operations.
       ``(2) Personnel.--Repair or refurbishment described in 
     paragraph (1)(A) may be carried out by personnel of the 
     United States, the United Kingdom, or Australia in accordance 
     with the international arrangements governing the submarine 
     security activities described in such paragraph.''.

     SEC. 6922. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED 
                   KINGDOM, AND UNITED STATES SUBMARINE SECURITY 
                   ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES 
                   ACCOUNT.

       (a) Acceptance Authority.--The President may accept from 
     the Government of Australia contributions of money made by 
     the Government of Australia for use by the Department of 
     Defense in support of non-nuclear related aspects of 
     submarine security activities between Australia, the United 
     Kingdom, and the United States (AUKUS).
       (b) Establishment of AUKUS Submarine Security Activities 
     Account.--
       (1) In general.--There is established in the Treasury of 
     the United States a special account to be known as the 
     ``AUKUS Submarine Security Activities Account''.
       (2) Crediting of contributions of money.--Contributions of 
     money accepted by the President under subsection (a) shall be 
     credited to the AUKUS Submarine Security Activities Account.
       (3) Availability.--Amounts credited to the AUKUS Submarine 
     Security Activities Account shall remain available until 
     expended.
       (c) Use of AUKUS Submarine Security Activities Account.--
       (1) In general.--Subject to paragraph (2), the President 
     may use funds in the AUKUS Submarine Security Activities 
     Account--
       (A) for any purpose authorized by law that the President 
     determines would support submarine security activities 
     between Australia, the United Kingdom, and the United States;
       (B) to carry out a military construction project related to 
     the AUKUS partnership that is not otherwise authorized by 
     law;
       (C) to develop and increase the submarine industrial base 
     workforce by investing in recruiting, training, and retaining 
     key specialized labor at public and private shipyards; or
       (D) to upgrade facilities, equipment, and infrastructure 
     needed to repair and maintain submarines at public and 
     private shipyards .
       (2) Plan for use of funds.--Before any use of any funds in 
     the AUKUS Submarine Security Activities Account, the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing--
       (A) the amount of funds in the AUKUS Submarine Security 
     Activities Account; and
       (B) how such funds will be used, including specific amounts 
     and purposes.
       (d) Transfers of Funds.--
       (1) In general.--In carrying out subsection (c) and subject 
     to paragraphs (2) and (5), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Defense 
     or any other appropriate agency.
       (2) Department of energy.--In carrying out subsection (c), 
     and in accordance with the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Energy 
     to carry out activities related to submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       (3) Availability for obligation.--Funds transferred under 
     this subsection shall be available for obligation for the 
     same time period and for the same purpose as the account or 
     fund to which transferred.
       (4) Transfer back to account.--Upon a determination by the 
     President that all or part of the funds transferred from the 
     AUKUS Submarine Security Activities Account are not necessary 
     for the purposes for which such funds were transferred, and 
     subject to paragraph (5), all or such part of such funds 
     shall be transferred back to the AUKUS Submarine Security 
     Activities Account.
       (5) Notification and report.--
       (A) Notification.--The President shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of--
       (i) before the transfer of any funds under this 
     subsection--

       (I) the amount of funds to be transferred; and
       (II) the planned or anticipated purpose of such funds; and

       (ii) before the obligation of any funds transferred under 
     this subsection--

       (I) the amount of funds to be obligated; and
       (II) the purpose of the obligation.

       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds transferred 
     under this subsection have been fully expended, the President 
     shall submit to the committees described in subparagraph (A) 
     a report that includes a detailed accounting of--
       (i) the amount of funds transferred under this subsection 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted; and
       (ii) the purposes for which such funds were used.
       (e) Investment of Money.--
       (1) Authorized investments.--The President may invest money 
     in the AUKUS Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       (2) Interest and other income.--Any interest or other 
     income that accrues from investment in securities referred to 
     in paragraph (1) shall be deposited to the credit of the 
     AUKUS Submarine Security Activities Account.
       (f) Relationship to Other Laws.--The authority to accept or 
     transfer funds under this section is in addition to any other 
     authority to accept or transfer funds.

     SEC. 6923. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or export 
     directly to private individuals in Australia defense services 
     that may be transferred to the Government of Australia under 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) to 
     support the development of the submarine industrial base of 
     Australia necessary for submarine security activities between 
     Australia, the United Kingdom, and the United States, 
     including if such individuals are not officers, employees, or 
     agents of the Government of Australia.
       (b) Security Controls.--
       (1) In general.--Any defense service transferred or 
     exported under subsection (a) shall be subject to appropriate 
     security controls to ensure that any sensitive information 
     conveyed by such transfer or export is protected from 
     disclosure to persons unauthorized by the United States to 
     receive such information.
       (2) Certification.--Not later than 30 days before the first 
     transfer or export of a defense service under subsection (a), 
     and annually thereafter, the President shall certify to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that the controls described in paragraph (1) will protect the 
     information described in such paragraph for the defense 
     services so transferred or exported.
       (c) Application of Requirements for Retransfer and 
     Reexport.--Any person who receives any defense service 
     transferred or exported under subsection (a) may retransfer 
     or reexport such service to other persons only in accordance 
     with the requirements of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

     SEC. 6931. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       (a) In General.--The President shall institute policies and 
     procedures for letters of request from Australia and the 
     United Kingdom to transfer defense articles and services 
     under section 21 of the Arms Export Control Act (22 U.S.C. 
     2761) related to the AUKUS partnership to receive expedited 
     consideration and processing relative to all other letters of 
     request other than from Taiwan and Ukraine.
       (b) Technology Transfer Policy for Australia, Canada, and 
     the United Kingdom.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, shall create an anticipatory release 
     policy for the transfer of technologies described in 
     paragraph (2) to Australia, the United Kingdom, and Canada 
     through Foreign Military Sales and Direct Commercial Sales 
     that are not covered by an exemption under the International 
     Traffic in Arms Regulations.
       (2) Capabilities described.--The capabilities described in 
     this paragraph are--
       (A) Pillar One-related technologies associated with 
     submarine and associated combat systems; and
       (B) Pillar Two-related technologies, including hypersonic 
     missiles, cyber capabilities, artificial intelligence, 
     quantum technologies, undersea capabilities, and other 
     advanced technologies.
       (3) Expedited decision-making.--Review of a transfer under 
     the policy established under paragraph (1) shall be subject 
     to an expedited decision-making process.
       (c) Interagency Policy and Guidance.--The Secretary and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     requests for Foreign Military Sales and Direct Commercial 
     Sales, including by incorporating the anticipatory release 
     provisions of this section.

[[Page S2898]]

  


     SEC. 6932. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, 
                   TECHNOLOGIES, AND EQUIPMENT FOR SALE TO 
                   AUSTRALIA AND THE UNITED KINGDOM THROUGH 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       Not later than 90 days after the date of the enactment of 
     this Act, and on a biennial basis thereafter for 8 years, 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 report that includes a list of 
     advanced military platforms, technologies, and equipment that 
     are pre-cleared and prioritized for sale and release to 
     Australia, the United Kingdom and Canada through the Foreign 
     Military Sales and Direct Commercial Sales programs without 
     regard to whether a letter of request or license to purchase 
     such platforms, technologies, or equipment has been received 
     from any of such country. Each list may include items that 
     are not related to the AUKUS partnership but may not include 
     items that are not covered by an exemption under the 
     International Traffic in Arms Regulations.

     SEC. 6933. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

       (a) In General.--Section 38 of the Arms Export Control Act 
     of 1976 (22 U.S.C. 2778) is amended by adding at the end the 
     following new subsection:
       ``(l) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, the Secretary of State may exempt 
     from the licensing or other approval requirements of this 
     section exports and transfers (including reexports, 
     retransfers, temporary imports, and brokering activities) of 
     defense articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection(j)(1)(C)(ii); and
       ``(C) involve only persons or entities that are approved 
     by--
       ``(i) the Secretary of State; and
       ``(ii) the Ministry of Defense, the Ministry of Foreign 
     Affairs, or other similar authority within those countries.
       ``(2) Limitation.--The authority provided in subparagraph 
     (1) shall not apply to any activity, including exports, 
     transfers, reexports, retransfers, temporary imports, or 
     brokering, of United States defense articles and defense 
     services involving any country or a person or entity of any 
     country other than the United States, the United Kingdom, and 
     Australia.''.
       (b) Required Standards of Export Controls.--The Secretary 
     may only exercise the authority under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, with respect to the United 
     Kingdom or Australia 30 days after the Secretary submits to 
     the appropriate congressional committees an unclassified 
     certification and detailed unclassified assessment (which may 
     include a classified annex) that the country concerned has 
     implemented standards for a system of export controls that 
     satisfies the elements of section 38(j)(2) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)(2)) for United States-origin 
     defense articles and defense services, and for controlling 
     the provision of military training, that are comparable to 
     those standards administered by the United States in effect 
     on the date of the enactment of this Act.
       (c) Certain Requirements Not Applicable.--
       (1) In general.--Paragraphs (1), (2), and (3) of section 
     3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall 
     not apply to any export or transfer that is the subject of an 
     exemption under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section.
       (2) Quarterly reports.--The Secretary shall--
       (A) require all exports and transfers that would be subject 
     to the requirements of paragraphs (1), (2), and (3) of 
     section 3(d) of the Arms Export Control Act (22 U.S.C. 
     2753(d)) but for the application of subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, to be reported to the 
     Secretary; and
       (B) submit such reports to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives on a quarterly basis.
       (d) Sunset.--Any exemption under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, shall terminate on the 
     date that is 15 years after the date of the enactment of this 
     Act. The Secretary of State may renew such exemption for 5 
     years upon a certification to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives that such exemption is in the 
     vital national interest of the United States with a detailed 
     justification for such certification.
       (e) Reports.--
       (1) Annual report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter until no 
     exemptions under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, remain in effect, the Secretary 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 the operation of exemptions issued under such 
     subsection (l)(1), including whether any changes to such 
     exemptions are likely to be made in the coming year.
       (B) Initial report.--The first report submitted under 
     subparagraph (A) shall also include an assessment of key 
     recommendations the United States Government has provided to 
     the Governments of Australia and the United Kingdom to revise 
     laws, regulations, and policies of such countries that are 
     required to implement the AUKUS partnership.
       (2) Report on expedited review of export licenses for 
     exports of advanced technologies.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Defense, shall 
     report on the practical application of a possible ``fast 
     track'' decision-making process for applications, classified 
     or unclassified, to export defense articles and defense 
     services to Australia, the United Kingdom, and Canada.

     SEC. 6934. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF 
                   ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED 
                   KINGDOM, AND CANADA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Defense, shall initiate a rulemaking to 
     establish an expedited decision-making process, classified or 
     unclassified, for applications to export to Australia, the 
     United Kingdom, and Canada commercial, advanced-technology 
     defense articles and defense services that are not covered by 
     an exemption under the International Traffic in Arms 
     Regulations.
       (b) Eligibility.--To qualify for the expedited decision-
     making process described in subsection (a), an application 
     shall be for an export of defense articles or defense 
     services that will take place wholly within or between the 
     physical territory of Australia, Canada, or the United 
     Kingdom and the United States and with governments or 
     corporate entities from such countries.
       (c) Availability of Expedited Process.--The expedited 
     decision-making process described in subsection (a) shall be 
     available for both classified and unclassified items, and the 
     process must satisfy the following criteria to the extent 
     practicable:
       (1) Any licensing application to export defense articles 
     and services that is related to a government to government 
     AUKUS agreement must be approved, returned, or denied withing 
     30 days of submission.
       (2) For all other licensing requests, any review shall be 
     completed not later than 45 calendar days after the date of 
     application.

     SEC. 6935. UNITED STATES MUNITIONS LIST.

       (a) Exemption for the Governments of the United Kingdom and 
     Australia From Certification and Congressional Notification 
     Requirements Applicable to Certain Transfers.--Section 
     38(f)(3) of the Arms Export Control Act (22 U.S.C. 
     2778(f)(3)) is amended by inserting ``, the United Kingdom, 
     or Australia'' after ``Canada''.
       (b) United States Munitions List Periodic Reviews.--
       (1) In general.--The Secretary, acting through authority 
     delegated by the President to carry out periodic reviews of 
     items on the United States Munitions List under section 38(f) 
     of the Arms Export Control Act (22 U.S.C. 2778(f)) and in 
     coordination with the Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, and the Director of the 
     Office of Management and Budget, shall carry out such reviews 
     not less frequently than every 3 years.
       (2) Scope.--The periodic reviews described in paragraph (1) 
     shall focus on matters including--
       (A) interagency resources to address current threats faced 
     by the United States;
       (B) the evolving technological and economic landscape;
       (C) the widespread availability of certain technologies and 
     items on the United States Munitions List; and
       (D) risks of misuse of United States-origin defense 
     articles.
       (3) Consultation.--The Department of State may consult with 
     the Defense Trade Advisory Group (DTAG) and other interested 
     parties in conducting the periodic review described in 
     paragraph (1).

                    Subtitle D--Other AUKUS Matters

     SEC. 6941. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

       (a) Report on Instruments.--
       (1) In general.--Not later than 30 days after the 
     signature, conclusion, or other finalization of any non-
     binding instrument related to the AUKUS partnership, the 
     President shall submit to the appropriate congressional 
     committees the text of such instrument.
       (2) Non-duplication of efforts; rule of construction.--To 
     the extent the text of a non-binding instrument is submitted 
     to the appropriate congressional committees pursuant to 
     subsection (a), such text does not need to be submitted to 
     Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 
     United States Code, as amended by section 5947 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1) 
     shall not be construed to relieve the executive branch of any 
     other requirement of section 112b of title 1, United States 
     Code, as amended so amended, or any other provision of law.
       (3) Definitions.--In this section:

[[Page S2899]]

       (A) In general.--The term ``text'', with respect to a non-
     binding instrument, includes--
       (i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument; and
       (ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument.
       (B) Contemporaneously and in conjunction with.--As used in 
     subparagraph (A), the term ``contemporaneously and in 
     conjunction with''--
       (i) shall be construed liberally; and
       (ii) may not be interpreted to require any action to have 
     occurred simultaneously or on the same day.
       (b) Report on AUKUS Partnership.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and biennially thereafter, the 
     Secretary, in coordination with the Secretary of Defense and 
     other appropriate heads of agencies, shall submit to the 
     appropriate congressional committees a report on the AUKUS 
     partnership.
       (2) Elements.--Each report required under paragraph (1) 
     shall include the following elements:
       (A) Strategy.--
       (i) An identification of the defensive military capability 
     gaps and capacity shortfalls that the AUKUS partnership seeks 
     to offset.
       (ii) An explanation of the total cost to the United States 
     associated with Pillar One of the AUKUS partnership.
       (iii) A detailed explanation of how enhanced access to the 
     industrial base of Australia is contributing to strengthening 
     the United States strategic position in Asia.
       (iv) A detailed explanation of the military and strategic 
     benefit provided by the improved access provided by naval 
     bases of Australia.
       (v) A detailed assessment of how Australia's sovereign 
     conventionally armed nuclear attack submarines contribute to 
     United States defense and deterrence objectives in the Indo-
     Pacific region.
       (B) Implement the aukus partnership.--
       (i) Progress made on achieving the Optimal Pathway 
     established for Australia's development of conventionally 
     armed, nuclear-powered submarines, including the following 
     elements:

       (I) A description of progress made by Australia, the United 
     Kingdom, and the United States to conclude an Article 14 
     arrangement with the International Atomic Energy Agency.
       (II) A description of the status of efforts of Australia, 
     the United Kingdom, and the United States to build the 
     supporting infrastructure to base conventionally armed, 
     nuclear-powered attack submarines.
       (III) Updates on the efforts by Australia, the United 
     Kingdom, and the United States to train a workforce that can 
     build, sustain, and operate conventionally armed, nuclear-
     powered attack submarines.
       (IV) A description of progress in establishing submarine 
     support facilities capable of hosting rotational forces in 
     western Australia by 2027.
       (V) A description of progress made in improving United 
     States submarine production capabilities that will enable the 
     United States to meet--

       (aa) its objectives of providing up to five Virginia Class 
     submarines to Australia by the early to mid-2030's; and
       (bb) United States submarine production requirements.
       (ii) Progress made on Pillar Two of the AUKUS partnership, 
     including the following elements:

       (I) An assessment of the efforts of Australia, the United 
     Kingdom, and the United States to enhance collaboration 
     across the following eight trilateral lines of effort:

       (aa) Underseas capabilities.
       (bb) Quantum technologies.
       (cc) Artificial intelligence and autonomy.
       (dd) Advanced cyber capabilities.
       (ee) Hypersonic and counter-hypersonic capabilities.
       (ff) Electronic warfare.
       (gg) Innovation.
       (hh) Information sharing.

       (II) An assessment of any new lines of effort established.

     SEC. 6942. REPORT ON DEFENSE COOPERATION AND EXPORT 
                   REGULATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary, in consultation with the Secretary 
     of Defense and the Secretary of Commerce, shall submit to the 
     appropriate congressional committees a report on--
       (1) defense cooperation and export regulations with respect 
     to implementation of the AUKUS partnership; and
       (2) what improvements to the implementation of the AUKUS 
     partnership can be achieved using existing authorities.

     SEC. 6943. REPORT ON PROTECTION OF SENSITIVE INFORMATION AND 
                   TECHNOLOGY.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary, in consultation with the Secretary 
     of Defense and the Director of National Intelligence, shall 
     submit to the appropriate congressional committees a report, 
     which may be in classified form, that includes the following 
     elements:
       (1) An assessment of the current abilities of the United 
     States, Australia, and the United Kingdom to protect the 
     transfer of sensitive information and technology.
       (2) An itemization of steps necessary for the United 
     States, Australia, and the United Kingdom to improve their 
     abilities to protect the transfer of sensitive information 
     and technology.

     SEC. 6944. REPORT ON THE UNITED STATES SUBMARINE INDUSTRIAL 
                   BASE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the United 
     States submarine industrial base.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of which individual or office within the 
     United States Government should provide certification of 
     whether the transfer of future Virginia class submarines per 
     the precepts of the AUKUS partnership impacts the readiness 
     of the United States Navy.
       (2) Recommendations for how the United States submarine 
     industrial base should best invest its financial and 
     workforce resources in support of the AUKUS partnership, 
     including--
       (A) how new members of an expanded submarine industrial 
     base workforce would be best employed in current public and 
     private shipyards;
       (B) a description of foreign educational exchange and 
     workforce development programs, either existing or that 
     should be developed, that would facilitate the collaboration 
     and training requirements necessary for the implementation of 
     the AUKUS partnership;
       (C) a description of potential barriers to workforce 
     collaboration, including, if appropriate, an assessment of 
     visa or other travel documentation requirements, both for 
     United States citizens working in the other partner nations 
     and for citizens of the United Kingdom and Australia working 
     in the United States on projects related to the AUKUS 
     partnership; and
       (D) whether the expanded capacity required by the 
     implementation of the AUKUS partnership warrants the 
     development of an additional shipyard within the United 
     States.
       (3) A description of other topics relevant to the effective 
     implementation of the AUKUS partnership, at the discretion of 
     the President.

     SEC. 6945. REPORT ON NAVY SUBMARINE REQUIREMENTS.

       Not later than 90 days after the date of the enactment of 
     this Act, the President shall submit to the appropriate 
     congressional committees a report on--
       (1) the certification requirements for the Australian 
     military and the future Australian civilian nuclear workforce 
     to ensure stewardship of nuclear-powered submarines; and
       (2) the impact of the implementation of the AUKUS 
     partnership on the United States Navy's ability to meet its 
     own submarine shipbuilding requirements.
                                 ______
                                 
  SA 778. Mr. BOOZMAN 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 XXVIII, add the 
     following:

     SEC. 2863. LAND CONVEYANCE, ARMY AND NAVY GENERAL HOSPITAL, 
                   HOT SPRINGS NATIONAL PARK, HOT SPRINGS, 
                   ARKANSAS.

       (a) In General.--The Secretary of the Army may convey to 
     the State of Arkansas by quitclaim deed, without 
     consideration, all right, title, and interest of the United 
     States in and to the covered property if, not later than five 
     years after the date of the enactment of this Act--
       (1) the Governor of Arkansas submits to the Secretary of 
     the Army a request for such conveyance; and
       (2) the Secretary of the Army, in consultation with the 
     Administrator of the General Services Administration, 
     determines such conveyance is appropriate notwithstanding the 
     requirements under section 3 of the Act of September 12, 1959 
     (Public Law 86-323).
       (b) Designation.--The Secretary of Defense, acting through 
     the Director of the Office of Local Defense Community 
     Cooperation, shall designate the State of Arkansas as the 
     local redevelopment authority with respect to the covered 
     property.
       (c) Grant Authority.--The Secretary of Defense, acting 
     through the Director of the Office of Local Defense Community 
     Cooperation, shall make a grant (including a supplemental 
     grant) or enter into a cooperative agreement to assist the 
     local redevelopment authority designated under subsection (b) 
     in planning community adjustments and economic 
     diversification, including site caretaker services, security 
     services, and fire protection services, required under the 
     conveyance under subsection (a).
       (d) Report Required.--Not later than 120 days after the 
     date of the enactment of this

[[Page S2900]]

     Act, the Secretary of the Army shall provide to the 
     congressional defense committees a briefing that includes--
       (1) with respect to the conveyance under subsection (a), a 
     summary of the coordination among affected stakeholders 
     including--
       (A) the Director of the Office of Local Defense Community 
     Cooperation;
       (B) the Administrator of the General Services 
     Administration;
       (C) the Director of the National Park Service;
       (D) the Governor of Arkansas;
       (E) the Mayor of Hot Springs, Arkansas; and
       (F) the Secretary of the Navy;
       (2) a summary of--
       (A) any environmental investigations conducted at the 
     covered property as of the date of the enactment of this Act;
       (B) the response actions required under any such 
     environmental investigation;
       (C) an estimate of the cost to each such response action; 
     and
       (D) an identification of potentially responsible parties, 
     if any, for any hazardous substance identified under an 
     environmental investigation described in subparagraph (A);
       (3) an estimate of the total cost to--
       (A) stabilize each structure on the covered property; and
       (B) demolish each such structure; and
       (4) an assessment of necessary steps for the covered 
     property to be eligible for a grant under the Arkansas 
     Brownfields Program and recommendations with respect to such 
     steps.
       (e) Covered Property Defined.--In this section, the term 
     ``covered property'' means the approximately twenty-one 
     acres, more or less, of land located at Hot Springs National 
     Park, Arkansas, which comprise facilities previously occupied 
     by the Army and Navy General Hospital conveyed by quitclaim 
     deed to the State of Arkansas pursuant to the Act of 
     September 12, 1959.
                                 ______
                                 
  SA 779. Mr. MENENDEZ (for himself, Mr. Kaine, and Mrs. Shaheen) 
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 G--AUKUS MATTERS

     SEC. 7001. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS partnership.--
       (A) In general.--The term ``AUKUS partnership'' means the 
     enhanced trilateral security partnership between Australia, 
     the United Kingdom, and the United States announced in 
     September 2021.
       (B) Pillars.--The AUKUS partnership includes the following 
     two pillars:
       (i) Pillar One is focused on developing a pathway for 
     Australia to acquire conventionally armed, nuclear-powered 
     submarines.
       (ii) Pillar Two is focused on enhancing trilateral 
     collaboration on advanced defense capabilities, including 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (3) Department.--The term ``Department'' means the 
     Department of State.
       (4) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

                TITLE I--OUTLINING THE AUKUS PARTNERSHIP

     SEC. 7011. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the AUKUS partnership is integral to United States 
     national security, increasing United States and allied 
     capability in the undersea domain of the Indo-Pacific, and 
     developing cutting edge military capabilities;
       (2) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will position the United States and 
     its allies to maintain peace and security in the Indo-
     Pacific;
       (3) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will be safely implemented with the 
     highest nonproliferation standards in alignment with--
       (A) safeguards established by the International Atomic 
     Energy Agency; and
       (B) the Additional Protocol to the Agreement between 
     Australia and the International Atomic Energy Agency for the 
     application of safeguards in connection with the Treaty on 
     the Non-Proliferation of Nuclear Weapons, signed at Vienna 
     September 23, 1997;
       (4) the United States will enter into a mutual defense 
     agreement with Australia, modeled on the 1958 bilateral 
     mutual defense agreement with the United Kingdom, for the 
     sole purpose of facilitating the transfer of naval nuclear 
     propulsion technology to Australia;
       (5) working with the United Kingdom and Australia to 
     develop and provide joint advanced military capabilities to 
     promote security and stability in the Indo-Pacific will have 
     tangible impacts on United States military effectiveness 
     across the world;
       (6) in order to better facilitate cooperation under Pillar 
     2 of the AUKUS partnership, it is imperative that every 
     effort be made to streamline United States export controls 
     consistent with necessary and reciprocal security safeguards 
     on United States technology at least comparable to those of 
     the United States;
       (7) the trade authorization mechanism for the AUKUS 
     partnership administered by the Department is a critical 
     first step in reimagining the United States export control 
     system to carry out the AUKUS partnership and expedite 
     technology sharing and defense trade among the United States, 
     Australia, and the United Kingdom; and
       (8) the AUKUS partnership will be most effective only after 
     both Australia and the United Kingdom make necessary changes 
     to align their standards for the protection of defense 
     information and materials with those of the United States.

     SEC. 7012. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE 
                   DEPARTMENT OF STATE.

       (a) In General.--There shall be a Senior Advisor for the 
     AUKUS partnership at the Department, who--
       (1) shall report directly to the Secretary; and
       (2) may not hold another position in the Department 
     concurrently while holding the position of Senior Advisor for 
     the AUKUS partnership.
       (b) Duties.--The Senior Advisor shall--
       (1) be responsible for coordinating efforts related to the 
     AUKUS partnership across the Department, including the 
     bureaus engaged in nonproliferation, defense trade, security 
     assistance, and diplomatic relations in the Indo-Pacific;
       (2) serve as the lead within the Department for 
     implementation of the AUKUS partnership in interagency 
     processes, consulting with counterparts in the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Office of Naval Reactors, and any other relevant 
     agencies;
       (3) lead diplomatic efforts related to the AUKUS 
     partnership with other governments to explain how the 
     partnership will enhance security and stability in the Indo-
     Pacific; and
       (4) consult regularly with the appropriate congressional 
     committees, and keep such committees fully and currently 
     informed, on issues related to the AUKUS partnership, 
     including in relation to the AUKUS Pillar 1 objective of 
     supporting Australia's acquisition of conventionally armed, 
     nuclear-powered submarines and the Pillar 2 objective of 
     jointly developing advanced military capabilities to support 
     security and stability in the Indo-Pacific, as affirmed by 
     the President of the United States, the Prime Minister of the 
     United Kingdom, and the Prime Minister of Australia on April 
     5, 2022.
       (c) Personnel to Support the Senior Advisor.--The Secretary 
     shall ensure that the Senior Advisor is adequately staffed, 
     including through encouraging details, or assignment of 
     employees of the Department, with expertise related to the 
     implementation of the AUKUS partnership, including staff with 
     expertise in--
       (1) nuclear policy, including nonproliferation;
       (2) defense trade and security cooperation, including 
     security assistance; and
       (3) relations with respect to political-military issues in 
     the Indo-Pacific and Europe.
       (d) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, and not later than 90 days 
     after a Senior Advisor assumes such position, the Secretary 
     shall notify the appropriate congressional committees of the 
     number of full-time equivalent positions, relevant expertise, 
     and duties of any employees of the Department or detailees 
     supporting the Senior Advisor.
       (e) Sunset.--
       (1) In general.--The position of the Senior Advisor for the 
     AUKUS partnership shall terminate on the date that is 8 years 
     after the date of the enactment of this Act.
       (2) Renewal.--The Secretary may renew the position of the 
     Senior Advisor for the AUKUS partnership for 1 additional 
     period of 4 years, following notification to the appropriate 
     congressional committees of the renewal.

     TITLE II--AUTHORIZATION FOR SUBMARINE TRANSFERS, SUPPORT, AND 
                 INFRASTRUCTURE IMPROVEMENT ACTIVITIES

     SEC. 7021. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraphs (3), (4), and (11), 
     the President may, under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761)--
       (A) transfer not more than two Virginia class submarines 
     from the inventory of the United States Navy to the 
     Government of Australia on a sale basis; and

[[Page S2901]]

       (B) transfer not more than one additional Virginia class 
     submarine to the Government of Australia on a sale basis.
       (2) Requirements not applicable.--A sale carried out under 
     paragraph (1)(B) shall not be subject to the requirements 
     of--
       (A) section 36 of the Arms Export Control Act (22 U.S.C. 
     2776); or
       (B) section 8677 of title 10, United States Code.
       (3) Certification; briefing.--
       (A) Presidential certification.--The President may exercise 
     the authority provided by paragraph (1) not earlier than 60 
     days after the date on which the President certifies to the 
     appropriate congressional committees that any submarine 
     transferred under such authority shall be used to support the 
     joint security interests and military operations of the 
     United States and Australia.
       (B) Waiver of chief of naval operations certification.--The 
     requirement for the Chief of Naval Operations to make a 
     certification under section 8678 of title 10, United States 
     Code, shall not apply to a transfer under paragraph (1).
       (C) Briefing.--Not later than 90 days before the sale of 
     any submarine under paragraph (1), the Secretary of the Navy 
     shall provide to the appropriate congressional committees a 
     briefing on--
       (i) the impacts of such sale to the readiness of the 
     submarine fleet of the United States, including with respect 
     to maintenance timelines, deployment-to-dwell ratios, 
     training, exercise participation, and the ability to meet 
     combatant commander requirements;
       (ii) the impacts of such sale to the submarine industrial 
     base of the United States, including with respect to 
     projected maintenance requirements, acquisition timelines for 
     spare and replacement parts, and future procurement of 
     Virginia class submarines for the submarine fleet of the 
     United States; and
       (iii) other relevant topics as determined by the Secretary 
     of the Navy.
       (4) Required mutual defense agreement.--Before any transfer 
     occurs under subsection (a), the United States and Australia 
     shall have a mutual defense agreement in place, which shall--
       (A) provide a clear legal framework for the sole purpose of 
     Australia's acquisition of conventionally armed, nuclear-
     powered submarines; and
       (B) meet the highest nonproliferation standards for the 
     exchange of nuclear materials, technology, equipment, and 
     information between the United States and Australia.
       (5) Subsequent sales.--A sale of a Virginia class submarine 
     that occurs after the sales described in paragraph (1) may 
     occur only if such sale is explicitly authorized in 
     legislation enacted after the date of the enactment of this 
     Act.
       (6) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under paragraph (1) 
     shall be charged to the Government of Australia.
       (7) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 of the Arms Export Control Act (22 
     U.S.C. 2761), any funds received by the United States 
     pursuant to a transfer under paragraph (1) shall--
       (A) be credited, at the discretion of the President, to--
       (i) the fund or account used in incurring the original 
     obligation for the acquisition of submarines transferred 
     under paragraph (1);
       (ii) an appropriate fund or account available for the 
     purposes for which the expenditures for the original 
     acquisition of submarines transferred under paragraph (1) 
     were made; or
       (iii) any other fund or account available for the purpose 
     specified in paragraph (8)(B); and
       (B) remain available for obligation until expended.
       (8) Use of funds.--Subject to paragraphs (9) and (10), the 
     President may use funds received pursuant to a transfer under 
     paragraph (1)--
       (A) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia; or
       (B) for improvements to the submarine industrial base of 
     the United States.
       (9) Plan for use of funds.--Before any use of any funds 
     received pursuant to a transfer under paragraph (1), the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing how such funds will be used, 
     including specific amounts and purposes.
       (10) Notification and report.--
       (A) Notification.--Not later than 30 days after the date of 
     any transfer under paragraph (1), and upon any transfer or 
     depositing of funds received pursuant to such a transfer, the 
     President shall notify the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives of--
       (i) the amount of funds received pursuant to the transfer; 
     and
       (ii) the specific account or fund into which the funds 
     described in clause (i) are deposited.
       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds received 
     pursuant to transfers under paragraph (1) have been fully 
     expended, the President shall submit to the committees 
     described in subparagraph (A) a report that includes an 
     accounting of how funds received pursuant to transfers under 
     paragraph (1) were used in the fiscal year preceding the 
     fiscal year in which the report is submitted.
       (11) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a submarine transferred under paragraph (1) constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The President may use proceeds from a 
     transfer described in subparagraph (A) for the acquisition of 
     submarine naval nuclear propulsion plants and nuclear fuel to 
     replace propulsion plants and fuel transferred to the 
     Government of Australia.
       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, and subject to paragraph (2), the President 
     shall determine the appropriate public or private shipyard in 
     the United States, Australia, or the United Kingdom to 
     perform any repair or refurbishment of a United States 
     submarine involved in submarine security activities between 
     the United States, Australia, and the United Kingdom.
       ``(2) Conditions.--
       ``(A) In general.--The President may determine under 
     paragraph (1) that repair or refurbishment described in such 
     paragraph may be performed in Australia or the United Kingdom 
     only if--
       ``(i) such repair or refurbishment will facilitate the 
     development of repair or refurbishment capabilities in the 
     United Kingdom or Australia;
       ``(ii) such repair or refurbishment will be for a United 
     States submarine that is assigned to a port outside of the 
     United States; or
       ``(iii) the Secretary of Defense certifies to Congress that 
     performing such repair or refurbishment at a shipyard in 
     Australia or the United Kingdom is required due to an exigent 
     threat to the national security interests of the United 
     States.
       ``(B) Consideration.--In making a determination under 
     subparagraph (A), the President shall consider any effects of 
     such determination on the capacity and capability of 
     shipyards in the United States.
       ``(C) Briefing required.--Not later than 15 days after the 
     date on which the Secretary of Defense makes a certification 
     under subparagraph (A)(iii), the Secretary shall brief the 
     congressional defense committees on--
       ``(i) the threat that requires the use of a shipyard in 
     Australia or the United Kingdom; and
       ``(ii) opportunities to mitigate the future potential need 
     to leverage foreign shipyards.
       ``(3) Personnel.--Repair or refurbishment described in 
     paragraph (1) may be carried out by personnel of the United 
     States, the United Kingdom, or Australia in accordance with 
     the international arrangements governing the submarine 
     security activities described in such paragraph.''.

     SEC. 7022. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED 
                   KINGDOM, AND UNITED STATES SUBMARINE SECURITY 
                   ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES 
                   ACCOUNT.

       (a) Acceptance Authority.--The President may accept from 
     the Government of Australia contributions of money made by 
     the Government of Australia for use by the Department of 
     Defense in support of non-nuclear related aspects of 
     submarine security activities between Australia, the United 
     Kingdom, and the United States (AUKUS).
       (b) Establishment of AUKUS Submarine Security Activities 
     Account.--
       (1) In general.--There is established in the Treasury of 
     the United States a special account to be known as the 
     ``AUKUS Submarine Security Activities Account''.
       (2) Crediting of contributions of money.--Contributions of 
     money accepted by the President under subsection (a) shall be 
     credited to the AUKUS Submarine Security Activities Account.
       (3) Availability.--Amounts credited to the AUKUS Submarine 
     Security Activities Account shall remain available until 
     expended.
       (c) Use of AUKUS Submarine Security Activities Account.--
       (1) In general.--Subject to paragraph (2), the President 
     may use funds in the AUKUS Submarine Security Activities 
     Account--
       (A) for any purpose authorized by law that the President 
     determines would support submarine security activities 
     between Australia, the United Kingdom, and the United States;
       (B) to carry out a military construction project related to 
     the AUKUS partnership that is not otherwise authorized by 
     law;
       (C) to develop and increase the submarine industrial base 
     workforce by investing in recruiting, training, and retaining 
     key specialized labor at public and private shipyards; or

[[Page S2902]]

       (D) to upgrade facilities, equipment, and infrastructure 
     needed to repair and maintain submarines at public and 
     private shipyards.
       (2) Plan for use of funds.--Before any use of any funds in 
     the AUKUS Submarine Security Activities Account, the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing--
       (A) the amount of funds in the AUKUS Submarine Security 
     Activities Account; and
       (B) how such funds will be used, including specific amounts 
     and purposes.
       (d) Transfers of Funds.--
       (1) In general.--In carrying out subsection (c) and subject 
     to paragraphs (2) and (5), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Defense 
     or any other appropriate agency.
       (2) Department of energy.--In carrying out subsection (c), 
     and in accordance with the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Energy 
     to carry out activities related to submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       (3) Availability for obligation.--Funds transferred under 
     this subsection shall be available for obligation for the 
     same time period and for the same purpose as the account or 
     fund to which transferred.
       (4) Transfer back to account.--Upon a determination by the 
     President that all or part of the funds transferred from the 
     AUKUS Submarine Security Activities Account are not necessary 
     for the purposes for which such funds were transferred, and 
     subject to paragraph (5), all or such part of such funds 
     shall be transferred back to the AUKUS Submarine Security 
     Activities Account.
       (5) Notification and report.--
       (A) Notification.--The President shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of--
       (i) before the transfer of any funds under this 
     subsection--

       (I) the amount of funds to be transferred; and
       (II) the planned or anticipated purpose of such funds; and

       (ii) before the obligation of any funds transferred under 
     this subsection--

       (I) the amount of funds to be obligated; and
       (II) the purpose of the obligation.

       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds transferred 
     under this subsection have been fully expended, the President 
     shall submit to the committees described in subparagraph (A) 
     a report that includes a detailed accounting of--
       (i) the amount of funds transferred under this subsection 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted; and
       (ii) the purposes for which such funds were used.
       (e) Investment of Money.--
       (1) Authorized investments.--The President may invest money 
     in the AUKUS Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       (2) Interest and other income.--Any interest or other 
     income that accrues from investment in securities referred to 
     in paragraph (1) shall be deposited to the credit of the 
     AUKUS Submarine Security Activities Account.
       (f) Relationship to Other Laws.--The authority to accept or 
     transfer funds under this section is in addition to any other 
     authority to accept or transfer funds.

     SEC. 7023. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or export 
     directly to private individuals in Australia defense services 
     that may be transferred to the Government of Australia under 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) to 
     support the development of the submarine industrial base of 
     Australia necessary for submarine security activities between 
     Australia, the United Kingdom, and the United States, 
     including if such individuals are not officers, employees, or 
     agents of the Government of Australia.
       (b) Security Controls.--
       (1) In general.--Any defense service transferred or 
     exported under subsection (a) shall be subject to appropriate 
     security controls to ensure that any sensitive information 
     conveyed by such transfer or export is protected from 
     disclosure to persons unauthorized by the United States to 
     receive such information.
       (2) Certification.--Not later than 30 days before the first 
     transfer or export of a defense service under subsection (a), 
     and annually thereafter, the President shall certify to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that the controls described in paragraph (1) will protect the 
     information described in such paragraph for the defense 
     services so transferred or exported.
       (c) Application of Requirements for Retransfer and 
     Reexport.--Any person who receives any defense service 
     transferred or exported under subsection (a) may retransfer 
     or reexport such service to other persons only in accordance 
     with the requirements of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).

   TITLE III--STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES 
                  MILITARY TECHNOLOGY FROM COMPROMISE

     SEC. 7031. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES.

       The President shall institute policies and procedures for 
     letters of request from Australia and the United Kingdom to 
     transfer defense articles and services under section 21 of 
     the Arms Export Control Act (22 U.S.C. 2761) related to the 
     AUKUS partnership to receive expedited consideration and 
     processing relative to all other letters of request other 
     than from Taiwan and Ukraine.

     SEC. 7032. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, 
                   TECHNOLOGIES, AND EQUIPMENT FOR SALE TO 
                   AUSTRALIA AND THE UNITED KINGDOM THROUGH 
                   FOREIGN MILITARY SALES.

       Not later than 180 days after the date of the enactment of 
     this Act, and on a biennial basis thereafter for 8 years, 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 report that includes a list of 
     advanced military platforms, technologies, and equipment that 
     are pre-cleared and prioritized to the extent practicable for 
     sale and release to Australia, the United Kingdom and Canada 
     through the Foreign Military Sales program without regard to 
     whether a letter of request to purchase such platforms, 
     technologies, or equipment has been received from any of such 
     country.

     SEC. 7033. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

       (a) In General.--Section 38 of the Arms Export Control Act 
     of 1976 (22 U.S.C. 2778) is amended by adding at the end the 
     following new subsection:
       ``(l) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, the Secretary of State may exempt 
     from the licensing or other approval requirements of this 
     section exports and transfers (including reexports, 
     retransfers, temporary imports, and brokering activities) of 
     defense articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection(j)(1)(C)(ii); and
       ``(C) involve only persons or entities that are approved 
     by--
       ``(i) the Secretary of State; and
       ``(ii) the Ministry of Defense, the Ministry of Foreign 
     Affairs, or other similar authority within those countries.
       ``(2) Limitation.--The authority provided in subparagraph 
     (1) shall not apply to any activity, including exports, 
     transfers, reexports, retransfers, temporary imports, or 
     brokering, of United States defense articles and defense 
     services involving any country or a person or entity of any 
     country other than the United States, the United Kingdom, and 
     Australia.''.
       (b) Required Standards of Export Controls.--The Secretary 
     may only exercise the authority under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, with respect to the United 
     Kingdom or Australia 30 days after the Secretary submits to 
     the appropriate congressional committees an unclassified 
     certification and detailed unclassified assessment (which may 
     include a classified annex) that the country concerned has 
     implemented standards for a system of export controls that 
     satisfies the elements of section 38(j)(2) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)(2)) for United States-origin 
     defense articles and defense services, and for controlling 
     the provision of military training, that are comparable to 
     those standards administered by the United States in effect 
     on the date of the enactment of this Act.
       (c) Certain Requirements Not Applicable.--
       (1) In general.--Paragraphs (1), (2), and (3) of section 
     3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall 
     not apply to transfers (including transfers of United States 
     Government sales or grants, or commercial exports authorized 
     under this chapter) among the United States, the United 
     Kingdom, or Australia described in paragraph (1).
       (2) Quarterly reports.--The Secretary shall--
       (A) require all exports and transfers that would be subject 
     to the requirements of paragraphs (1), (2), and (3) of 
     section 3(d) of the Arms Export Control Act (22 U.S.C. 
     2753(d)) but for the application of subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, to be reported to the 
     Secretary; and
       (B) submit such reports to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives on a quarterly basis.
       (d) Sunset.--Any exemption under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, shall terminate on the 
     date that is 15 years after the date of the enactment of this 
     Act. The Secretary of State

[[Page S2903]]

     may renew such exemption for 5 years upon a certification to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that such exemption is in the vital national interest of the 
     United States with a detailed justification for such 
     certification.
       (e) Annual Reports.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter until no 
     exemptions under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, remain in effect, the Secretary 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 the operation of exemptions issued under such 
     subsection (l)(1), including whether any changes to such 
     exemptions are likely to be made in the coming year.
       (2) Initial report.--The first report submitted under 
     subparagraph (A) shall also include an assessment of key 
     recommendations the United States Government has provided to 
     the Governments of Australia and the United Kingdom to revise 
     laws, regulations, and policies of such countries that are 
     required to implement the AUKUS partnership.

                     TITLE IV--OTHER AUKUS MATTERS

     SEC. 7041. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

       (a) In General.--Not later than 30 days after the 
     signature, conclusion, or other finalization of any non-
     binding instrument related to the AUKUS partnership, the 
     President shall submit to the appropriate congressional 
     committees the text of such instrument.
       (b) Non-duplication of Efforts; Rule of Construction.--To 
     the extent the text of a non-binding instrument is submitted 
     to the appropriate congressional committees pursuant to 
     subsection (a), such text does not need to be submitted to 
     Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 
     United States Code, as amended by section 5947 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1) 
     shall not be construed to relieve the executive branch of any 
     other requirement of section 112b of title 1, United States 
     Code, as amended so amended, or any other provision of law.
       (c) Definitions.--In this section:
       (1) In general.--The term ``text'', with respect to a non-
     binding instrument, includes--
       (A) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument; and
       (B) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument.
       (2) Contemporaneously and in conjunction with.--As used in 
     subparagraph (A), the term ``contemporaneously and in 
     conjunction with''--
       (A) shall be construed liberally; and
       (B) may not be interpreted to require any action to have 
     occurred simultaneously or on the same day.
                                 ______
                                 
  SA 780. Ms. CANTWELL 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__. EXTENSION OF NATIONAL QUANTUM INITIATIVE ACT.

       The National Quantum Initiative Act (15 U.S.C. 8801 et 
     seq.) is amended--
       (1) in section 201(c) (15 U.S.C. 8831(c)), by striking 
     ``2023'' and inserting ``2024'';
       (2) in section 302 (15 U.S.C. 8842)--
       (A) in subsection (e)(1), by striking ``5 years'' and 
     inserting ``6 years''; and
       (B) in subsection (f), by striking ``2023'' and inserting 
     ``2024''; and
       (3) in section 402 (15 U.S.C. 8852)--
       (A) in subsection (e)(1), by striking ``5 years'' and 
     inserting ``6 years''; and
       (B) in subsection (f), by striking ``2023'' and inserting 
     ``2024''.
                                 ______
                                 
  SA 781. Ms. CORTEZ MASTO 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__. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY 
                   ADJUSTMENT.

       (a) Definitions.--In this section:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Sloan Canyon National Conservation Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (acting through the Director of the Bureau of 
     Land Management).
       (b) Boundary Adjustment.--
       (1) Map.--Section 603(4) of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-1(4)) is amended by 
     striking ``map entitled `Southern Nevada Public Land 
     Management Act' and dated October 1, 2002'' and inserting 
     ``map entitled `Proposed Sloan Canyon Expansion' and dated 
     June 7, 2023''.
       (2) Acreage.--Section 604(b) of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-2(b)) is amended by 
     striking ``48,438'' and inserting ``57,728''.
       (c) Right-of-Way.--Section 605 of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-3) is amended by 
     adding at the end the following:
       ``(h) Horizon Lateral Pipeline Right-of-Way.--
       ``(1) In general.--Notwithstanding sections 202 and 503 of 
     the Federal Land Policy Management Act of 1976 (43 U.S.C. 
     1712, 1763) and subject to valid existing rights, the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Land Management (referred to in this subsection as 
     the `Secretary'), shall, not later than 1 year after the date 
     of enactment of this subsection, grant to the Southern Nevada 
     Water Authority (referred to in this subsection as the 
     `Authority'), not subject to the payment of rents or other 
     charges, the temporary and permanent pipeline, powerline, 
     facility, and access road rights-of-way depicted on the map 
     for the purposes of--
       ``(A) performing geotechnical investigations within the 
     rights-of-way; and
       ``(B) constructing and operating water transmission and 
     related facilities.
       ``(2) Excavation and disposal.--
       ``(A) In general.--The Authority may, without 
     consideration, excavate and use or dispose of sand, gravel, 
     minerals, or other materials necessary to fulfill the purpose 
     of the rights-of-way granted under paragraph (1).
       ``(B) Memorandum of understanding.--Not later than 30 days 
     after the date on which the rights-of-way are granted under 
     paragraph (1), the Secretary and the Authority shall enter 
     into a memorandum of understanding identifying Federal land 
     on which the Authority may dispose of materials under 
     subparagraph (A) to further the interests of the Bureau of 
     Land Management.''.
       (d) Preservation of Transportation, Utility Corridors, and 
     Management of Conservation Area.--Nothing in this section 
     (including an amendment made by this section)--
       (1) includes in the expanded boundary of the Conservation 
     Area under the amendments made by subsection (b) land within 
     a designated utility transmission corridor or a transmission 
     line right-of-way grant approved by the Secretary in a record 
     of decision issued before the date of enactment of this Act;
       (2) affects the existence, use, operation, maintenance, 
     repair, construction, reconfiguration, expansion, inspection, 
     renewal, reconstruction, alteration, addition, relocation 
     improvement funding, removal, or replacement of any utility 
     facility or appurtenant right-of-way within an existing 
     designated transportation and utility corridor within the 
     expanded boundary of the Conservation Area under the 
     amendments made by subsection (b);
       (3) precludes the Secretary from authorizing the 
     establishment of a new utility facility right-of-way within 
     an existing designated transportation and utility corridor 
     within the expanded boundary of the Conservation Area under 
     the amendments made by subsection (b)--
       (A) in accordance with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ii) any other applicable law; and
       (B) subject to such terms and conditions as the Secretary 
     determines to be appropriate;
       (4) prohibits access to, or the repair or replacement of, a 
     transmission line within a right-of-way within the expanded 
     boundary of the Conservation Area under the amendments made 
     by subsection (b) that was issued before the date of 
     enactment of this Act; or
       (5) except as provided in the amendment made by subsection 
     (c), modifies the management of the Conservation Area 
     pursuant to section 605 of the Sloan Canyon National 
     Conservation Area Act (16 U.S.C. 460qqq-3).

     SEC. 10__. APEX PROJECT, NEVADA LAND TRANSFER AND 
                   AUTHORIZATION ACT OF 1989.

       (a) Definitions.--Section 2(b) of the Apex Project, Nevada 
     Land Transfer and Authorization Act of 1989 (Public Law 101-
     67; 103 Stat. 169)--
       (1) in the matter preceding paragraph (1), by striking ``As 
     used in this Act, the following terms shall have the 
     following meanings--'' and inserting ``In this Act:'';
       (2) in each of paragraphs (1), (2), (4), and (5), by 
     inserting a paragraph heading, the text of which comprises 
     the term defined in that paragraph;
       (3) in paragraph (3), by inserting ``County; clark 
     county.--'' before ``The term'';
       (4) in paragraph (6)--
       (A) by inserting ``FLPMA terms.--'' before ``All''; and

[[Page S2904]]

       (B) by inserting ``(43 U.S.C. 1701 et seq.)'' before the 
     period at the end;
       (5) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6) as paragraphs (7), (6), (4), (5), (2), and (8), 
     respectively;
       (6) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Apex industrial park owners association.--The term 
     `Apex Industrial Park Owners Association' has the meaning 
     given the term in the charter document for the entity 
     entitled `Apex Industrial Park Owners Association', which was 
     formed on April 9, 2001, and any successor documents to the 
     charter document, as on file with the Nevada Secretary of 
     State.''; and
       (7) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) City.--The term `City' means the city of North Las 
     Vegas, Nevada.''.
       (b) Kerr-McGee Site Transfer.--Section 3(b) of the Apex 
     Project, Nevada Land Transfer and Authorization Act of 1989 
     (Public Law 101-67; 103 Stat. 170) is amended--
       (1) in the first sentence--
       (A) by striking ``Clark County for the connection'' and 
     inserting ``Clark County, the City, and the Apex Industrial 
     Park Owners Association, individually or jointly, as 
     appropriate, for the connection'';
       (B) by striking ``Kerr-McGee Site'' and inserting ``Kerr-
     McGee Site and other land conveyed in accordance with this 
     Act''; and
       (C) by inserting ``(or any successor map prepared by the 
     Secretary)'' after ``May 1989''; and
       (2) in the third sentence, by inserting ``, the City, or 
     the Apex Industrial Park Owners Association, individually or 
     jointly, as appropriate,'' after ``Clark County''.
       (c) Authorization for Additional Transfers.--Section 4 of 
     the Apex Project, Nevada Land Transfer and Authorization Act 
     of 1989 (Public Law 101-67; 103 Stat. 171)--
       (1) in subsection (c), by striking ``Pursuant'' and all 
     that follows through ``Clark County'' and inserting ``During 
     any period in which the requirements of section 6 are met, 
     pursuant to applicable law, the Secretary shall grant to 
     Clark County, the City, and the Apex Industrial Park Owners 
     Association''; and
       (2) in subsection (e)--
       (A) in paragraph (1), by striking the last sentence and 
     inserting ``The withdrawal made by this subsection shall 
     continue in perpetuity for all land transferred in accordance 
     with this Act.''; and
       (B) by adding at the end the following:
       ``(3) Mineral Materials Sale.--In the case of the sale of 
     mineral materials resulting from grading, land balancing, or 
     other activities on the surface of a parcel within the Apex 
     Site for which the United States retains an interest in the 
     minerals--
       ``(A) it shall be considered impracticable to obtain 
     competition for purposes of section 3602.31(a)(2) of title 
     43, Code of Federal Regulations (as in effect on the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024); and
       ``(B) the sale shall be exempt from the quantity and term 
     limitations imposed on noncompetitive sales under subpart 
     3602 of that title (as in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2024).''.
       (d) Environmental Considerations.--Section 6 of the Apex 
     Project, Nevada Land Transfer and Authorization Act of 1989 
     (Public Law 101-67; 103 Stat. 173) is amended by adding at 
     the end the following:
       ``(d) Compliance With Environmental Assessments.--Each 
     transfer by the United States of land or interest in lands 
     within the Apex Site or rights-of-way issued pursuant to this 
     Act shall be conditioned on the compliance with applicable 
     Federal land laws, including the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.).''.
                                 ______
                                 
  SA 782. Mr. MARKEY 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 XV, insert the following:

     SEC. 15___. INTEGRATION OF ARTIFICIAL INTELLIGENCE INTO 
                   AUTONOMOUS WEAPONS SYSTEMS.

       (a) Prohibition on Use of Federal Funds for Nuclear Weapons 
     Not Subject to Meaningful Human Control.--None of the funds 
     authorized to be appropriated or otherwise made available for 
     any fiscal year may be obligated or expended to develop, 
     deploy, or launch a nuclear weapon, or to select or engage 
     targets for a nuclear weapon, unless such weapon is subject 
     to meaningful human control.
       (b) Report on the Integration of Artificial Intelligence 
     Into Nuclear Command, Control, Target Acquisition, 
     Intelligence, Surveillance and Reconnaissance.--
       (1) In general.--Not more than 6 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the appropriate 
     congressional committees a report detailing the use of 
     artificial intelligence in the command, control, target 
     acquisition, intelligence, surveillance and reconnaissance of 
     nuclear weapon systems of the United States.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, with sufficient details, but 
     may include a classified annex.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term ``artificial 
     intelligence'' in section 238(g) of the John S. McCain 
     National Defense Authorization Act for Fiscal year 2019 (10 
     U.S.C. 2358 note; Public Law 115-232).
       (3) Meaningful human control.--The term ``meaningful human 
     control'' means, with respect to an nuclear weapon, human 
     control of--
       (A) the selection and engagement of targets; and
       (B) the time, location, and manner of use.
                                 ______
                                 
  SA 783. Mr. KELLY 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. 2. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.

       Section 13 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5609) is amended--
       (1) in subsection (a), by striking ``2023'' and inserting 
     ``2028'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``2023'' and inserting ``2028''; and
       (3) in subsection (c), by striking ``5-fiscal year period'' 
     and all that follows through the period at the end and 
     inserting ``5-fiscal year period beginning with fiscal year 
     2024.''.
                                 ______
                                 
  SA 784. Mr. KELLY 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. 2. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.

       Section 13 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5609) is amended--
       (1) in subsection (a), by striking ``2023'' and inserting 
     ``2028'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``2023'' and inserting ``2028''; and
       (3) in subsection (c), by striking ``5-fiscal year period'' 
     and all that follows through the period at the end and 
     inserting ``5-fiscal year period beginning with fiscal year 
     2024.''.

     SEC. 3. AUDIT OF THE FOUNDATION.

       The Morris K. Udall and Stewart L. Udall Foundation Act (20 
     U.S.C. 5601 et seq.) is amended by inserting at the end the 
     following:

     ``SEC. 14. AUDIT OF THE FOUNDATION.

       ``Not later than 4 years after the date of enactment of 
     this section, the Inspector General of the Department of the 
     Interior shall conduct an audit of the Morris K. Udall and 
     Stewart L. Udall Foundation.''.
                                 ______
                                 
  SA 785. 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 appropriate place, insert the following:

     SEC. ___. SENSE OF THE SENATE ON TRANSFER OF CLUSTER 
                   MUNITIONS TO UKRAINE.

       It is the sense of the Senate that--
       (1) the President authorized the transfer of cluster 
     munitions to Ukraine during a transitional period in light of 
     a temporary shortfall of 155mm artillery shells; and
       (2) Congress supports the President's plan to cease the 
     transfer of cluster munitions once a sufficient supply of 
     unitary 155mm artillery shells becomes available.
                                 ______
                                 
  SA 786. Mr. MERKLEY (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

[[Page S2905]]

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. 1282. REPORT ON ISRAELI SETTLEMENT ACTIVITY IN OCCUPIED 
                   WEST BANK.

       (a) 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 to the appropriate committees 
     of Congress a report that assesses the status of Israeli 
     settlement activity in the occupied West Bank.
       (b) Elements.--The report required under subsection (a) 
     shall include the following with respect to Israeli 
     settlement activity in the West Bank:
       (1) The number of permits, tenders, and housing starts 
     approved by the Government of Israel for settlement 
     construction and the locations concerned.
       (2) The number and locations of new outposts established 
     without the approval of the Government of Israel.
       (3) The number and locations of outposts established 
     without the approval of the Government of Israel that were 
     retroactively legalized by Israeli authorities.
       (4) An analysis of new infrastructure approved or built in 
     the West Bank and which populations it will benefit from its 
     use.
       (5) An assessment of the impact of settlements and outposts 
     on--
       (A) the freedom of movement, livelihoods, and quality of 
     life of Palestinians; and
       (B) the potential for establishing in the future a viable 
     Palestinian state.
       (6) The number and locations of demolitions of homes, 
     schools, businesses, agricultural holdings, infrastructure, 
     or other property owned by, or primarily serving, 
     Palestinians.
       (7) The number and locations of evictions of Palestinians 
     from their places of residence.
       (8) The number of building permits issued for Palestinians 
     in East Jerusalem and the West Bank territory designated 
     under the Oslo Accords as `` `Area C'', as well as the number 
     of building permits requested by Palestinians in those areas.
       (9) A description of any changes made to Israel's 
     administration of the occupied territory and an analysis of 
     the compatibility of these changes with international law 
     governing military occupation.
       (10) The amount of money budgeted by Israeli authorities 
     for settlements and the infrastructure that serves them.
       (11) An analysis of the impact any change in the matters 
     described in paragraphs (1) through (10) would have on--
       (A) the potential for establishing a viable, contiguous 
     Palestinian state alongside Israel;
       (B) the diplomatic posture of the United States globally; 
     and
       (C) the national security of the United States.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 787. 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 appropriate place in title XII, insert the 
     following:

                 Subtitle __--Transnational Repression

     SECTION 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Transnational 
     Repression Policy Act''.

     SEC. 12_2. FINDINGS.

       Congress finds the following:
       (1) Transnational repression against individuals who live 
     outside their countries of origin, prominent or vocal anti-
     regime figures, and persons who provide aid and support to 
     dissidents--
       (A) is a human rights violation that seeks to stifle 
     dissent and enhance control over exile, activist, emigrant, 
     and diaspora communities; and
       (B) can take the form of--
       (i) extrajudicial killings;
       (ii) physical assaults and intimidation;
       (iii) unlawful detentions;
       (iv) unlawful renditions;
       (v) unlawful deportations;
       (vi) unexplained or enforced disappearances;
       (vii) physical or online surveillance or stalking;
       (viii) unwarranted passport cancellation or control over 
     other identification documents;
       (ix) INTERPOL abuse;
       (x) intimidation by diplomatic personnel, government 
     officials, or proxies;
       (xi) unlawful asset freezes;
       (xii) digital threats, such as cyberattacks, targeted 
     surveillance and spyware, online harassment, and 
     intimidation;
       (xiii) coercion by proxy, such as harassment of, or threats 
     or harm to, family and associates of such private individuals 
     who remain in the country of origin; and
       (xiv) slander and libel to discredit individuals.
       (2) Governments perpetrating transnational repression often 
     pressure host countries, especially--
       (A) through threats to condition foreign assistance or 
     other pressure campaigns on lawmakers in host countries, such 
     as threats--
       (i) to withdraw foreign students from their universities; 
     and
       (ii) to induce them to enact policies that repress emigrant 
     and diaspora communities; and
       (B) by offering financial and material assistance to host 
     countries to harass and intimidate emigrant and diaspora 
     communities.
       (3) Transnational repression is a threat to individuals, 
     democratic institutions, the exercise of rights and freedoms, 
     and national security and sovereignty.
       (4) Authoritarian governments increasingly rely on 
     transnational repression as their consolidation of control at 
     home pushes dissidents abroad.
       (5) The spread of digital technologies provides new tools 
     for censoring, surveilling, and targeting individuals deemed 
     to be threats across international borders, especially 
     dissidents pushed abroad who themselves rely on 
     communications technology to amplify their messages, which 
     can often lead to physical attacks and coercion by proxy.
       (6) Many acts of transnational repression are undertaken 
     through cooperation of, or cooperation with, authorities in 
     the host country, most notably by taking advantage of other 
     States' concerns about terrorism to accuse the targeted 
     individual of terrorism or extremism.
       (7) Authoritarian actors routinely attempt to deter and 
     silence the voices of dissident and exile communities at 
     international fora, as documented by the United Nations 
     Assistant Secretary-General for Human Rights in the 
     Secretary-General's annual report on reprisals to the United 
     Nations Human Rights Council.
       (8) The principle of non-refoulement, which is explicitly 
     included in the Convention against Torture and Other Cruel, 
     Inhuman or Degrading Treatment or Punishment, done at New 
     York December 10, 1984--
       (A) forms an essential protection under international law; 
     and
       (B) prohibits countries from expelling or returning an 
     individual to another country where the individual's life or 
     freedom would be threatened on account of the individual's 
     race, religion, nationality, membership in a particular 
     social group, or political opinion, or due to substantial 
     grounds for believing that the individual would be at risk of 
     torture.

     SEC. 12_3. STATEMENT OF POLICY.

        It is the policy of the United States--
       (1) to protect persons in the United States and United 
     States persons outside of the United States from undue 
     foreign harassment, intimidation, coercion, and surveillance 
     in accordance with section 6 of the Arms Export Control Act 
     (22 U.S.C. 2756);
       (2) to pursue criminal prosecutions, as appropriate, and 
     carry out other steps, such as facilitating mutual legal 
     assistance and other forms of international cooperation with 
     like-minded partners, in accordance with United States law, 
     to hold foreign governments and individuals accountable when 
     they stalk, publish false narratives online with the intent 
     to unlawfully intimidate, harass, coerce, or assault people 
     in the United States or United States persons outside of the 
     United States or collect information while acting as a 
     foreign agent in the United States without notifying United 
     States authorities; and
       (3) to prohibit the arrest or seizure of assets of any 
     individual based solely on an INTERPOL Red Notice or 
     Diffusion issued by another INTERPOL member country for such 
     individual because such notices do not meet the requirements 
     of the Fourth Amendment to the Constitution of the United 
     States.

     SEC. 12_4. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN 
                   RIGHTS PRACTICES.

       Section 116 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n) is amended by adding at the end the following:
       ``(h) Use of Transnational Repression.--The country reports 
     required under subsection (d) shall, as applicable--
       ``(1) describe incidents in which a government has 
     harassed, intimidated, or killed individuals outside of their 
     internationally recognized borders and document patterns of 
     such repression among repeat offenders;
       ``(2) identify the countries in which such repression 
     occurs and the roles of the host government in enabling, 
     preventing, mitigating, and responding to such acts;
       ``(3) describe the tactics used by the countries identified 
     pursuant to paragraph (2), including the actions identified 
     in section 2(1) and any new techniques observed; and
       ``(4) in the case of digital surveillance and harassment, 
     specify the type of technology or platform, including social 
     media, smart

[[Page S2906]]

     city technology, health tracking systems, general 
     surveillance technology, and data access, transfer, and 
     storage procedures, used by the countries for such 
     actions.''.

     SEC. 12_5. INTERAGENCY STRATEGY TO ADDRESS TRANSNATIONAL 
                   REPRESSION IN UNITED STATES AND ABROAD.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the heads of other appropriate Federal 
     departments and agencies, shall submit a report to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on Foreign 
     Affairs of the House of Representatives, and the Committee on 
     the Judiciary of the House of Representatives that contains a 
     United States strategy to promote initiatives that will--
       (1) enhance international awareness of transnational 
     repression;
       (2) address transnational repression, including through 
     raising the costs of such activities for perpetrating 
     governments and protecting targeted individuals and groups;
       (3) conduct regular outreach (whether through government 
     agencies or civil society organizations) with diaspora 
     communities and other people who have been targeted by 
     foreign governments regarding the transnational threats they 
     face within the United States and around the world and the 
     resources available to them without putting them at further 
     risk; and
       (4) develop policy and programmatic-related responses based 
     on input from the communities and people referred to in 
     paragraph (3) and regularly seek and consider credible 
     information obtained by nongovernmental organizations working 
     on issues of transnational repression.
       (b) Matters To Be Included.--
       (1) Diplomacy.--The strategy required under subsection (a) 
     shall include--
       (A) a plan developed in consultation with like-minded 
     partner governments, civil society, the business community, 
     and other entities for advancing and promoting--
       (i) the rule of law and human rights globally with respect 
     to the use of surveillance technology and export licensing 
     policy regarding such technology; and
       (ii) safeguards to prevent the access, use, and storage of 
     personal digital data by governments and technology companies 
     for the purposes of transnational repression;
       (B) public affairs, public diplomacy, and counter-messaging 
     efforts, including through the use of the voice, vote, and 
     influence of the United States at international bodies--
       (i) to promote awareness;
       (ii) to develop a common understanding; and
       (iii) to draw critical attention to and oppose acts of 
     transnational repression;
       (C) a plan for establishing or strengthening regional and 
     international coalitions--
       (i) to monitor cases of transnational repression, including 
     reprisals when human rights defenders and other activists 
     face reprisals for engaging at multilateral organizations, 
     such as the United Nations; and
       (ii) to create or strengthen emergency alert mechanisms for 
     key stakeholders within the international community that can 
     engage in public or private diplomacy to address emergency 
     cases of transnational repression, including cases involving 
     individuals and their family members who are at serious risk 
     of rendition, disappearance, unlawful deportation, 
     refoulement, or other actions;
       (D) an analysis of the advantages and disadvantages of 
     working with partners and allies to push for the 
     establishment of a special rapporteur for transnational 
     repression at the United Nations; and
       (E) a plan for engaging with diplomats and consular 
     officials who abuse their positions by intimidating, 
     threatening, attacking, or otherwise undermining the human 
     rights and fundamental freedoms of exiles and members of 
     diasporas in the United States.
       (2) Assistance programming.--The strategy required under 
     subsection (a) shall include--
       (A) ways in which the United States Government has 
     previously and will continue to provide support to civil 
     society organizations in the United States and in countries 
     in which transnational repression occurs--
       (i) to improve the documentation, investigation, and 
     research of cases, trends, and tactics of transnational 
     repression, including--

       (I) any potential for misusing security tools to target 
     individual dissidents, activists, or journalists; and
       (II) ramifications of transnational repression in 
     undermining United States policy or assistance efforts to 
     promote internationally recognized human rights and democracy 
     overseas; and

       (ii) to promote the transparency of the host country 
     decision-making processes, including instances in which law 
     enforcement actions against victims of transnational 
     repression occurred because of INTERPOL red notices or 
     extradition treaties; and
       (B) a description of new or existing emergency assistance 
     mechanisms, including the Fundamental Freedoms Fund and the 
     Lifeline Embattled CSO Assistance Fund, to aid at-risk 
     groups, communities, and individuals, and victims of 
     transnational repression in the United States and in 
     countries in which transnational repression occurs to 
     address--
       (i) physical security installation and support;
       (ii) operational support of organizations providing 
     assistance to at-risk groups, communities, and individuals;
       (iii) psychosocial and psycho-emotional support;
       (iv) medical assistance, subject to the limitations of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.);
       (v) digital security installation and support;
       (vi) support and training beyond basic digital hygiene 
     training, including emergency response to cyberattacks and 
     enhanced capacity to deter surveillance and monitoring by 
     malicious actors;
       (vii) relocation support;
       (viii) legal advice and assistance; and
       (ix) trainings to build on their existing capacities so 
     they can continue their activism.
       (3) Law enforcement in the united states.--The strategy 
     required under subsection (a) shall include--
       (A) the consideration of updates to United States law to 
     directly address certain tactics of transnational repression, 
     including--
       (i) the criminalization of the gathering of information 
     about private individuals in diaspora and exile communities 
     on behalf of a foreign power that is intending to harass, 
     intimidate, or harm an individual in order to prevent their 
     exercise of internationally recognized human rights; and
       (ii) the expansion of the definition of foreign agents 
     under the Foreign Registrations Act of 1938 (22 U.S.C. 611 et 
     seq.) and section 951 of title 18, United States Code;
       (B) ways in which the Federal Bureau of Investigation 
     coordinates with the Department of State, the Department of 
     Homeland Security, United States intelligence agencies, and 
     domestic law enforcement agencies in partner countries in 
     responding to transnational repression;
       (C) full consideration of unintended negative impacts of 
     such expanded legal authorities on the civil liberties of 
     communities targeted by transnational repression, taking into 
     account the views of such affected communities;
       (D) the development of specific outreach strategies to 
     connect law enforcement, other agencies, and local municipal 
     officials with targeted diaspora communities to ensure that 
     individuals who are vulnerable to transnational repression 
     are aware of the Federal and local resources available to 
     them without putting them at further risk; and
       (E) examining and reviewing the steps taken to address the 
     legality of foreign governments establishing overseas police 
     stations to monitor members of the diaspora.
       (c) Additional Matters To Be Included.--In addition to the 
     matters set forth in subsection (b), the report required 
     under subsection (a) shall include--
       (1) to the extent practicable, a list of--
       (A) the governments that perpetrate transnational 
     repression most often and the host countries that such 
     governments are targeting most often;
       (B) the host governments that cooperate most often with the 
     governments on transnational repression actions referred to 
     in subparagraph (A);
       (C) any individuals, whether United States citizens or 
     foreign nationals, who are complicit in transnational 
     repression as agents of a foreign government referred to in 
     subparagraph (A) who are operating in the United States;
       (D) refugees, asylum seekers, and populations that are most 
     vulnerable to transnational repression in the United States 
     and, to the extent possible, in foreign countries;
       (E) entities that are exporting dual-use spyware technology 
     to any of the governments referred to in subparagraph (A);
       (F) entities that are buying and selling personally 
     identifiable information that can be used to track and 
     surveil potential victims; and
       (G) entities that are exporting items 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) to any 
     governments referred to in subparagraph (a) that can be 
     misused for human rights abuses;
       (2) an assessment of how data that is purchased by 
     governments most often perpetrating transnational repression 
     is utilized; and
       (3) a description of any actions taken by the United States 
     Government to address transnational repression under existing 
     law, including--
       (A) section 212(a)(3)(C) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(3)(C));
       (B) section 1263 of the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 2656 note);
       (C) the interim final rule issued by the Bureau of Industry 
     and Security of the Department of Commerce relating to 
     ``Information Security Controls: Cybersecurity Items'' (86 
     Fed. Reg. 58205; October 21, 2021; 87 Fed. Reg. 1670, 
     effective March 7, 2022);
       (D) section 7031(c) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2020 
     (division G of Public Law 116-94; 8 U.S.C. 1182 note);
       (E) prosecutions and the statutory authority authorizing 
     such prosecutions;
       (F) establishing specific bureaucratic structures focused 
     on transnational repression;

[[Page S2907]]

       (G) which agencies are conducting outreach to victims of 
     transnational repression and the form of such outreach;
       (H) the challenges of intelligence agencies in identifying 
     transnational repression threats and perpetrators; and
       (I) United States technology companies that knowingly or 
     unknowingly employ, or provide access to information to, 
     foreign intelligence officers.
       (d) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex, if necessary.
       (e) Updates.--The Secretary of State shall provide the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     with annual updates of the strategy required under subsection 
     (a).

     SEC. 12_6. TRAINING.

       (a) Department of State Personnel.--
       (1) In general.--In order to provide United States 
     diplomats and personnel stationed around the world with the 
     level of understanding to recognize and combat transnational 
     repression, the Secretary of State, in consultation with 
     civil society and the business community, shall provide 
     training to such members of the Foreign Service, including 
     chiefs of mission, regarding transnational repression, 
     including training on--
       (A) how to identify different tactics of transnational 
     repression in physical and nonphysical forms;
       (B) which governments are known to employ transnational 
     repression most frequently;
       (C) which governments are most likely to cooperate with 
     governments on transnational repression-related actions 
     referred to in subparagraph (B); and
       (D) tools of digital surveillance and other cyber tools 
     used to carry out transnational repression activities.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $1,000,000 for each of the fiscal years 
     2024 through 2027, to develop and implement the curriculum 
     described in paragraph (1).
       (b) United States Officials Responsible for Domestic 
     Threats of Transnational Repression.--
       (1) In general.--In order to achieve an adequate level of 
     understanding to recognize and combat transnational 
     repression, the Attorney General, in consultation with the 
     Secretary of Homeland Security, the Director of National 
     Intelligence, civil society, and the business community, 
     shall provide the training recipients referred to in 
     paragraph (2) with training regarding transnational 
     repression, including training on--
       (A) how to identify different tactics of transnational 
     repression in physical and nonphysical forms;
       (B) which governments are known to employ transnational 
     repression most frequently;
       (C) which communities and locations in the United States 
     are most vulnerable to transnational repression;
       (D) tools of digital surveillance and other cyber tools 
     used to carry out transnational repression activities;
       (E) espionage and foreign agent laws; and
       (F) how foreign governments may try to coopt the 
     immigration system.
       (2) Training recipients.--The training recipients referred 
     to in this paragraph include, to the extent deemed 
     appropriate and necessary by their respective agency heads in 
     the case of any Federal employee--
       (A) employees of--
       (i) the Department of Homeland Security, including U.S. 
     Customs and Border Protection, U.S. Citizenship and 
     Immigration Services, and U.S. Immigration and Customs 
     Enforcement;
       (ii) the Department of Justice, including the Federal 
     Bureau of Investigation; and
       (iii) the Office of Refugee Resettlement of the Department 
     of Health and Human Services;
       (B) other Federal, State, and local law enforcement and 
     municipal officials receiving instruction at the Federal Law 
     Enforcement Training Center; and
       (C) appropriate private sector and community partners of 
     the Federal Bureau of Investigation.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated $1,000,000 for each of the fiscal years 
     2024 through 2027, to develop and provide the curriculum and 
     training described in paragraph (1).

     SEC. 12_7. INTELLIGENCE GATHERING.

       The intelligence community (as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003) shall devote 
     significant resources--
       (1) to prioritize, to the extent feasible, the 
     identification of individuals, networks, and tools that are 
     used for perpetrating transnational repression against 
     communities in the United States on behalf of foreign 
     governments;
       (2) to share relevant and appropriate information with 
     like-minded partners; and
       (3) to effectively coordinate such efforts with the Federal 
     Bureau of Investigation, the Department of Homeland Security, 
     the Office of the Director of National Intelligence, and the 
     Department of State.

     SEC. 12_8. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF 
                   JUSTICE INITIATIVES TO COMBAT TRANSNATIONAL 
                   REPRESSION IN THE UNITED STATES.

       (a) In General.--The Secretary of Homeland Security and the 
     Attorney General, in consultation with the Director of the 
     Federal Bureau of Investigation, shall--
       (1) dedicate resources to ensure that a tip line for 
     victims and witnesses of transnational repression--
       (A) is staffed by people who are--
       (i) equipped with cultural and linguistic ability to 
     communicate effectively with diaspora and exile communities; 
     and
       (ii) knowledgeable of the tactics of transnational 
     repression;
       (B) is encrypted and, to the maximum extent practicable, 
     protects the confidentiality of the identifying information 
     of individuals who may call the tip line;
       (2) not later than 270 days after the date of the enactment 
     of this Act--
       (A) identify existing Federal resources to assist and 
     protect individuals and communities targeted by transnational 
     repression in the United States; and
       (B) in cooperation with the Secretary of Health and Human 
     Services and the heads of other Federal agencies, publish 
     such resources in a toolkit or guide;
       (3) continue to conduct proactive outreach so that 
     individuals in targeted communities--
       (A) are aware of the tip line described in paragraph (1); 
     and
       (B) are informed about the types of incidents that should 
     be reported to the Federal Bureau of Investigation;
       (4) support data collection and analysis undertaken by 
     Federal research and development centers regarding the needs 
     of targeted communities in the United States, with the goal 
     of identifying priority needs and developing solutions and 
     assistance mechanisms, while recognizing that such mechanisms 
     may differ depending on geographic location of targeted 
     communities, language, and other factors;
       (5) continue to issue advisories to, and engage regularly 
     with, communities that are at particular risk of 
     transnational repression, including specific diaspora 
     communities--
       (A) to explain what transnational repression is and clarify 
     the threshold at which incidents of transnational repression 
     constitute a crime; and
       (B) to identify the resources available to individuals in 
     targeted communities to facilitate their reporting of, and to 
     protect them from, transnational repression, without placing 
     such individuals at additional risk; and
       (6) conduct annual trainings with caseworker staff in 
     congressional offices regarding the tactics of transnational 
     repression and the resources available to their constituents.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000 for each of the fiscal years 
     2024 through 2027, for the research, development, outreach, 
     and training activities described in subsection (a).

     SEC. 12_9. IMPOSITION OF SANCTIONS RELATING TO TRANSNATIONAL 
                   REPRESSION.

       (a) Definitions.--In this section:
       (1) Admission; admitted; alien; lawfully admitted for 
     permanent residence.--The terms ``admission'', ``admitted'', 
     ``alien'', and ``lawfully admitted for permanent residence'' 
     have the meanings given such terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Financial Services of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (4) Transnational repression.--The term ``transnational 
     repression'' means actions of a foreign government, or agents 
     of a foreign government, involving the transgression of 
     national borders through physical, digital, or analog means 
     to intimidate, silence, coerce, harass, or harm members of 
     diaspora and exile communities in order to prevent their 
     exercise of internationally recognized human rights.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) 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 the laws of any jurisdiction within the United States, 
     including a foreign branch of such an entity; and
       (C) any person who is physically present in the United 
     States.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State shall submit a 
     report to the appropriate congressional committees that, 
     except as provided in paragraph (2), identifies each foreign 
     person that the President determines has, on or after the 
     date of the enactment of this Act, whether knowingly or 
     unknowingly, directly engaged in transnational repression.
       (2) Exception.--The report required under paragraph (1) 
     shall not identify individuals if

[[Page S2908]]

     such identification would interfere with law enforcement 
     efforts.
       (3) Explanation.--If a foreign person identified in the 
     report required under paragraph (1) is not subject to 
     sanctions under subsection (c), the report shall explain, to 
     the extent practicable, the reasons such sanctions were not 
     imposed on such person.
       (4) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Imposition of Sanctions.--Except as provided in 
     subsection (b)(3), the President shall impose 1 or more of 
     the sanctions described in subsection (d) with respect to 
     each foreign person identified in the report required under 
     subsection (b)(1).
       (d) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Property blocking.--The President shall exercise all of 
     the powers granted to the President under section 203 through 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 et seq.) to the extent necessary to block and 
     prohibit all transactions in property and interests in 
     property of a foreign person identified in the report 
     required under subsection (b)(1) 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.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (b)(1) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subsection (b)(1) is 
     subject to revocation of any visa or other entry 
     documentation of the alien, regardless of when the visa or 
     other entry documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act, 8 U.S.C. 1201(i)--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

       (e) Implementation; Penalties.--
       (1) Implementation.--The President may 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 this 
     section or any regulation, license, or order issued to carry 
     out this section 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 such section.
       (f) Sanctions.--The President is authorized to impose 
     sanctions as provided under the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10101 et seq.) against any 
     foreign person who the President, based on credible evidence, 
     determines is responsible for the rendition of journalists, 
     activists, or other individuals to a country in which the 
     person would be at risk of irreparable harm upon return, 
     including extrajudicial killings, torture, or other gross 
     violations of internationally recognized human rights.
       (g) Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions authorized under this section with respect to a 
     foreign person if the President determines and certifies to 
     the appropriate congressional committees that such a waiver 
     is in the national interests of the United States.
       (2) Annual report.--The President shall provide an annual 
     report to Congress that--
       (A) lists every waiver granted under paragraph (1); and
       (B) provides a justification for each such waiver.
       (h) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under subsection 
     (d)(2) shall not apply with respect to an alien if admitting 
     or paroling the alien into the United States is necessary--
       (A) 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; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The requirement to impose sanctions 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.
       (i) Sunset.--This section, and any sanctions imposed under 
     this section, shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 788. Ms. KLOBUCHAR (for herself and Ms. Cortez Masto) 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. ____. SMITHSONIAN MUSEUM SITES.

       (a) Commemorative Works Act.--Notwithstanding any other 
     provision of law or regulation (including section 8908(c) of 
     title 40, United States Code, and division T of the 
     Consolidated Appropriations Act, 2021 (Public law 116-260)) 
     the Smithsonian American Women's History Museum and the 
     National Museum of the American Latino may be located within 
     the Reserve (as defined in section 8902(a) of title 40, 
     United States Code).
       (b) Written Notification of Transfer.--
       (1) Notification to federal agency or entity .--The Board 
     of Regents shall not designate a site for the Smithsonian 
     American Women's History Museum and the National Museum of 
     the American Latino that is under the administrative 
     jurisdiction of another Federal agency or entity without 
     first notifying the head of the Federal agency or entity.
       (2) Notification to congress.--Once notified under 
     paragraph (1), the head of the Federal agency or entity shall 
     promptly submit written notification to the Chair and ranking 
     minority members of the Committee on Rules and 
     Administration, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on House Administration, the Committee on 
     Natural Resources, the Committee on Transportation and 
     Infrastructure, and the Committee on Appropriations of the 
     House of Representatives, stating that the Federal agency or 
     entity was notified by the Board of Regents that a site under 
     its jurisdiction was designated and that a transfer will be 
     initiated as soon as practicable.
       (c) Transfer.--Notwithstanding any other provision of law, 
     as soon as practicable after the date on which Congress 
     receives the written notification described in subsection 
     (b)(2), the head of the Federal agency or entity shall 
     transfer to the Smithsonian Institution its administrative 
     jurisdiction over the land or structure that has been 
     designated as the site for the Museum.
                                 ______
                                 
  SA 789. Ms. KLOBUCHAR (for herself and Ms. Cortez Masto) 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. ____. SMITHSONIAN MUSEUM SITES.

       (a) Commemorative Works Act.--Notwithstanding any other 
     provision of law or regulation (including section 8908(c) of 
     title 40, United States Code, and division T of the 
     Consolidated Appropriations Act, 2021 (Public law 116-260)) 
     the Smithsonian American Women's History Museum and the 
     National Museum of the American Latino may be located within 
     the Reserve (as defined in section 8902(a) of title 40, 
     United States Code).
       (b) Written Notification of Transfer.--
       (1) Notification to federal agency or entity .--The Board 
     of Regents shall not designate a site for the Smithsonian 
     American Women's History Museum and the National Museum of 
     the American Latino that is under the administrative 
     jurisdiction of another Federal agency or entity without 
     first notifying the head of the Federal agency or entity.
       (2) Notification to congress.--Once notified under 
     paragraph (1), the head of the Federal agency or entity shall 
     promptly submit written notification to the Chair and ranking 
     minority members of the Committee on Rules and 
     Administration, the Committee on Appropriations, and the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on House Administration, the Committee on 
     Natural Resources, the Committee on Transportation and 
     Infrastructure, and the Committee on Appropriations of the 
     House of Representatives, stating that the Federal agency or 
     entity was notified by the Board of Regents that a site under 
     its jurisdiction was designated and that a transfer will be 
     initiated as soon as practicable.
       (c) Transfer.--Notwithstanding any other provision of law, 
     as soon as practicable after

[[Page S2909]]

     the date on which Congress receives the written notification 
     described in subsection (b)(2), the head of the Federal 
     agency or entity shall transfer to the Smithsonian 
     Institution its administrative jurisdiction over the land or 
     structure that has been designated as the site for the 
     Museum.
                                 ______
                                 
  SA 790. Mr. PETERS 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__. PROHIBITION ON COVERED AUTONOMOUS VEHICLES FROM 
                   CERTAIN COVERED NATIONS.

       (a) Prohibition.--
       (1) In general.--Subchapter II of chapter 301 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30130. Prohibition on covered autonomous vehicles from 
       certain covered nations

       ``(a) Definitions.--In this section:
       ``(1) Covered autonomous vehicle.--The term `covered 
     autonomous vehicle' means a motor vehicle equipped with a 
     Level 4 or Level 5 automated driving system (as defined in 
     the SAE International Recommended Practice numbered J3016 and 
     dated April 2021 (or a successor standard adopted by the 
     Secretary of Transportation)).
       ``(2) Covered entity.--The term `covered entity' means a 
     manufacturer or company included on the list developed under 
     subsection (c)(1).
       ``(3) Covered nation.--The term `covered nation' has the 
     meaning given the term in section 4872(d) of title 10.
       ``(b) Prohibition.--A covered entity may not test, operate, 
     manufacture for sale, sell, offer for sale, introduce or 
     deliver for introduction in interstate commerce, or import 
     into the United States a covered autonomous vehicle.
       ``(c) List of Covered Entities.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of this section, and in accordance with paragraph 
     (2), the Secretary of Transportation, in coordination with 
     the Secretary of Commerce, the Attorney General, the 
     Secretary of the Treasury, and the Secretary of Defense, 
     shall develop a list of covered entities for purposes of this 
     section.
       ``(2) Requirements.--A manufacturer or company included on 
     the list developed under paragraph (1) shall be a 
     manufacturer or company--
       ``(A) that is controlled by the government of a covered 
     nation, including more than 50 percent voting control of the 
     Board of Directors or governing body of the manufacturer or 
     company by persons that are citizens or nationals of the 
     covered nation;
       ``(B) that is organized under the laws of a covered nation; 
     or
       ``(C) the principal place of business of which is located 
     in a covered nation.
       ``(3) Updates.--The Secretary of Transportation, in 
     coordination with the Secretary of Commerce, the Attorney 
     General, the Secretary of the Treasury, and the Secretary of 
     Defense, may update the list required under paragraph (1), as 
     determined necessary by the Secretary of Transportation, in 
     coordination with the Secretary of Commerce, the Attorney 
     General, the Secretary of the Treasury, and the Secretary of 
     Defense.''.
       (2) Clerical amendment.--The analysis for subchapter II of 
     chapter 301 of title 49, United States Code, is amended by 
     inserting after the item relating to section 30129 the 
     following:

``30130. Prohibition on covered autonomous vehicles from certain 
              covered nations.''.
       (b) Enforcement.--Section 30165(a)(1) of title 49, United 
     States Code, is amended, in the first sentence, by inserting 
     ``30130,'' after ``30127,''.
                                 ______
                                 
  SA 791. 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:

       On page 653, strike line 11 and all that follows through 
     ``(E)'' on line 12 and insert the following:
       (E) the Academy of Military Medical Sciences or any of its 
     research institutes, including the Beijing Institute of 
     Microbiology and Epidemiology; or
       (F)
                                 ______
                                 
  SA 792. Ms. ROSEN 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. ___. REPORT ON NATIONAL STRATEGY TO COUNTER 
                   ANTISEMITISM.

       (a) Definitions.--In this section:
       (1) Relevant agency.--the term ``relevant agency'' means--
       (A) the Department of State;
       (B) the Department of Homeland Security;
       (C) the Department of Justice;
       (D) the Federal Bureau of Investigation;
       (E) the Department of Education;
       (F) the National Counterterrorism Center;
       (G) the United States Holocaust Memorial Museum;
       (H) the Department of Health and Human Services;
       (I) the Equal Employment Opportunity Commission;
       (J) the Small Business Administration;
       (K) the Department of Housing and Urban Development;
       (L) the Department of Transportation;
       (M) the Department of Agriculture;
       (N) the Corporation for National Community Service;
       (O) the National Endowment for the Arts;
       (P) the National Endowment for the Humanities;
       (Q) the Department of the Interior;
       (R) the Department of Veterans Affairs;
       (S) the Department of Defense;
       (T) the Department of the Treasury;
       (U) the Office of the Director of National Intelligence;
       (V) the Institute of Museum and Library Services;
       (W) the Office of Personnel Management;
       (X) the United States Mission to the United Nations;
       (Y) the General Services Administration;
       (Z) the Department of Commerce;
       (AA) the Department of Labor;
       (BB) the National Science Foundation; and
       (CC) the Smithsonian Institution.
       (2) U.S. strategy to counter antisemitism.--The term ``U.S. 
     Strategy to Counter Anti-Semitism'' means the document 
     entitled ``U.S. Strategy to Counter Anti-Semitism'' issued by 
     the Executive Office of the President on May 25, 2023.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the head of each relevant agency shall 
     submit to Congress and make publicly available a report 
     detailing how the relevant agency is implementing the U.S. 
     National Strategy to Counter Antisemitism, which shall 
     include detailed descriptions of any programs, activities, or 
     policies the relevant agency has established to carry out the 
     strategy.
                                 ______
                                 
  SA 793. Ms. ROSEN (for herself and 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, insert the following:

     SEC. __. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Cybersecurity 
     and Infrastructure Security Agency.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (3) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (4) Director.--The term ``Director'' means the Director of 
     the Agency.
       (5) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (6) Significant incident.--The term ``significant 
     incident''--
       (A) means an incident or a group of related incidents that 
     results, or is likely to result, in demonstrable harm to--
       (i) the national security interests, foreign relations, or 
     economy of the United States; or
       (ii) the public confidence, civil liberties, or public 
     health and safety of the people of the United States; and
       (B) does not include an incident or a portion of a group of 
     related incidents that occurs on--
       (i) a national security system, as defined in section 3552 
     of title 44, United States Code; or
       (ii) an information system described in paragraph (2) or 
     (3) of section 3553(e) of title 44, United States Code.

[[Page S2910]]

       (7) Temporary position.--The term ``temporary position'' 
     means a position in the competitive or excepted service for a 
     period of 6 months or less.
       (8) Uniformed services.--The term ``uniformed services'' 
     has the meaning given the term in section 2101 of title 5, 
     United States Code.
       (b) Pilot Project.--
       (1) In general.--The Director may carry out a pilot project 
     to establish a Civilian Cybersecurity Reserve at the Agency.
       (2) Purpose.--The purpose of a Civilian Cybersecurity 
     Reserve is to enable the Agency to effectively respond to 
     significant incidents.
       (3) Alternative methods.--Consistent with section 4703 of 
     title 5, United States Code, in carrying out a pilot project 
     authorized under paragraph (1), the Director may, without 
     further authorization from the Office of Personnel 
     Management, provide for alternative methods of--
       (A) establishing qualifications requirements for, 
     recruitment of, and appointment to positions; and
       (B) classifying positions.
       (4) Appointments.--Under the pilot project authorized under 
     paragraph (1), upon occurrence of a significant incident, the 
     Director--
       (A) may activate members of the Civilian Cybersecurity 
     Reserve by--
       (i) noncompetitively appointing members of the Civilian 
     Cybersecurity Reserve to temporary positions in the 
     competitive service; or
       (ii) appointing members of the Civilian Cybersecurity 
     Reserve to temporary positions in the excepted service;
       (B) shall notify Congress whenever a member is activated 
     under subparagraph (A); and
       (C) may appoint not more than 30 members to temporary 
     positions.
       (5) Status as employees.--An individual appointed under 
     subsection (b)(4) shall be considered a Federal civil service 
     employee under section 2105 of title 5, United States Code.
       (6) Additional employees.--Individuals appointed under 
     subsection (b)(4) shall be in addition to any employees of 
     the Agency who provide cybersecurity services.
       (7) Employment protections.--The Secretary of Labor shall 
     prescribe such regulations as necessary to ensure the 
     reemployment, continuation of benefits, and non-
     discrimination in reemployment of individuals appointed under 
     subsection (b)(4), provided that such regulations shall 
     include, at a minimum, those rights and obligations set forth 
     under chapter 43 of title 38, United States Code.
       (8) Status in reserve.--During the period beginning on the 
     date on which an individual is recruited by the Agency to 
     serve in the Civilian Cybersecurity Reserve and ending on the 
     date on which the individual is appointed under subsection 
     (b)(4), and during any period in between any such 
     appointments, the individual shall not be considered a 
     Federal employee.
       (c) Eligibility; Application and Selection.--
       (1) In general.--Under the pilot project authorized under 
     subsection (b), the Director shall establish criteria for--
       (A) individuals to be eligible for the Civilian 
     Cybersecurity Reserve; and
       (B) the application and selection processes for the 
     Civilian Cybersecurity Reserve.
       (2) Requirements for individuals.--The criteria established 
     under paragraph (1)(A) with respect to an individual shall 
     include--
       (A) previous employment--
       (i) by the executive branch;
       (ii) within the uniformed services;
       (iii) as a Federal contractor within the executive branch; 
     or
       (iv) by a State, local, Tribal, or territorial government;
       (B) if the individual has previously served as a member of 
     the Civilian Cybersecurity Reserve of the Agency, that the 
     previous appointment ended not less than 60 days before the 
     individual may be appointed for a subsequent temporary 
     position in the Civilian Cybersecurity Reserve of the Agency; 
     and
       (C) cybersecurity expertise.
       (3) Prescreening.--The Agency shall--
       (A) conduct a prescreening of each individual prior to 
     appointment under subsection (b)(4) for any topic or product 
     that would create a conflict of interest; and
       (B) require each individual appointed under subsection 
     (b)(4) to notify the Agency if a potential conflict of 
     interest arises during the appointment.
       (4) Agreement required.--An individual may become a member 
     of the Civilian Cybersecurity Reserve only if the individual 
     enters into an agreement with the Director to become such a 
     member, which shall set forth the rights and obligations of 
     the individual and the Agency.
       (5) Exception for continuing military service 
     commitments.--A member of the Selected Reserve under section 
     10143 of title 10, United States Code, may not be a member of 
     the Civilian Cybersecurity Reserve.
       (6) Priority.--In appointing individuals to the Civilian 
     Cybersecurity Reserve, the Agency shall prioritize the 
     appointment of individuals described in clause (i) or (ii) of 
     paragraph (2)(A) before considering individuals described in 
     clause (iii) or (iv) of paragraph (2)(A).
       (7) Prohibition.--Any individual who is an employee (as 
     defined in section 2105 of title 5, United States Code) of 
     the executive branch may not be recruited or appointed to 
     serve in the Civilian Cybersecurity Reserve.
       (d) Security Clearances.--
       (1) In general.--The Director shall ensure that all members 
     of the Civilian Cybersecurity Reserve undergo the appropriate 
     personnel vetting and adjudication commensurate with the 
     duties of the position, including a determination of 
     eligibility for access to classified information where a 
     security clearance is necessary, according to applicable 
     policy and authorities.
       (2) Cost of sponsoring clearances.--If a member of the 
     Civilian Cybersecurity Reserve requires a security clearance 
     in order to carry out their duties, the Agency shall be 
     responsible for the cost of sponsoring the security clearance 
     of a member of the Civilian Cybersecurity Reserve.
       (e) Study and Implementation Plan.--
       (1) Study.--Not later than 60 days after the date of 
     enactment of this Act, the Agency shall begin a study on the 
     design and implementation of the pilot project authorized 
     under subsection (b)(1) at the Agency, including--
       (A) compensation and benefits for members of the Civilian 
     Cybersecurity Reserve;
       (B) activities that members may undertake as part of their 
     duties;
       (C) methods for identifying and recruiting members, 
     including alternatives to traditional qualifications 
     requirements;
       (D) methods for preventing conflicts of interest or other 
     ethical concerns as a result of participation in the pilot 
     project and details of mitigation efforts to address any 
     conflict of interest concerns;
       (E) resources, including additional funding, needed to 
     carry out the pilot project;
       (F) possible penalties for individuals who do not respond 
     to activation when called, in accordance with the rights and 
     procedures set forth under title 5, Code of Federal 
     Regulations; and
       (G) processes and requirements for training and onboarding 
     members.
       (2) Implementation plan.--Not later than 1 year after 
     beginning the study required under paragraph (1), the Agency 
     shall--
       (A) submit to the appropriate congressional committees an 
     implementation plan for the pilot project authorized under 
     subsection (b)(1); and
       (B) provide to the appropriate congressional committees a 
     briefing on the implementation plan.
       (3) Prohibition.--The Agency may not take any action to 
     begin implementation of the pilot project authorized under 
     subsection (b)(1) until the Agency fulfills the requirements 
     under paragraph (2).
       (f) Project Guidance.--Not later than 2 years after the 
     date of enactment of this Act, the Director shall, in 
     consultation with the Office of Government Ethics, issue 
     guidance establishing and implementing the pilot project 
     authorized under subsection (b)(1) at the Agency.
       (g) Briefings and Report.--
       (1) Briefings.--Not later than 1 year after the date on 
     which the Director issues the guidance required under 
     subsection (f), and every year thereafter, the Agency shall 
     provide to the appropriate congressional committees a 
     briefing on activities carried out under the pilot project of 
     the Agency, including--
       (A) participation in the Civilian Cybersecurity Reserve, 
     including the number of participants, the diversity of 
     participants, and any barriers to recruitment or retention of 
     members;
       (B) an evaluation of the ethical requirements of the pilot 
     project;
       (C) whether the Civilian Cybersecurity Reserve has been 
     effective in providing additional capacity to the Agency 
     during significant incidents; and
       (D) an evaluation of the eligibility requirements for the 
     pilot project.
       (2) Report.--Not earlier than 6 months and not later than 3 
     months before the date on which the pilot project of the 
     Agency terminates under subsection (i), the Agency shall 
     submit to the appropriate congressional committees a report 
     and provide a briefing on recommendations relating to the 
     pilot project, including recommendations for--
       (A) whether the pilot project should be modified, extended 
     in duration, or established as a permanent program, and if 
     so, an appropriate scope for the program;
       (B) how to attract participants, ensure a diversity of 
     participants, and address any barriers to recruitment or 
     retention of members of the Civilian Cybersecurity Reserve;
       (C) the ethical requirements of the pilot project and the 
     effectiveness of mitigation efforts to address any conflict 
     of interest concerns; and
       (D) an evaluation of the eligibility requirements for the 
     pilot project.
       (h) Evaluation.--Not later than 3 years after the pilot 
     project authorized under subsection (b) is established in the 
     Agency, the Comptroller General of the United States shall--
       (1) conduct a study evaluating the pilot project at the 
     Agency; and
       (2) submit to Congress--
       (A) a report on the results of the study; and
       (B) a recommendation with respect to whether the pilot 
     project should be modified, extended in duration, or 
     established as a permanent program.
       (i) Sunset.--The pilot project authorized under this 
     section shall terminate on the date that is 4 years after the 
     date on which the pilot project is established, except that 
     an activated member of the Civilian Cybersecurity Reserve who 
     was appointed to and is

[[Page S2911]]

     serving in a temporary position under this section as of the 
     day before that termination date may continue to serve until 
     the end of the appointment.
       (j) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this section.
                                 ______
                                 
  SA 794. Ms. ROSEN 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 title V, add the following:

               Subtitle __--Veteran Education Empowerment

     SEC. 5__. SHORT TITLE.

       This subtitle may be cited as the ``Veteran Education 
     Empowerment Act''.

     SEC. 5__. FINDINGS.

       Congress finds the following:
       (1) More than 1,000,000 veterans attend institutions of 
     higher education each year.
       (2) Veterans face unique challenges in transitioning from 
     the battlefield to the classroom and eventually to the 
     workforce, including: age differences, family obligations, 
     significant time away from academic life, and service-related 
     disabilities.
       (3) The National Education Association found that student 
     veterans can feel lonely and vulnerable on campus and that 
     ``connecting student veterans can effectively ease this 
     isolation'' by bringing together new student veterans with 
     those who have already successfully navigated the first few 
     semesters of college.
       (4) According to Mission United--a United Way program that 
     helps veterans re-acclimate to civilian life--it is often 
     ``essential'' for student veterans to be mentored by 
     ``another veteran who understands their mindset and 
     experience''.
       (5) Student Veteran Centers are recognized as an 
     institutional best practice by Student Veterans of America.
       (6) The American Council on Education, which represents 
     more than 1,700 institutions of higher education across the 
     United States, has called having a dedicated space for 
     veterans on campus ``a promising way for colleges and 
     universities to better serve veterans on campus'' and a 
     ``critical'' component of many colleges' efforts to serve 
     their student veterans.
       (7) The Department of Education included as one of its 8 
     Keys to Veterans' Success that colleges and universities 
     should ``coordinate and centralize campus efforts for all 
     veterans, together with the creation of a designated space 
     for them''.
       (8) Budget constraints often make it difficult or 
     impossible for institutions of higher education to dedicate 
     space to veteran offices, lounges, or student centers.
       (9) The 110th Congress authorized the funding of Student 
     Veteran Centers through the Centers of Excellence for Veteran 
     Student Success under part T of title VIII of the Higher 
     Education Act of 1965 (20 U.S.C. 1161t). Congress also chose 
     to appropriate funding for this program for fiscal year 2015 
     under the Consolidated and Further Continuing Appropriations 
     Act, 2015 (Public Law 113-235).
       (10) According to the Department of Education, federally 
     funded Student Veteran Centers and staff have generated 
     improved recruitment, retention, and graduation rates, have 
     helped student veterans feel better connected across campus, 
     and have directly contributed to the successful academic 
     outcomes of student veterans.

     SEC. 5__. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE 
                   STUDENT VETERAN CENTERS.

       Part T of title VIII of the Higher Education Act of 1965 
     (20 U.S.C. 1161t) is amended to read as follows:

              ``PART T--GRANTS FOR STUDENT VETERAN CENTERS

     ``SEC. 873. GRANTS FOR STUDENT VETERAN CENTERS.

       ``(a) Grants Authorized.--Subject to the availability of 
     appropriations under subsection (h), the Secretary shall 
     award grants to institutions of higher education or consortia 
     of institutions of higher education to assist in the 
     establishment, maintenance, improvement, and operation of 
     Student Veteran Centers.
       ``(b) Eligibility.--
       ``(1) Application.--An institution or consortium seeking a 
     grant under subsection (a) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Criteria.--The Secretary may award a grant under 
     subsection (a) to an institution or a consortium if the 
     institution or consortium meets each of the following 
     criteria:
       ``(A) The institution or consortium enrolls in 
     undergraduate or graduate courses--
       ``(i) a significant number of student veterans, members of 
     the Armed Forces serving on active duty, or members of a 
     reserve component of the Armed Forces; or
       ``(ii) a significant percentage of student veterans, 
     members of the Armed Forces serving on active duty, or 
     members of a reserve component of the Armed Forces,
     as measured by comparing, for the most recent academic year 
     for which data are available, the number or percentage of 
     student veterans, members of the Armed Forces serving on 
     active duty, and members of a reserve component of the Armed 
     Forces who are enrolled in undergraduate or graduate courses 
     at the institution or consortium, with the average number or 
     percentage of student veterans, members of the Armed Forces 
     serving on active duty, and members of a reserve component of 
     the Armed Forces who were enrolled in undergraduate or 
     graduate courses at comparable institutions or consortia of 
     institutions.
       ``(B) The institution or consortium presents a 
     sustainability plan to demonstrate that the Student Veteran 
     Center will be maintained and will continue to operate after 
     the grant period has ended.
       ``(3) Selection criteria.--In awarding grants under 
     subsection (a), the Secretary shall provide the following:
       ``(A) Priority consideration to institutions or consortia 
     that meet one or more of the following criteria:
       ``(i) The institution or consortium is located in a region 
     or community that has a significant population of veterans.
       ``(ii) The institution or consortium considers the need to 
     serve student veterans at a wide range of institutions of 
     higher education, including the need to provide equitable 
     distribution of grants to institutions of various sizes, 
     geographic locations, and institutions in urban and rural 
     areas.
       ``(iii) The institution or consortium carries out programs 
     or activities that assist veterans in the local community, 
     and the spouses or partners and children of student veterans.
       ``(iv) The institution or consortium partners in its 
     veteran-specific programming with nonprofit veteran service 
     organizations, local workforce development organizations, or 
     other institutions of higher education.
       ``(v) The institution or consortium commits to hiring a 
     staff at the Student Veteran Center that includes veterans 
     (including student veteran volunteers and student veterans 
     participating in a Federal work-study program under part C of 
     title IV, a work-study program administered by the Secretary 
     of Veteran Affairs, or a State work-study program).
       ``(vi) The institution or consortium commits to providing 
     an orientation for student veterans that--

       ``(I) is separate from the new student orientation provided 
     by the institution or consortium; and
       ``(II) provides student veterans with information on the 
     benefits and resources available to such students at or 
     through the institution or consortium.

       ``(vii) The institution or consortium commits to using a 
     portion of the grant received under this section to develop 
     or maintain a student veteran retention program carried out 
     by the Student Veteran Center.
       ``(viii) The institution or consortium commits to providing 
     mental health counseling to its student veterans (and the 
     spouses or partners and children of such students).
       ``(B) Equitable distribution of such grants to institutions 
     or consortia of various sizes, geographic locations, and in 
     urban and rural areas.
       ``(c) Use of Funds.--
       ``(1) In general.--An institution or consortium that is 
     awarded a grant under subsection (a) shall use such grant to 
     establish, maintain, improve, or operate a Student Veteran 
     Center.
       ``(2) Other allowable uses.--An institution or consortium 
     receiving a grant under subsection (a) may use a portion of 
     such grant to carry out supportive instruction services for 
     student veterans, including--
       ``(A) assistance with special admissions and transfer of 
     credit from previous postsecondary education or experience; 
     and
       ``(B) any other support services the institution or 
     consortium determines to be necessary to ensure the success 
     of student veterans in achieving education and career goals.
       ``(d) Amounts Awarded.--
       ``(1) Duration.--Each grant awarded under subsection (a) 
     shall be for a 4-year period.
       ``(2) Total amount of grant and schedule.--Each grant 
     awarded under subsection (a) may not exceed a total of 
     $500,000. The Secretary shall disburse to an institution or 
     consortium the amount awarded under the grant in such amounts 
     and at such times during the grant period as the Secretary 
     determines appropriate.
       ``(e) Report.--From the amounts appropriated to carry out 
     this section, and not later than 3 years after the date on 
     which the first grant is awarded under subsection (a), the 
     Secretary shall submit to Congress a report on the grant 
     program established under subsection (a), including--
       ``(1) the number of grants awarded;
       ``(2) the institutions of higher education and consortia 
     that have received grants;
       ``(3) with respect to each such institution of higher 
     education and consortium--
       ``(A) the amounts awarded;
       ``(B) how such institution or consortium used such amounts;
       ``(C) a description of the demographics of student veterans 
     (and spouses or partners and children of such students) to 
     whom services were offered as a result of the award, 
     including students who are women and belong to minority 
     groups;

[[Page S2912]]

       ``(D) the number of student veterans (and spouses or 
     partners and children of such students) to whom services were 
     offered as a result of the award, and a description of the 
     services that were offered and provided; and
       ``(E) data enumerating whether the use of the amounts 
     awarded helped student veterans at the institution or 
     consortium toward completion of a degree, certificate, or 
     credential;
       ``(4) best practices for student veteran success, 
     identified by reviewing data provided by institutions and 
     consortia that received a grant under this section; and
       ``(5) a determination by the Secretary with respect to 
     whether the grant program under this section should be 
     extended or expanded.
       ``(f) Department of Education Best Practices Website.--
     Subject to the availability of appropriations under 
     subsection (h) and not later than 3 years after the date on 
     which the first grant is awarded under subsection (a), the 
     Secretary shall develop and implement a website for Student 
     Veteran Centers at institutions of higher education, which 
     details best practices for serving student veterans at 
     institutions of higher education.
       ``(g) Definitions.--In this section:
       ``(1) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101.
       ``(2) Student veteran center.--The term `Student Veteran 
     Center' means a dedicated space on a campus of an institution 
     of higher education that provides students who are veterans, 
     members of the Armed Forces serving on active duty, or 
     members of a reserve component of the Armed Forces with the 
     following:
       ``(A) A lounge or meeting space for such student veterans 
     (and the spouses or partners and children of such students), 
     and veterans in the community.
       ``(B) A centralized office for student veteran services 
     that--
       ``(i) is a single point of contact to coordinate 
     comprehensive support services for student veterans;
       ``(ii) is staffed by trained employees and volunteers, 
     which includes veterans and at least one full-time employee 
     or volunteer who is trained as a veterans' benefits 
     counselor;
       ``(iii) provides student veterans with assistance relating 
     to--

       ``(I) transitioning from the military to student life;
       ``(II) transitioning from the military to the civilian 
     workforce;
       ``(III) networking with other student veterans and veterans 
     in the community;
       ``(IV) understanding and obtaining benefits provided by the 
     institution of higher education, Federal Government, and 
     State for which such students may be eligible;
       ``(V) understanding how to succeed in the institution of 
     higher education, including by understanding academic 
     policies, the course selection process, and institutional 
     policies and practices related to the transfer of academic 
     credits; and
       ``(VI) understanding disability-related rights and 
     protections under the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.) and section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794); and

       ``(iv) provides comprehensive academic and tutoring 
     services for student veterans, including peer-to-peer 
     tutoring and academic mentorship.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part such 
     sums as may be necessary for fiscal year 2024 and each of the 
     7 succeeding fiscal years.''.
                                 ______
                                 
  SA 795. Mr. OSSOFF (for Mrs. Blackburn (for herself, Mr. Ossoff, and 
Mr. Lee)) submitted an amendment intended to be proposed by Mr. Ossoff 
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--Revising Existing Procedures on Reporting Via Technology

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Revising Existing 
     Procedures On Reporting via Technology Act'' or the ``REPORT 
     Act''.

     SEC. 1092. LIMITED LIABILITY MODERNIZATION.

       (a) Amendments.--Section 2258B of title 18, United States 
     Code, is amended--
       (1) in the section heading, by striking ``providers or 
     domain name registrars'' and inserting ``the reporting, 
     storage, and handling of certain visual depictions of 
     apparent child pornography to the National Center for Missing 
     & Exploited Children'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or charge'' after ``a claim''; and
       (B) in paragraph (2)(C), by striking ``this section,''; and
       (3) by adding at the end the following:
       ``(d) Limited Liability for NCMEC-Contracted Vendors.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     civil claim or criminal charge may not be brought in any 
     Federal or State court against a vendor contractually 
     retained and designated by NCMEC to support the duties of 
     NCMEC under section 404(b)(1)(K) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (34 U.S.C. 
     11293(b)(1)(K)).
       ``(2) Intentional, reckless, or other misconduct.--
     Paragraph (1) shall not apply to a claim or charge if the 
     vendor--
       ``(A) engaged in--
       ``(i) intentional misconduct; or
       ``(ii) negligent conduct; or
       ``(B) acted, or failed to act--
       ``(i) with actual malice;
       ``(ii) with reckless disregard to a substantial risk of 
     causing injury without legal justification; or
       ``(iii) for a purpose unrelated to the performance of any 
     responsibility or function--

       ``(I) set forth in paragraph (1); or
       ``(II) pursuant to sections 2258A, 2258C, 2702, or 2703.

       ``(3) Minimizing access by vendor.--With respect to any 
     visual depiction provided pursuant to the duties of NCMEC 
     under section 404(b)(1)(K) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) 
     that is stored or transferred by a vendor contractually 
     retained and designated by NCMEC to support such duties of 
     NCMEC, a vendor shall--
       ``(A) minimize the number of employees that may be able to 
     obtain access to such visual depiction; and
       ``(B) employ end-to-end encryption for data storage and 
     transfer functions, or an equivalent technological standard.
       ``(e) Limited Liability for Reporting Apparent Child 
     Pornography by an Individual Depicted in the Child 
     Pornography as a Minor, or a Representative of Such 
     Individual.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     civil claim or criminal charge may not be brought in any 
     Federal or State court against an individual depicted in 
     child pornography as a minor, or a representative of such 
     individual, arising from a report to the NCMEC CyberTipline 
     by the individual, or the representative of such individual, 
     of information that relates to the child pornography in which 
     the individual is depicted as a minor, including a copy of 
     the child pornography.
       ``(2) Intentional, reckless, or other misconduct.--
     Paragraph (1) shall not apply to a claim or charge if the 
     individual, or the representative of such individual--
       ``(A) engaged in--
       ``(i) intentional misconduct;
       ``(ii) negligent conduct; or
       ``(iii) any activity which constitutes a violation of 
     section 2251; or
       ``(B) acted, or failed to act--
       ``(i) with actual malice; or
       ``(ii) with reckless disregard to a substantial risk of 
     causing injury without legal justification.
       ``(3) Minimizing access.--With respect to any child 
     pornography reported to the NCMEC CyberTipline by an 
     individual depicted in the child pornography as a minor, or a 
     representative of such individual, NCMEC shall minimize 
     access to the child pornography and ensure the appropriate 
     deletion of the child pornography, as set forth in section 
     2258D.
       ``(4) Definition.--For purposes of this subsection, the 
     term `representative', with respect to an individual depicted 
     in child pornography--
       ``(A) means--
       ``(i) the parent or legal guardian of the individual, if 
     the individual is under 18 years of age;
       ``(ii) the legal guardian or other person appointed by a 
     court to represent the individual;
       ``(iii) a legal representative retained by the individual;
       ``(iv) a representative of the estate of the individual; or
       ``(v) a person who is a mandated reporter under section 
     226(a)(1) of the Victims of Child Abuse Act of 1990 (34 
     U.S.C. 20341(a)(1)); and
       ``(B) does not include a person who engaged in any activity 
     which constitutes a violation of section 2251.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to a civil claim or criminal charge 
     that is filed on or after the date of enactment of this Act.
       (c) Table of Sections Amendment.--The table of sections for 
     chapter 110 of title 18, United States Code, is amended by 
     striking the item relating to section 2258B and inserting the 
     following:

``2258B. Limited liability for the reporting, storage, and handling of 
              certain visual depictions of apparent child pornography 
              to the National Center for Missing & Exploited 
              Children.''.

     SEC. 1093. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO 
                   ONLINE SEXUAL EXPLOITATION OF CHILDREN.

       Section 2258A(h) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``90 days'' and inserting 
     ``1 year''; and
       (2) by adding at the end the following:
       ``(5) Extension of preservation.--A provider of a report to 
     the CyberTipline under subsection (a)(1) may voluntarily 
     preserve the contents provided in the report (including any 
     comingled content described in paragraph (2)) for longer than 
     1 year after the submission to the CyberTipline for the 
     purpose of reducing the proliferation of online

[[Page S2913]]

     child sexual exploitation or preventing the online sexual 
     exploitation of children.
       ``(6) Method of preservation.--Not later than 1 year after 
     the date of enactment of this paragraph, a provider of a 
     report to the CyberTipline under subsection (a)(1) shall 
     preserve materials under this subsection in a manner that is 
     consistent with the most recent version of the Cybersecurity 
     Framework developed by the National Institute of Standards 
     and Technology, or any successor thereto.''.

     SEC. 1094. STRENGTHENING OF DUTY TO REPORT APPARENT 
                   VIOLATIONS TO CYBERTIPLINE RELATED TO ONLINE 
                   EXPLOITATION OF CHILDREN.

       (a) Amendments.--Section 2258A of title 18, United States 
     Code, is amended--
       (1) in subsection (a)(2)(A), by inserting ``, of section 
     1591 (if the violation involves a minor), or of 2422(b)'' 
     after ``child pornography''; and
       (2) in subsection (e)--
       (A) in paragraph (1), by striking ``$150,000'' and 
     inserting ``$850,000 in the case of a provider with not less 
     than 100,000,000 monthly active users or $600,000 in the case 
     of a provider with less than 100,000,000 monthly active 
     users''; and
       (B) in paragraph (2), by striking ``$300,000'' and 
     inserting ``$1,000,000 in the case of a provider with not 
     less than 100,000,000 monthly active users or $850,000 in the 
     case of a provider with less than 100,000,000 monthly active 
     users''.
       (b) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the National Center for Missing & 
     Exploited Children may issue guidelines, as appropriate, to 
     providers required or permitted to take actions described in 
     section 2258A(a)(1)(B) of title 18, United States Code, on 
     the relevant identifiers for content that may indicate sex 
     trafficking of children, as described in section 1591 of that 
     title, or enticement, as described in section 2422(b) of that 
     title.
                                 ______
                                 
  SA 796. Mr. SCHUMER 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, the following:

  DIVISION F--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

  TITLE LX--FEDERAL INFORMATION SECURITY AND MODERNIZATION ACT OF 2023

     SECTION 6001. SHORT TITLE.

       (a) Short Title.--This title may be cited as the ``Federal 
     Information Security Modernization Act of 2023''.

     SEC. 6002. DEFINITIONS.

       In this title, unless otherwise specified:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (3) Awardee.--The term ``awardee'' has the meaning given 
     the term in section 3591 of title 44, United States Code, as 
     added by this title.
       (4) Contractor.--The term ``contractor'' has the meaning 
     given the term in section 3591 of title 44, United States 
     Code, as added by this title.
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (6) Federal information system.--The term ``Federal 
     information system'' has the meaning give the term in section 
     3591 of title 44, United States Code, as added by this title.
       (7) Incident.--The term ``incident'' has the meaning given 
     the term in section 3552(b) of title 44, United States Code.
       (8) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552(b) of 
     title 44, United States Code.
       (9) Penetration test.--The term ``penetration test'' has 
     the meaning given the term in section 3552(b) of title 44, 
     United States Code, as amended by this title.
       (10) Threat hunting.--The term ``threat hunting'' means 
     proactively and iteratively searching systems for threats and 
     vulnerabilities, including threats or vulnerabilities that 
     may evade detection by automated threat detection systems.
       (11) Zero trust architecture.--The term ``zero trust 
     architecture'' has the meaning given the term in Special 
     Publication 800-207 of the National Institute of Standards 
     and Technology, or any successor document.

     SEC. 6003. AMENDMENTS TO TITLE 44.

       (a) Subchapter I Amendments.--Subchapter I of chapter 35 of 
     title 44, United States Code, is amended--
       (1) in section 3504--
       (A) in subsection (a)(1)(B)--
       (i) by striking clause (v) and inserting the following:
       ``(v) privacy, confidentiality, disclosure, and sharing of 
     information;'';
       (ii) by redesignating clause (vi) as clause (vii); and
       (iii) by inserting after clause (v) the following:
       ``(vi) in consultation with the National Cyber Director, 
     security of information; and''; and
       (B) in subsection (g)--
       (i) by redesignating paragraph (2) as paragraph (3); and
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) develop and oversee the implementation of policies, 
     principles, standards, and guidelines on privacy, 
     confidentiality, disclosure, and sharing of information 
     collected or maintained by or for agencies;
       ``(2) in consultation with the National Cyber Director, 
     oversee the implementation of policies, principles, 
     standards, and guidelines on security, of information 
     collected or maintained by or for agencies; and'';
       (2) in section 3505--
       (A) by striking the first subsection designated as 
     subsection (c);
       (B) in paragraph (2) of the second subsection designated as 
     subsection (c), by inserting ``an identification of internet 
     accessible information systems and'' after ``an inventory 
     under this subsection shall include'';
       (C) in paragraph (3) of the second subsection designated as 
     subsection (c)--
       (i) in subparagraph (B)--

       (I) by inserting ``the Director of the Cybersecurity and 
     Infrastructure Security Agency, the National Cyber Director, 
     and'' before ``the Comptroller General''; and
       (II) by striking ``and'' at the end;

       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) maintained on a continual basis through the use of 
     automation, machine-readable data, and scanning, wherever 
     practicable.'';
       (3) in section 3506--
       (A) in subsection (a)(3), by inserting ``In carrying out 
     these duties, the Chief Information Officer shall consult, as 
     appropriate, with the Chief Data Officer in accordance with 
     the designated functions under section 3520(c).'' after 
     ``reduction of information collection burdens on the 
     public.'';
       (B) in subsection (b)(1)(C), by inserting ``availability,'' 
     after ``integrity,'';
       (C) in subsection (h)(3), by inserting ``security,'' after 
     ``efficiency,''; and
       (D) by adding at the end the following:
       ``(j)(1) Nothwithstanding paragraphs (2) and (3) of 
     subsection (a), the head of each agency shall designate a 
     Chief Privacy Officer with the necessary skills, knowledge, 
     and expertise, who shall have the authority and 
     responsibility to--
       ``(A) lead the privacy program of the agency; and
       ``(B) carry out the privacy responsibilities of the agency 
     under this chapter, section 552a of title 5, and guidance 
     issued by the Director.
       ``(2) The Chief Privacy Officer of each agency shall--
       ``(A) serve in a central leadership position within the 
     agency;
       ``(B) have visibility into relevant agency operations; and
       ``(C) be positioned highly enough within the agency to 
     regularly engage with other agency leaders and officials, 
     including the head of the agency.
       ``(3) A privacy officer of an agency established under a 
     statute enacted before the date of enactment of the Federal 
     Information Security Modernization Act of 2023 may carry out 
     the responsibilities under this subsection for the agency.''; 
     and
       (4) in section 3513--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) Each agency providing a written plan under subsection 
     (b) shall provide any portion of the written plan addressing 
     information security to the Secretary of Homeland Security 
     and the National Cyber Director.''.
       (b) Subchapter II Definitions.--
       (1) In general.--Section 3552(b) of title 44, United States 
     Code, is amended--
       (A) by redesignating paragraphs (2), (3), (4), (5), (6), 
     and (7) as paragraphs (3), (4), (5), (6), (8), and (10), 
     respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) The term `high value asset' means information or an 
     information system that the head of an agency, using 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a), determines to be so critical 
     to the agency that the loss or degradation of the 
     confidentiality, integrity, or availability of such 
     information or information system would have a serious impact 
     on the ability of the agency to perform the mission of the 
     agency or conduct business.'';
       (C) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) The term `major incident' has the meaning given the 
     term in guidance issued by the Director under section 
     3598(a).'';
       (D) in paragraph (8)(A), as so redesignated, by striking 
     ``used'' and inserting ``owned, managed,'';
       (E) by inserting after paragraph (8), as so redesignated, 
     the following:
       ``(9) The term `penetration test'--
       ``(A) means an authorized assessment that emulates attempts 
     to gain unauthorized access to, or disrupt the operations of, 
     an information system or component of an information system; 
     and

[[Page S2914]]

       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director under section 3553(a).''; and
       (F) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) The term `shared service' means a centralized 
     mission capability or consolidated business function that is 
     provided to multiple organizations within an agency or to 
     multiple agencies.
       ``(12) The term `zero trust architecture' has the meaning 
     given the term in Special Publication 800-207 of the National 
     Institute of Standards and Technology, or any successor 
     document.''.
       (2) Conforming amendments.--
       (A) Homeland security act of 2002.--Section 1001(c)(1)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) 
     is amended by striking ``section 3552(b)(5)'' and inserting 
     ``section 3552(b)''.
       (B) Title 10.--
       (i) Section 2222.--Section 2222(i)(8) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)(A)'' 
     and inserting ``section 3552(b)(8)(A)''.
       (ii) Section 2223.--Section 2223(c)(3) of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iii) Section 2315.--Section 2315 of title 10, United 
     States Code, is amended by striking ``section 3552(b)(6)'' 
     and inserting ``section 3552(b)''.
       (iv) Section 2339a.--Section 2339a(e)(5) of title 10, 
     United States Code, is amended by striking ``section 
     3552(b)(6)'' and inserting ``section 3552(b)''.
       (C) High-performance computing act of 1991.--Section 207(a) 
     of the High-Performance Computing Act of 1991 (15 U.S.C. 
     5527(a)) is amended by striking ``section 3552(b)(6)(A)(i)'' 
     and inserting ``section 3552(b)(8)(A)(i)''.
       (D) Internet of things cybersecurity improvement act of 
     2020.--Section 3(5) of the Internet of Things Cybersecurity 
     Improvement Act of 2020 (15 U.S.C. 278g-3a(5)) is amended by 
     striking ``section 3552(b)(6)'' and inserting ``section 
     3552(b)''.
       (E) National defense authorization act for fiscal year 
     2013.--Section 933(e)(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) 
     is amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552(b)''.
       (F) Ike skelton national defense authorization act for 
     fiscal year 2011.--The Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383) 
     is amended--
       (i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking 
     ``section 3542(b)'' and inserting ``section 3552(b)'';
       (ii) in section 931(b)(3) (10 U.S.C. 2223 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''; and
       (iii) in section 932(b)(2) (10 U.S.C. 2224 note), by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (G) E-government act of 2002.--Section 301(c)(1)(A) of the 
     E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by 
     striking ``section 3542(b)(2)'' and inserting ``section 
     3552(b)''.
       (H) National institute of standards and technology act.--
     Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3552(b)(5)'' and inserting ``section 3552(b)''; and
       (ii) in subsection (f)--

       (I) in paragraph (3), by striking ``section 3532(1)'' and 
     inserting ``section 3552(b)''; and
       (II) in paragraph (5), by striking ``section 3532(b)(2)'' 
     and inserting ``section 3552(b)''.

       (c) Subchapter II Amendments.--Subchapter II of chapter 35 
     of title 44, United States Code, is amended--
       (1) in section 3551--
       (A) in paragraph (4), by striking ``diagnose and improve'' 
     and inserting ``integrate, deliver, diagnose, and improve'';
       (B) in paragraph (5), by striking ``and'' at the end;
       (C) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(7) recognize that each agency has specific mission 
     requirements and, at times, unique cybersecurity requirements 
     to meet the mission of the agency;
       ``(8) recognize that each agency does not have the same 
     resources to secure agency systems, and an agency should not 
     be expected to have the capability to secure the systems of 
     the agency from advanced adversaries alone; and
       ``(9) recognize that a holistic Federal cybersecurity model 
     is necessary to account for differences between the missions 
     and capabilities of agencies.'';
       (2) in section 3553--
       (A) in subsection (a)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) promoting, in consultation with the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     National Cyber Director, and the Director of the National 
     Institute of Standards and Technology--
       ``(A) the use of automation to improve Federal 
     cybersecurity and visibility with respect to the 
     implementation of Federal cybersecurity; and
       ``(B) the use of presumption of compromise and least 
     privilege principles, such as zero trust architecture, to 
     improve resiliency and timely response actions to incidents 
     on Federal systems.'';
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``and the National Cyber Director'' after ``Director'';
       (ii) in paragraph (2)(A), by inserting ``and reporting 
     requirements under subchapter IV of this chapter'' after 
     ``section 3556'';
       (iii) by redesignating paragraphs (8) and (9) as paragraphs 
     (10) and (11), respectively; and
       (iv) by inserting after paragraph (7) the following:
       ``(8) expeditiously seeking opportunities to reduce costs, 
     administrative burdens, and other barriers to information 
     technology security and modernization for agencies, including 
     through shared services for cybersecurity capabilities 
     identified as appropriate by the Director, in coordination 
     with the Director of the Cybersecurity and Infrastructure 
     Security Agency and other agencies as appropriate;'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``each year'' and inserting ``each year 
     during which agencies are required to submit reports under 
     section 3554(c)'';
       (II) by inserting ``, which shall be unclassified but may 
     include 1 or more annexes that contain classified or other 
     sensitive information, as appropriate'' after ``a report''; 
     and
       (III) by striking ``preceding year'' and inserting 
     ``preceding 2 years'';

       (ii) by striking paragraph (1);
       (iii) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (1), (2), and (3), respectively;
       (iv) in paragraph (3), as so redesignated, by striking 
     ``and'' at the end; and
       (v) by inserting after paragraph (3), as so redesignated, 
     the following:
       ``(4) a summary of the risks and trends identified in the 
     Federal risk assessment required under subsection (i); and'';
       (D) in subsection (h)--
       (i) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``and the National 
     Cyber Director'' after ``in coordination with the Director''; 
     and
       (II) in subparagraph (D), by inserting ``, the National 
     Cyber Director,'' after ``notify the Director''; and

       (ii) in paragraph (3)(A)(iv), by inserting ``, the National 
     Cyber Director,'' after ``the Secretary provides prior notice 
     to the Director'';
       (E) by amending subsection (i) to read as follows:
       ``(i) Federal Risk Assessment.--On an ongoing and 
     continuous basis, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall assess the Federal risk 
     posture using any available information on the cybersecurity 
     posture of agencies, and brief the Director and National 
     Cyber Director on the findings of such assessment, 
     including--
       ``(1) the status of agency cybersecurity remedial actions 
     for high value assets described in section 3554(b)(7);
       ``(2) any vulnerability information relating to the systems 
     of an agency that is known by the agency;
       ``(3) analysis of incident information under section 3597;
       ``(4) evaluation of penetration testing performed under 
     section 3559A;
       ``(5) evaluation of vulnerability disclosure program 
     information under section 3559B;
       ``(6) evaluation of agency threat hunting results;
       ``(7) evaluation of Federal and non-Federal cyber threat 
     intelligence;
       ``(8) data on agency compliance with standards issued under 
     section 11331 of title 40;
       ``(9) agency system risk assessments required under section 
     3554(a)(1)(A);
       ``(10) relevant reports from inspectors general of agencies 
     and the Government Accountability Office; and
       ``(11) any other information the Director of the 
     Cybersecurity and Infrastructure Security Agency determines 
     relevant.''; and
       (F) by adding at the end the following:
       ``(m) Directives.--
       ``(1) Emergency directive updates.--If the Secretary issues 
     an emergency directive under this section, the Director of 
     the Cybersecurity and Infrastructure Security Agency shall 
     submit to the Director, the National Cyber Director, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives an update on the status of the implementation 
     of the emergency directive at agencies not later than 7 days 
     after the date on which the emergency directive requires an 
     agency to complete a requirement specified by the emergency 
     directive, and every 30 days thereafter until--
       ``(A) the date on which every agency has fully implemented 
     the emergency directive;
       ``(B) the Secretary determines that an emergency directive 
     no longer requires active reporting from agencies or 
     additional implementation; or
       ``(C) the date that is 1 year after the issuance of the 
     directive.
       ``(2) Binding operational directive updates.--If the 
     Secretary issues a binding operational directive under this 
     section, the Director of the Cybersecurity and Infrastructure 
     Security Agency shall submit to the Director, the National 
     Cyber Director, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committees on 
     Oversight and Accountability

[[Page S2915]]

     and Homeland Security of the House of Representatives an 
     update on the status of the implementation of the binding 
     operational directive at agencies not later than 30 days 
     after the issuance of the binding operational directive, and 
     every 90 days thereafter until--
       ``(A) the date on which every agency has fully implemented 
     the binding operational directive;
       ``(B) the Secretary determines that a binding operational 
     directive no longer requires active reporting from agencies 
     or additional implementation; or
       ``(C) the date that is 1 year after the issuance or 
     substantive update of the directive.
       ``(3) Report.--If the Director of the Cybersecurity and 
     Infrastructure Security Agency ceases submitting updates 
     required under paragraphs (1) or (2) on the date described in 
     paragraph (1)(C) or (2)(C), the Director of the Cybersecurity 
     and Infrastructure Security Agency shall submit to the 
     Director, the National Cyber Director, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committees on Oversight and Accountability and Homeland 
     Security of the House of Representatives a list of every 
     agency that, at the time of the report--
       ``(A) has not completed a requirement specified by an 
     emergency directive; or
       ``(B) has not implemented a binding operational directive.
       ``(n) Review of Office of Management and Budget Guidance 
     and Policy.--
       ``(1) Conduct of review.--Not less frequently than once 
     every 3 years, the Director of the Office of Management and 
     Budget shall review the efficacy of the guidance and policy 
     promulgated by the Director in reducing cybersecurity risks, 
     including a consideration of reporting and compliance burden 
     on agencies.
       ``(2) Congressional notification.--The Director of the 
     Office of Management and Budget shall notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives of changes to guidance or policy resulting 
     from the review under paragraph (1).
       ``(3) GAO review.--The Government Accountability Office 
     shall review guidance and policy promulgated by the Director 
     to assess its efficacy in risk reduction and burden on 
     agencies.
       ``(o) Automated Standard Implementation Verification.--When 
     the Director of the National Institute of Standards and 
     Technology issues a proposed standard or guideline pursuant 
     to paragraphs (2) or (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)), the Director of the National Institute of Standards 
     and Technology shall consider developing and, if appropriate 
     and practical, develop specifications to enable the automated 
     verification of the implementation of the controls.
       ``(p) Inspectors General Access to Federal Risk 
     Assessments.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall, upon request, make 
     available Federal risk assessment information under 
     subsection (i) to the Inspector General of the Department of 
     Homeland Security and the inspector general of any agency 
     that was included in the Federal risk assessment.'';
       (3) in section 3554--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by redesignating subparagraphs (A), (B), and (C) as 
     subparagraphs (B), (C), and (D), respectively;
       (II) by inserting before subparagraph (B), as so 
     redesignated, the following:

       ``(A) on an ongoing and continuous basis, assessing agency 
     system risk, as applicable, by--
       ``(i) identifying and documenting the high value assets of 
     the agency using guidance from the Director;
       ``(ii) evaluating the data assets inventoried under section 
     3511 for sensitivity to compromises in confidentiality, 
     integrity, and availability;
       ``(iii) identifying whether the agency is participating in 
     federally offered cybersecurity shared services programs;
       ``(iv) identifying agency systems that have access to or 
     hold the data assets inventoried under section 3511;
       ``(v) evaluating the threats facing agency systems and 
     data, including high value assets, based on Federal and non-
     Federal cyber threat intelligence products, where available;
       ``(vi) evaluating the vulnerability of agency systems and 
     data, including high value assets, including by analyzing--

       ``(I) the results of penetration testing performed by the 
     Department of Homeland Security under section 3553(b)(9);
       ``(II) the results of penetration testing performed under 
     section 3559A;
       ``(III) information provided to the agency through the 
     vulnerability disclosure program of the agency under section 
     3559B;
       ``(IV) incidents; and
       ``(V) any other vulnerability information relating to 
     agency systems that is known to the agency;

       ``(vii) assessing the impacts of potential agency incidents 
     to agency systems, data, and operations based on the 
     evaluations described in clauses (ii) and (v) and the agency 
     systems identified under clause (iv); and
       ``(viii) assessing the consequences of potential incidents 
     occurring on agency systems that would impact systems at 
     other agencies, including due to interconnectivity between 
     different agency systems or operational reliance on the 
     operations of the system or data in the system;'';

       (III) in subparagraph (B), as so redesignated, in the 
     matter preceding clause (i), by striking ``providing 
     information'' and inserting ``using information from the 
     assessment required under subparagraph (A), providing 
     information'';
       (IV) in subparagraph (C), as so redesignated--

       (aa) in clause (ii) by inserting ``binding'' before 
     ``operational''; and
       (bb) in clause (vi), by striking ``and'' at the end; and

       (V) by adding at the end the following:

       ``(E) providing an update on the ongoing and continuous 
     assessment required under subparagraph (A)--
       ``(i) upon request, to the inspector general of the agency 
     or the Comptroller General of the United States; and
       ``(ii) at intervals determined by guidance issued by the 
     Director, and to the extent appropriate and practicable using 
     automation, to--

       ``(I) the Director;
       ``(II) the Director of the Cybersecurity and Infrastructure 
     Security Agency; and
       ``(III) the National Cyber Director;'';

       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``in accordance with 
     the agency system risk assessment required under paragraph 
     (1)(A)'' after ``information systems'';
       (II) in subparagraph (D), by inserting ``, through the use 
     of penetration testing, the vulnerability disclosure program 
     established under section 3559B, and other means,'' after 
     ``periodically'';

       (iii) in paragraph (3)(A)--

       (I) in the matter preceding clause (i), by striking 
     ``senior agency information security officer'' and inserting 
     ``Chief Information Security Officer'';
       (II) in clause (i), by striking ``this section'' and 
     inserting ``subsections (a) through (c)'';
       (III) in clause (ii), by striking ``training and'' and 
     inserting ``skills, training, and'';
       (IV) by redesignating clauses (iii) and (iv) as (iv) and 
     (v), respectively;
       (V) by inserting after clause (ii) the following:

       ``(iii) manage information security, cybersecurity budgets, 
     and risk and compliance activities and explain those concepts 
     to the head of the agency and the executive team of the 
     agency;''; and

       (VI) in clause (iv), as so redesignated, by striking 
     ``information security duties as that official's primary 
     duty'' and inserting ``information, computer network, and 
     technology security duties as the Chief Information Security 
     Officers' primary duty'';

       (iv) in paragraph (5), by striking ``annually'' and 
     inserting ``not less frequently than quarterly''; and
       (v) in paragraph (6), by striking ``official delegated'' 
     and inserting ``Chief Information Security Officer 
     delegated''; and
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) the ongoing and continuous assessment of agency 
     system risk required under subsection (a)(1)(A), which may 
     include using guidance and automated tools consistent with 
     standards and guidelines promulgated under section 11331 of 
     title 40, as applicable;'';
       (ii) in paragraph (2)--

       (I) by striking subparagraph (B);
       (II) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively;
       (III) in subparagraph (B), as so redesignated, by striking 
     ``and'' at the end; and
       (IV) in subparagraph (C), as so redesignated--

       (aa) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (bb) by inserting after clause (ii) the following:
       ``(iii) binding operational directives and emergency 
     directives issued by the Secretary under section 3553;''; and
       (cc) in clause (iv), as so redesignated, by striking ``as 
     determined by the agency; and'' and inserting ``as determined 
     by the agency, considering the agency risk assessment 
     required under subsection (a)(1)(A);
       (iii) in paragraph (5)(A), by inserting ``, including 
     penetration testing, as appropriate,'' after ``shall include 
     testing'';
       (iv) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (v) by inserting after paragraph (6) the following:
       ``(7) a secure process for providing the status of every 
     remedial action and unremediated identified system 
     vulnerability of a high value asset to the Director and the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, using automation and machine-readable data to the 
     greatest extent practicable;''; and
       (vi) in paragraph (8)(C), as so redesignated--

       (I) by striking clause (ii) and inserting the following:

       ``(ii) notifying and consulting with the Federal 
     information security incident center established under 
     section 3556 pursuant to the requirements of section 3594;'';

       (II) by redesignating clause (iii) as clause (iv);
       (III) by inserting after clause (ii) the following:

[[Page S2916]]

       ``(iii) performing the notifications and other activities 
     required under subchapter IV of this chapter; and''; and

       (IV) in clause (iv), as so redesignated--

       (aa) in subclause (II), by adding ``and'' at the end;
       (bb) by striking subclause (III); and
       (cc) by redesignating subclause (IV) as subclause (III); 
     and
       (C) in subsection (c)--
       (i) by redesignating paragraph (2) as paragraph (5);
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) Biennial report.--Not later than 2 years after the 
     date of enactment of the Federal Information Security 
     Modernization Act of 2023 and not less frequently than once 
     every 2 years thereafter, using the continuous and ongoing 
     agency system risk assessment required under subsection 
     (a)(1)(A), the head of each agency shall submit to the 
     Director, the National Cyber Director, the Director of the 
     Cybersecurity and Infrastructure Security Agency, the 
     Comptroller General of the United States, the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Accountability of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Science, 
     Space, and Technology of the House of Representatives, and 
     the appropriate authorization and appropriations committees 
     of Congress a report that--
       ``(A) summarizes the agency system risk assessment required 
     under subsection (a)(1)(A);
       ``(B) evaluates the adequacy and effectiveness of 
     information security policies, procedures, and practices of 
     the agency to address the risks identified in the agency 
     system risk assessment required under subsection (a)(1)(A), 
     including an analysis of the agency's cybersecurity and 
     incident response capabilities using the metrics established 
     under section 224(c) of the Cybersecurity Act of 2015 (6 
     U.S.C. 1522(c)); and
       ``(C) summarizes the status of remedial actions identified 
     by inspector general of the agency, the Comptroller General 
     of the United States, and any other source determined 
     appropriate by the head of the agency.
       ``(2) Unclassified reports.--Each report submitted under 
     paragraph (1)--
       ``(A) shall be, to the greatest extent practicable, in an 
     unclassified and otherwise uncontrolled form; and
       ``(B) may include 1 or more annexes that contain classified 
     or other sensitive information, as appropriate.
       ``(3) Briefings.--During each year during which a report is 
     not required to be submitted under paragraph (1), the 
     Director shall provide to the congressional committees 
     described in paragraph (1) a briefing summarizing current 
     agency and Federal risk postures.''; and
       (iii) in paragraph (5), as so redesignated, by striking the 
     period at the end and inserting ``, including the reporting 
     procedures established under section 11315(d) of title 40 and 
     subsection (a)(3)(A)(v) of this section'';
       (4) in section 3555--
       (A) in the section heading, by striking ``annual 
     independent'' and inserting ``independent'';
       (B) in subsection (a)--
       (i) in paragraph (1), by inserting ``during which a report 
     is required to be submitted under section 3553(c),'' after 
     ``Each year'';
       (ii) in paragraph (2)(A), by inserting ``, including by 
     performing, or reviewing the results of, agency penetration 
     testing and analyzing the vulnerability disclosure program of 
     the agency'' after ``information systems''; and
       (iii) by adding at the end the following:
       ``(3) An evaluation under this section may include 
     recommendations for improving the cybersecurity posture of 
     the agency.'';
       (C) in subsection (b)(1), by striking ``annual'';
       (D) in subsection (e)(1), by inserting ``during which a 
     report is required to be submitted under section 3553(c)'' 
     after ``Each year'';
       (E) in subsection (g)(2)--
       (i) by striking ``this subsection shall'' and inserting 
     ``this subsection--
       ``(A) shall'';
       (ii) in subparagraph (A), as so designated, by striking the 
     period at the end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(B) identify any entity that performs an independent 
     evaluation under subsection (b).''; and
       (F) by striking subsection (j) and inserting the following:
       ``(j) Guidance.--
       ``(1) In general.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, the Chief Information Officers Council, the Council 
     of the Inspectors General on Integrity and Efficiency, and 
     other interested parties as appropriate, shall ensure the 
     development of risk-based guidance for evaluating the 
     effectiveness of an information security program and 
     practices.
       ``(2) Priorities.--The risk-based guidance developed under 
     paragraph (1) shall include--
       ``(A) the identification of the most common successful 
     threat patterns;
       ``(B) the identification of security controls that address 
     the threat patterns described in subparagraph (A);
       ``(C) any other security risks unique to Federal systems; 
     and
       ``(D) any other element the Director determines 
     appropriate.''; and
       (5) in section 3556(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``within the Cybersecurity and Infrastructure Security 
     Agency'' after ``incident center''; and
       (B) in paragraph (4), by striking ``3554(b)'' and inserting 
     ``3554(a)(1)(A)''.
       (d) Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by striking 
     the item relating to section 3555 and inserting the 
     following:

``3555. Independent evaluation.''.
       (2) OMB reports.--Section 226(c) of the Cybersecurity Act 
     of 2015 (6 U.S.C. 1524(c)) is amended--
       (A) in paragraph (1)(B), in the matter preceding clause 
     (i), by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (B) in paragraph (2)(B), in the matter preceding clause 
     (i)--
       (i) by striking ``annually thereafter'' and inserting 
     ``thereafter during the years during which a report is 
     required to be submitted under section 3553(c) of title 44, 
     United States Code''; and
       (ii) by striking ``the report required under section 
     3553(c) of title 44, United States Code'' and inserting 
     ``that report''.
       (3) NIST responsibilities.--Section 20(d)(3)(B) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3(d)(3)(B)) is amended by striking ``annual''.
       (e) Federal System Incident Response.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

           ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE

     ``Sec. 3591. Definitions

       ``(a) In General.--Except as provided in subsection (b), 
     the definitions under sections 3502 and 3552 shall apply to 
     this subchapter.
       ``(b) Additional Definitions.--As used in this subchapter:
       ``(1) Appropriate reporting entities.--The term 
     `appropriate reporting entities' means--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(E) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(F) the Committee on Homeland Security of the House of 
     Representatives;
       ``(G) the Committee on Science, Space, and Technology of 
     the House of Representatives;
       ``(H) the appropriate authorization and appropriations 
     committees of Congress;
       ``(I) the Director;
       ``(J) the Director of the Cybersecurity and Infrastructure 
     Security Agency;
       ``(K) the National Cyber Director;
       ``(L) the Comptroller General of the United States; and
       ``(M) the inspector general of any impacted agency.
       ``(2) Awardee.--The term `awardee', with respect to an 
     agency--
       ``(A) means--
       ``(i) the recipient of a grant from an agency;
       ``(ii) a party to a cooperative agreement with an agency; 
     and
       ``(iii) a party to an other transaction agreement with an 
     agency; and
       ``(B) includes a subawardee of an entity described in 
     subparagraph (A).
       ``(3) Breach.--The term `breach'--
       ``(A) means the compromise, unauthorized disclosure, 
     unauthorized acquisition, or loss of control of personally 
     identifiable information or any similar occurrence; and
       ``(B) includes any additional meaning given the term in 
     policies, principles, standards, or guidelines issued by the 
     Director.
       ``(4) Contractor.--The term `contractor' means a prime 
     contractor of an agency or a subcontractor of a prime 
     contractor of an agency that creates, collects, stores, 
     processes, maintains, or transmits Federal information on 
     behalf of an agency.
       ``(5) Federal information.--The term `Federal information' 
     means information created, collected, processed, maintained, 
     disseminated, disclosed, or disposed of by or for the Federal 
     Government in any medium or form.
       ``(6) Federal information system.--The term `Federal 
     information system' means an information system owned, 
     managed, or operated by an agency, or on behalf of an agency 
     by a contractor, an awardee, or another organization.
       ``(7) Intelligence community.--The term `intelligence 
     community' has the meaning given the term in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003).
       ``(8) Nationwide consumer reporting agency.--The term 
     `nationwide consumer reporting agency' means a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(p)).
       ``(9) Vulnerability disclosure.--The term `vulnerability 
     disclosure' means a vulnerability identified under section 
     3559B.

[[Page S2917]]

  


     ``Sec. 3592. Notification of breach

       ``(a) Definition.--In this section, the term `covered 
     breach' means a breach--
       ``(1) involving not less than 50,000 potentially affected 
     individuals; or
       ``(2) the result of which the head of an agency determines 
     that notifying potentially affected individuals is necessary 
     pursuant to subsection (b)(1), regardless of whether--
       ``(A) the number of potentially affected individuals is 
     less than 50,000; or
       ``(B) the notification is delayed under subsection (d).
       ``(b) Notification.--As expeditiously as practicable and 
     without unreasonable delay, and in any case not later than 45 
     days after an agency has a reasonable basis to conclude that 
     a breach has occurred, the head of the agency, in 
     consultation with the Chief Information Officer and Chief 
     Privacy Officer of the agency, shall--
       ``(1) determine whether notice to any individual 
     potentially affected by the breach is appropriate, including 
     by conducting an assessment of the risk of harm to the 
     individual that considers--
       ``(A) the nature and sensitivity of the personally 
     identifiable information affected by the breach;
       ``(B) the likelihood of access to and use of the personally 
     identifiable information affected by the breach;
       ``(C) the type of breach; and
       ``(D) any other factors determined by the Director; and
       ``(2) if the head of the agency determines notification is 
     necessary pursuant to paragraph (1), provide written 
     notification in accordance with subsection (c) to each 
     individual potentially affected by the breach--
       ``(A) to the last known mailing address of the individual; 
     or
       ``(B) through an appropriate alternative method of 
     notification.
       ``(c) Contents of Notification.--Each notification of a 
     breach provided to an individual under subsection (b)(2) 
     shall include, to the maximum extent practicable--
       ``(1) a brief description of the breach;
       ``(2) if possible, a description of the types of personally 
     identifiable information affected by the breach;
       ``(3) contact information of the agency that may be used to 
     ask questions of the agency, which--
       ``(A) shall include an e-mail address or another digital 
     contact mechanism; and
       ``(B) may include a telephone number, mailing address, or a 
     website;
       ``(4) information on any remedy being offered by the 
     agency;
       ``(5) any applicable educational materials relating to what 
     individuals can do in response to a breach that potentially 
     affects their personally identifiable information, including 
     relevant contact information for the appropriate Federal law 
     enforcement agencies and each nationwide consumer reporting 
     agency; and
       ``(6) any other appropriate information, as determined by 
     the head of the agency or established in guidance by the 
     Director.
       ``(d) Delay of Notification.--
       ``(1) In general.--The head of an agency, in coordination 
     with the Director and the National Cyber Director, and as 
     appropriate, the Attorney General, the Director of National 
     Intelligence, or the Secretary of Homeland Security, may 
     delay a notification required under subsection (b) or (e) if 
     the notification would--
       ``(A) impede a criminal investigation or a national 
     security activity;
       ``(B) cause an adverse result (as described in section 
     2705(a)(2) of title 18);
       ``(C) reveal sensitive sources and methods;
       ``(D) cause damage to national security; or
       ``(E) hamper security remediation actions.
       ``(2) Renewal.--A delay under paragraph (1) shall be for a 
     period of 60 days and may be renewed.
       ``(3) National security systems.--The head of an agency 
     delaying notification under this subsection with respect to a 
     breach exclusively of a national security system shall 
     coordinate such delay with the Secretary of Defense.
       ``(e) Update Notification.--If an agency determines there 
     is a significant change in the reasonable basis to conclude 
     that a breach occurred, a significant change to the 
     determination made under subsection (b)(1), or that it is 
     necessary to update the details of the information provided 
     to potentially affected individuals as described in 
     subsection (c), the agency shall as expeditiously as 
     practicable and without unreasonable delay, and in any case 
     not later than 30 days after such a determination, notify 
     each individual who received a notification pursuant to 
     subsection (b) of those changes.
       ``(f) Delay of Notification Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2023, and annually thereafter, the head of an agency, 
     in coordination with any official who delays a notification 
     under subsection (d), shall submit to the appropriate 
     reporting entities a report on each delay that occurred 
     during the previous 2 years.
       ``(2) Component of other report.--The head of an agency may 
     submit the report required under paragraph (1) as a component 
     of the report submitted under section 3554(c).
       ``(g) Congressional Reporting Requirements.--
       ``(1) Review and update.--On a periodic basis, the Director 
     of the Office of Management and Budget shall review, and 
     update as appropriate, breach notification policies and 
     guidelines for agencies.
       ``(2) Required notice from agencies.--Subject to paragraph 
     (4), the Director of the Office of Management and Budget 
     shall require the head of an agency affected by a covered 
     breach to expeditiously and not later than 30 days after the 
     date on which the agency discovers the covered breach give 
     notice of the breach, which may be provided electronically, 
     to--
       ``(A) each congressional committee described in section 
     3554(c)(1); and
       ``(B) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       ``(3) Contents of notice.--Notice of a covered breach 
     provided by the head of an agency pursuant to paragraph (2) 
     shall include, to the extent practicable--
       ``(A) information about the covered breach, including a 
     summary of any information about how the covered breach 
     occurred known by the agency as of the date of the notice;
       ``(B) an estimate of the number of individuals affected by 
     covered the breach based on information known by the agency 
     as of the date of the notice, including an assessment of the 
     risk of harm to affected individuals;
       ``(C) a description of any circumstances necessitating a 
     delay in providing notice to individuals affected by the 
     covered breach in accordance with subsection (d); and
       ``(D) an estimate of when the agency will provide notice to 
     individuals affected by the covered breach, if applicable.
       ``(4) Exception.--Any agency that is required to provide 
     notice to Congress pursuant to paragraph (2) due to a covered 
     breach exclusively on a national security system shall only 
     provide such notice to--
       ``(A) the majority and minority leaders of the Senate;
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the appropriations committees of Congress;
       ``(D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(E) the Select Committee on Intelligence of the Senate;
       ``(F) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(G) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(5) Rule of construction.--Nothing in paragraphs (1) 
     through (3) shall be construed to alter any authority of an 
     agency.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the authority of the Director to issue guidance 
     relating to notifications of, or the head of an agency to 
     notify individuals potentially affected by, breaches that are 
     not determined to be covered breaches or major incidents;
       ``(B) the authority of the Director to issue guidance 
     relating to notifications and reporting of breaches, covered 
     breaches, or major incidents;
       ``(C) the authority of the head of an agency to provide 
     more information than required under subsection (b) when 
     notifying individuals potentially affected by a breach;
       ``(D) the timing of incident reporting or the types of 
     information included in incident reports provided, pursuant 
     to this subchapter, to--
       ``(i) the Director;
       ``(ii) the National Cyber Director;
       ``(iii) the Director of the Cybersecurity and 
     Infrastructure Security Agency; or
       ``(iv) any other agency;
       ``(E) the authority of the head of an agency to provide 
     information to Congress about agency breaches, including--
       ``(i) breaches that are not covered breaches; and
       ``(ii) additional information beyond the information 
     described in subsection (g)(3); or
       ``(F) any Congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any existing privacy protections 
     in existing law.

     ``Sec. 3593. Congressional and Executive Branch reports on 
       major incidents

       ``(a) Appropriate Congressional Entities.--In this section, 
     the term `appropriate congressional entities' means--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(4) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(5) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(6) the Committee on Homeland Security of the House of 
     Representatives;
       ``(7) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       ``(8) the appropriate authorization and appropriations 
     committees of Congress
       ``(b) Initial Notification.--
       ``(1) In general.--Not later than 72 hours after an agency 
     has a reasonable basis to conclude that a major incident 
     occurred, the head of the agency impacted by the major 
     incident shall submit to the appropriate reporting entities a 
     written notification, which may be submitted electronically 
     and include 1 or more annexes that contain classified or 
     other sensitive information, as appropriate.
       ``(2) Contents.--A notification required under paragraph 
     (1) with respect to a major

[[Page S2918]]

     incident shall include the following, based on information 
     available to agency officials as of the date on which the 
     agency submits the notification:
       ``(A) A summary of the information available about the 
     major incident, including how the major incident occurred and 
     the threat causing the major incident.
       ``(B) If applicable, information relating to any breach 
     associated with the major incident, regardless of whether--
       ``(i) the breach was the reason the incident was determined 
     to be a major incident; and
       ``(ii) head of the agency determined it was appropriate to 
     provide notification to potentially impacted individuals 
     pursuant to section 3592(b)(1).
       ``(C) A preliminary assessment of the impacts to--
       ``(i) the agency;
       ``(ii) the Federal Government;
       ``(iii) the national security, foreign relations, homeland 
     security, and economic security of the United States; and
       ``(iv) the civil liberties, public confidence, privacy, and 
     public health and safety of the people of the United States.
       ``(D) If applicable, whether any ransom has been demanded 
     or paid, or is expected to be paid, by any entity operating a 
     Federal information system or with access to Federal 
     information or a Federal information system, including, as 
     available, the name of the entity demanding ransom, the date 
     of the demand, and the amount and type of currency demanded, 
     unless disclosure of such information will disrupt an active 
     Federal law enforcement or national security operation.
       ``(c) Supplemental Update.--Within a reasonable amount of 
     time, but not later than 30 days after the date on which the 
     head of an agency submits a written notification under 
     subsection (a), the head of the agency shall provide to the 
     appropriate congressional entities an unclassified and 
     written update, which may include 1 or more annexes that 
     contain classified or other sensitive information, as 
     appropriate, on the major incident, based on information 
     available to agency officials as of the date on which the 
     agency provides the update, on--
       ``(1) system vulnerabilities relating to the major 
     incident, where applicable, means by which the major incident 
     occurred, the threat causing the major incident, where 
     applicable, and impacts of the major incident to--
       ``(A) the agency;
       ``(B) other Federal agencies, Congress, or the judicial 
     branch;
       ``(C) the national security, foreign relations, homeland 
     security, or economic security of the United States; or
       ``(D) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(2) the status of compliance of the affected Federal 
     information system with applicable security requirements at 
     the time of the major incident;
       ``(3) if the major incident involved a breach, a 
     description of the affected information, an estimate of the 
     number of individuals potentially impacted, and any 
     assessment to the risk of harm to such individuals;
       ``(4) an update to the assessment of the risk to agency 
     operations, or to impacts on other agency or non-Federal 
     entity operations, affected by the major incident; and
       ``(5) the detection, response, and remediation actions of 
     the agency, including any support provided by the 
     Cybersecurity and Infrastructure Security Agency under 
     section 3594(d), if applicable.
       ``(d) Additional Update.--If the head of an agency, the 
     Director, or the National Cyber Director determines that 
     there is any significant change in the understanding of the 
     scope, scale, or consequence of a major incident for which 
     the head of the agency submitted a written notification and 
     update under subsections (b) and (c), the head of the agency 
     shall submit to the appropriate congressional entities a 
     written update that includes information relating to the 
     change in understanding.
       ``(e) Biennial Report.--Each agency shall submit as part of 
     the biennial report required under section 3554(c)(1) a 
     description of each major incident that occurred during the 
     2-year period preceding the date on which the biennial report 
     is submitted.
       ``(f) Report Delivery.--
       ``(1) In general.--Any written notification or update 
     required to be submitted under this section--
       ``(A) shall be submitted in an electronic format; and
       ``(B) may be submitted in a paper format.
       ``(2) Classification status.--Any written notification or 
     update required to be submitted under this section--
       ``(A) shall be--
       ``(i) unclassified; and
       ``(ii) submitted through unclassified electronic means 
     pursuant to paragraph (1)(A); and
       ``(B) may include classified annexes, as appropriate.
       ``(g) Report Consistency.--To achieve consistent and 
     coherent agency reporting to Congress, the National Cyber 
     Director, in coordination with the Director, shall--
       ``(1) provide recommendations to agencies on formatting and 
     the contents of information to be included in the reports 
     required under this section, including recommendations for 
     consistent formats for presenting any associated metrics; and
       ``(2) maintain a comprehensive record of each major 
     incident notification, update, and briefing provided under 
     this section, which shall--
       ``(A) include, at a minimum--
       ``(i) the full contents of the written notification or 
     update;
       ``(ii) the identity of the reporting agency; and
       ``(iii) the date of submission; and
       ``(iv) a list of the recipient congressional entities; and
       ``(B) be made available upon request to the majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Oversight and Accountability of the House of 
     Representatives.
       ``(h) National Security Systems Congressional Reporting 
     Exemption.--With respect to a major incident that occurs 
     exclusively on a national security system, the head of the 
     affected agency shall submit the notifications and reports 
     required to be submitted to Congress under this section only 
     to--
       ``(1) the majority and minority leaders of the Senate;
       ``(2) the Speaker and minority leader of the House of 
     Representatives;
       ``(3) the appropriations committees of Congress;
       ``(4) the appropriate authorization committees of Congress;
       ``(5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(6) the Select Committee on Intelligence of the Senate;
       ``(7) the Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(8) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(i) Major Incidents Including Breaches.--If a major 
     incident constitutes a covered breach, as defined in section 
     3592(a), information on the covered breach required to be 
     submitted to Congress pursuant to section 3592(g) may--
       ``(1) be included in the notifications required under 
     subsection (b) or (c); or
       ``(2) be reported to Congress under the process established 
     under section 3592(g).
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) limit--
       ``(A) the ability of an agency to provide additional 
     reports or briefings to Congress;
       ``(B) Congress from requesting additional information from 
     agencies through reports, briefings, or other means;
       ``(C) any congressional reporting requirements of agencies 
     under any other law; or
       ``(2) limit or supersede any privacy protections under any 
     other law.

     ``Sec. 3594. Government information sharing and incident 
       response

       ``(a) In General.--
       ``(1) Incident sharing.--Subject to paragraph (4) and 
     subsection (b), and in accordance with the applicable 
     requirements pursuant to section 3553(b)(2)(A) for reporting 
     to the Federal information security incident center 
     established under section 3556, the head of each agency shall 
     provide to the Cybersecurity and Infrastructure Security 
     Agency information relating to any incident affecting the 
     agency, whether the information is obtained by the Federal 
     Government directly or indirectly.
       ``(2) Contents.--A provision of information relating to an 
     incident made by the head of an agency under paragraph (1) 
     shall include, at a minimum--
       ``(A) a full description of the incident, including--
       ``(i) all indicators of compromise and tactics, techniques, 
     and procedures;
       ``(ii) an indicator of how the intruder gained initial 
     access, accessed agency data or systems, and undertook 
     additional actions on the network of the agency; and
       ``(iii) information that would support enabling defensive 
     measures; and
       ``(iv) other information that may assist in identifying 
     other victims;
       ``(B) information to help prevent similar incidents, such 
     as information about relevant safeguards in place when the 
     incident occurred and the effectiveness of those safeguards; 
     and
       ``(C) information to aid in incident response, such as--
       ``(i) a description of the affected systems or networks;
       ``(ii) the estimated dates of when the incident occurred; 
     and
       ``(iii) information that could reasonably help identify any 
     malicious actor that may have conducted or caused the 
     incident, subject to appropriate privacy protections.
       ``(3) Information sharing.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(A) make incident information provided under paragraph 
     (1) available to the Director and the National Cyber 
     Director;
       ``(B) to the greatest extent practicable, share information 
     relating to an incident with--
       ``(i) the head of any agency that may be--

       ``(I) impacted by the incident;
       ``(II) particularly susceptible to the incident; or
       ``(III) similarly targeted by the incident; and

       ``(ii) appropriate Federal law enforcement agencies to 
     facilitate any necessary threat response activities, as 
     requested;
       ``(C) coordinate any necessary information sharing efforts 
     relating to a major incident with the private sector; and
       ``(D) notify the National Cyber Director of any efforts 
     described in subparagraph (C).

[[Page S2919]]

       ``(4) National security systems exemption.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (3), 
     each agency operating or exercising control of a national 
     security system shall share information about an incident 
     that occurs exclusively on a national security system with 
     the Secretary of Defense, the Director, the National Cyber 
     Director, and the Director of the Cybersecurity and 
     Infrastructure Security Agency to the extent consistent with 
     standards and guidelines for national security systems issued 
     in accordance with law and as directed by the President.
       ``(B) Protections.--Any information sharing and handling of 
     information under this paragraph shall be appropriately 
     protected consistent with procedures authorized for the 
     protection of sensitive sources and methods or by procedures 
     established for information that have been specifically 
     authorized under criteria established by an Executive order 
     or an Act of Congress to be kept classified in the interest 
     of national defense or foreign policy.
       ``(b) Automation.--In providing information and selecting a 
     method to provide information under subsection (a), the head 
     of each agency shall implement subsection (a)(1) in a manner 
     that provides such information to the Cybersecurity and 
     Infrastructure Security Agency in an automated and machine-
     readable format, to the greatest extent practicable.
       ``(c) Incident Response.--Each agency that has a reasonable 
     basis to suspect or conclude that a major incident occurred 
     involving Federal information in electronic medium or form 
     that does not exclusively involve a national security system 
     shall coordinate with--
       ``(1) the Cybersecurity and Infrastructure Security Agency 
     to facilitate asset response activities and provide 
     recommendations for mitigating future incidents; and
       ``(2) consistent with relevant policies, appropriate 
     Federal law enforcement agencies to facilitate threat 
     response activities.

     ``Sec. 3595. Responsibilities of contractors and awardees

       ``(a) Reporting.--
       ``(1) In general.--Any contractor or awardee of an agency 
     shall report to the agency if the contractor or awardee has a 
     reasonable basis to conclude that--
       ``(A) an incident or breach has occurred with respect to 
     Federal information the contractor or awardee collected, 
     used, or maintained on behalf of an agency;
       ``(B) an incident or breach has occurred with respect to a 
     Federal information system used, operated, managed, or 
     maintained on behalf of an agency by the contractor or 
     awardee;
       ``(C) a component of any Federal information system 
     operated, managed, or maintained by a contractor or awardee 
     contains a security vulnerability, including a supply chain 
     compromise or an identified software or hardware 
     vulnerability, for which there is reliable evidence of 
     attempted or successful exploitation of the vulnerability by 
     an actor without authorization of the Federal information 
     system owner; or
       ``(D) the contractor or awardee has received personally 
     identifiable information, personal health information, or 
     other clearly sensitive information that is beyond the scope 
     of the contract or agreement with the agency from the agency 
     that the contractor or awardee is not authorized to receive.
       ``(2) Third-party reports of vulnerabilities.--Subject to 
     the guidance issued by the Director pursuant to paragraph 
     (4), any contractor or awardee of an agency shall report to 
     the agency and the Cybersecurity and Infrastructure Security 
     Agency if the contractor or awardee has a reasonable basis to 
     suspect or conclude that a component of any Federal 
     information system operated, managed, or maintained on behalf 
     of an agency by the contractor or awardee on behalf of the 
     agency contains a security vulnerability, including a supply 
     chain compromise or an identified software or hardware 
     vulnerability, that has been reported to the contractor or 
     awardee by a third party, including through a vulnerability 
     disclosure program.
       ``(3) Procedures.--
       ``(A) Sharing with cisa.--As soon as practicable following 
     a report of an incident to an agency by a contractor or 
     awardee under paragraph (1), the head of the agency shall 
     provide, pursuant to section 3594, information about the 
     incident to the Director of the Cybersecurity and 
     Infrastructure Security Agency.
       ``(B) Time for reporting.--Unless a different time for 
     reporting is specified in a contract, grant, cooperative 
     agreement, or other transaction agreement, a contractor or 
     awardee shall--
       ``(i) make a report required under paragraph (1) not later 
     than 1 day after the date on which the contractor or awardee 
     has reasonable basis to suspect or conclude that the criteria 
     under paragraph (1) have been met; and
       ``(ii) make a report required under paragraph (2) within a 
     reasonable time, but not later than 90 days after the date on 
     which the contractor or awardee has reasonable basis to 
     suspect or conclude that the criteria under paragraph (2) 
     have been met.
       ``(C) Procedures.--Following a report of a breach or 
     incident to an agency by a contractor or awardee under 
     paragraph (1), the head of the agency, in consultation with 
     the contractor or awardee, shall carry out the applicable 
     requirements under sections 3592, 3593, and 3594 with respect 
     to the breach or incident.
       ``(D) Rule of construction.--Nothing in subparagraph (B) 
     shall be construed to allow the negation of the requirements 
     to report vulnerabilities under paragraph (1) or (2) through 
     a contract, grant, cooperative agreement, or other 
     transaction agreement.
       ``(4) Guidance.--The Director shall issue guidance to 
     agencies relating to the scope of vulnerabilities to be 
     reported under paragraph (2), such as the minimum severity of 
     a vulnerability required to be reported or whether 
     vulnerabilities that are already publicly disclosed must be 
     reported.
       ``(b) Regulations; Modifications.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Information Security Modernization 
     Act of 2023--
       ``(A) the Federal Acquisition Regulatory Council shall 
     promulgate regulations, as appropriate, relating to the 
     responsibilities of contractors and recipients of other 
     transaction agreements and cooperative agreements to comply 
     with this section; and
       ``(B) the Office of Federal Financial Management shall 
     promulgate regulations under title 2, Code Federal 
     Regulations, as appropriate, relating to the responsibilities 
     of grantees to comply with this section.
       ``(2) Implementation.--Not later than 1 year after the date 
     on which the Federal Acquisition Regulatory Council and the 
     Office of Federal Financial Management promulgates 
     regulations under paragraph (1), the head of each agency 
     shall implement policies and procedures, as appropriate, 
     necessary to implement those regulations.
       ``(3) Congressional notification.--
       ``(A) In general.--The head of each agency head shall 
     notify the Director upon implementation of policies and 
     procedures necessary to implement the regulations promulgated 
     under paragraph (1).
       ``(B) OMB notification.-- Not later than 30 days after the 
     date described in paragraph (2), the Director shall notify 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committees on Oversight and 
     Accountability and Homeland Security of the House of 
     Representatives on the status of the implementation by each 
     agency of the regulations promulgated under paragraph (1).
       ``(c) National Security Systems Exemption.--Notwithstanding 
     any other provision of this section, a contractor or awardee 
     of an agency that would be required to report an incident or 
     vulnerability pursuant to this section that occurs 
     exclusively on a national security system shall--
       ``(1) report the incident or vulnerability to the head of 
     the agency and the Secretary of Defense; and
       ``(2) comply with applicable laws and policies relating to 
     national security systems.

     ``Sec. 3596. Training

       ``(a) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual who obtains 
     access to a Federal information system because of the status 
     of the individual as--
       ``(1) an employee, contractor, awardee, volunteer, or 
     intern of an agency; or
       ``(2) an employee of a contractor or awardee of an agency.
       ``(b) Best Practices and Consistency.--The Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director, 
     and the Director of the National Institute of Standards and 
     Technology, shall develop best practices to support 
     consistency across agencies in cybersecurity incident 
     response training, including--
       ``(1) information to be collected and shared with the 
     Cybersecurity and Infrastructure Security Agency pursuant to 
     section 3594(a) and processes for sharing such information; 
     and
       ``(2) appropriate training and qualifications for cyber 
     incident responders.
       ``(c) Agency Training.--The head of each agency shall 
     develop training for covered individuals on how to identify 
     and respond to an incident, including--
       ``(1) the internal process of the agency for reporting an 
     incident; and
       ``(2) the obligation of a covered individual to report to 
     the agency any suspected or confirmed incident involving 
     Federal information in any medium or form, including paper, 
     oral, and electronic.
       ``(d) Inclusion in Annual Training.--The training developed 
     under subsection (c) may be included as part of an annual 
     privacy, security awareness, or other appropriate training of 
     an agency.

     ``Sec. 3597. Analysis and report on Federal incidents

       ``(a) Analysis of Federal Incidents.--
       ``(1) Quantitative and qualitative analyses.--The Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     perform and, in coordination with the Director and the 
     National Cyber Director, develop, continuous monitoring and 
     quantitative and qualitative analyses of incidents at 
     agencies, including major incidents, including--
       ``(A) the causes of incidents, including--
       ``(i) attacker tactics, techniques, and procedures; and
       ``(ii) system vulnerabilities, including zero days, 
     unpatched systems, and information system misconfigurations;
       ``(B) the scope and scale of incidents at agencies;
       ``(C) common root causes of incidents across multiple 
     agencies;

[[Page S2920]]

       ``(D) agency incident response, recovery, and remediation 
     actions and the effectiveness of those actions, as 
     applicable;
       ``(E) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       ``(F) trends across multiple agencies to address intrusion 
     detection and incident response capabilities using the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(2) Automated analysis.--The analyses developed under 
     paragraph (1) shall, to the greatest extent practicable, use 
     machine readable data, automation, and machine learning 
     processes.
       ``(3) Sharing of data and analysis.--
       ``(A) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall share on an ongoing 
     basis the analyses and underlying data required under this 
     subsection with agencies, the Director, and the National 
     Cyber Director to--
       ``(i) improve the understanding of cybersecurity risk of 
     agencies; and
       ``(ii) support the cybersecurity improvement efforts of 
     agencies.
       ``(B) Format.--In carrying out subparagraph (A), the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency shall share the analyses--
       ``(i) in human-readable written products; and
       ``(ii) to the greatest extent practicable, in machine-
     readable formats in order to enable automated intake and use 
     by agencies.
       ``(C) Exemption.--This subsection shall not apply to 
     incidents that occur exclusively on national security 
     systems.
       ``(b) Annual Report on Federal Incidents.--Not later than 2 
     years after the date of enactment of this section, and not 
     less frequently than annually thereafter, the Director of the 
     Cybersecurity and Infrastructure Security Agency, in 
     consultation with the Director, the National Cyber Director 
     and the heads of other agencies, as appropriate, shall submit 
     to the appropriate reporting entities a report that 
     includes--
       ``(1) a summary of causes of incidents from across the 
     Federal Government that categorizes those incidents as 
     incidents or major incidents;
       ``(2) the quantitative and qualitative analyses of 
     incidents developed under subsection (a)(1) on an agency-by-
     agency basis and comprehensively across the Federal 
     Government, including--
       ``(A) a specific analysis of breaches; and
       ``(B) an analysis of the Federal Government's performance 
     against the metrics established under section 224(c) of the 
     Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and
       ``(3) an annex for each agency that includes--
       ``(A) a description of each major incident;
       ``(B) the total number of incidents of the agency; and
       ``(C) an analysis of the agency's performance against the 
     metrics established under section 224(c) of the Cybersecurity 
     Act of 2015 (6 U.S.C. 1522(c)).
       ``(c) Publication.--
       ``(1) In general.--The Director of the Cybersecurity and 
     Infrastructure Security Agency shall make a version of each 
     report submitted under subsection (b) publicly available on 
     the website of the Cybersecurity and Infrastructure Security 
     Agency during the year during which the report is submitted.
       ``(2) Exemption.--The publication requirement under 
     paragraph (1) shall not apply to a portion of a report that 
     contains content that should be protected in the interest of 
     national security, as determined by the Director, the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, or the National Cyber Director.
       ``(3) Limitation on exemption.--The exemption under 
     paragraph (2) shall not apply to any version of a report 
     submitted to the appropriate reporting entities under 
     subsection (b).
       ``(4) Requirement for compiling information.--
       ``(A) Compilation.--Subject to subparagraph (B), in making 
     a report publicly available under paragraph (1), the Director 
     of the Cybersecurity and Infrastructure Security Agency shall 
     sufficiently compile information so that no specific incident 
     of an agency can be identified.
       ``(B) Exception.--The Director of the Cybersecurity and 
     Infrastructure Security Agency may include information that 
     enables a specific incident of an agency to be identified in 
     a publicly available report--
       ``(i) with the concurrence of the Director and the National 
     Cyber Director;
       ``(ii) in consultation with the impacted agency; and
       ``(iii) in consultation with the inspector general of the 
     impacted agency.
       ``(d) Information Provided by Agencies.--
       ``(1) In general.--The analysis required under subsection 
     (a) and each report submitted under subsection (b) shall use 
     information provided by agencies under section 3594(a).
       ``(2) Noncompliance reports.--During any year during which 
     the head of an agency does not provide data for an incident 
     to the Cybersecurity and Infrastructure Security Agency in 
     accordance with section 3594(a), the head of the agency, in 
     coordination with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the Director, shall submit 
     to the appropriate reporting entities a report that includes 
     the information described in subsection (b) with respect to 
     the agency.
       ``(e) National Security System Reports.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the Secretary of Defense, in consultation with 
     the Director, the National Cyber Director, the Director of 
     National Intelligence, and the Director of Cybersecurity and 
     Infrastructure Security shall annually submit a report that 
     includes the information described in subsection (b) with 
     respect to national security systems, to the extent that the 
     submission is consistent with standards and guidelines for 
     national security systems issued in accordance with law and 
     as directed by the President, to--
       ``(A) the majority and minority leaders of the Senate,
       ``(B) the Speaker and minority leader of the House of 
     Representatives;
       ``(C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(D) the Select Committee on Intelligence of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Appropriations of the Senate;
       ``(G) the Committee on Oversight and Accountability of the 
     House of Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(J) the Committee on Armed Services of the House of 
     Representatives; and
       ``(K) the Committee on Appropriations of the House of 
     Representatives.
       ``(2) Classified form.--A report required under paragraph 
     (1) may be submitted in a classified form.

     ``Sec. 3598. Major incident definition

       ``(a) In General.--Not later than 1 year after the later of 
     the date of enactment of the Federal Information Security 
     Modernization Act of 2023 and the most recent publication by 
     the Director of guidance to agencies regarding major 
     incidents as of the date of enactment of the Federal 
     Information Security Modernization Act of 2023, the Director 
     shall develop, in coordination with the National Cyber 
     Director, and promulgate guidance on the definition of the 
     term `major incident' for the purposes of subchapter II and 
     this subchapter.
       ``(b) Requirements.--With respect to the guidance issued 
     under subsection (a), the definition of the term `major 
     incident' shall--
       ``(1) include, with respect to any information collected or 
     maintained by or on behalf of an agency or a Federal 
     information system--
       ``(A) any incident the head of the agency determines is 
     likely to result in demonstrable harm to--
       ``(i) the national security interests, foreign relations, 
     homeland security, or economic security of the United States; 
     or
       ``(ii) the civil liberties, public confidence, privacy, or 
     public health and safety of the people of the United States;
       ``(B) any incident the head of the agency determines likely 
     to result in an inability or substantial disruption for the 
     agency, a component of the agency, or the Federal Government, 
     to provide 1 or more critical services;
       ``(C) any incident the head of the agency determines 
     substantially disrupts or substantially degrades the 
     operations of a high value asset owned or operated by the 
     agency;
       ``(D) any incident involving the exposure to a foreign 
     entity of sensitive agency information, such as the 
     communications of the head of the agency, the head of a 
     component of the agency, or the direct reports of the head of 
     the agency or the head of a component of the agency; and
       ``(E) any other type of incident determined appropriate by 
     the Director;
       ``(2) stipulate that the National Cyber Director, in 
     consultation with the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency, may declare 
     a major incident at any agency, and such a declaration shall 
     be considered if it is determined that an incident--
       ``(A) occurs at not less than 2 agencies; and
       ``(B) is enabled by--
       ``(i) a common technical root cause, such as a supply chain 
     compromise, or a common software or hardware vulnerability; 
     or
       ``(ii) the related activities of a common threat actor;
       ``(3) stipulate that, in determining whether an incident 
     constitutes a major incident under the standards described in 
     paragraph (1), the head of the agency shall consult with the 
     National Cyber Director; and
       ``(4) stipulate that the mere report of a vulnerability 
     discovered or disclosed without a loss of confidentiality, 
     integrity, or availability shall not on its own constitute a 
     major incident.
       ``(c) Evaluation and Updates.--Not later than 60 days after 
     the date on which the Director first promulgates the guidance 
     required under subsection (a), and not less frequently than 
     once during the first 90 days of each evenly numbered 
     Congress thereafter, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing that includes--
       ``(1) an evaluation of any necessary updates to the 
     guidance;
       ``(2) an evaluation of any necessary updates to the 
     definition of the term `major incident' included in the 
     guidance; and

[[Page S2921]]

       ``(3) an explanation of, and the analysis that led to, the 
     definition described in paragraph (2).''.
       (2) Clerical amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding at 
     the end the following:

            ``subchapter iv--federal system incident response

``3591. Definitions.
``3592. Notification of breach.
``3593. Congressional and Executive Branch reports.
``3594. Government information sharing and incident response.
``3595. Responsibilities of contractors and awardees.
``3596. Training.
``3597. Analysis and report on Federal incidents.
``3598. Major incident definition.''.

     SEC. 6004. AMENDMENTS TO SUBTITLE III OF TITLE 40.

       (a) Modernizing Government Technology.--Subtitle G of title 
     X of division A of the National Defense Authorization Act for 
     Fiscal Year 2018 (40 U.S.C. 11301 note) is amended in section 
     1078--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' has the meaning given the 
     term in section 551 of title 5, United States Code.
       ``(2) High value asset.--The term `high value asset' has 
     the meaning given the term in section 3552 of title 44, 
     United States Code.'';
       (2) in subsection (b), by adding at the end the following:
       ``(8) Proposal evaluation.--The Director shall--
       ``(A) give consideration for the use of amounts in the Fund 
     to improve the security of high value assets; and
       ``(B) require that any proposal for the use of amounts in 
     the Fund includes, as appropriate--
       ``(i) a cybersecurity risk management plan; and
       ``(ii) a supply chain risk assessment in accordance with 
     section 1326 of title 41.''; and
       (3) in subsection (c)--
       (A) in paragraph (2)(A)(i), by inserting ``, including a 
     consideration of the impact on high value assets'' after 
     ``operational risks'';
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``and''; and
       (iii) by adding at the end the following:
       ``(C) a senior official from the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security, appointed by the Director.''; and
       (C) in paragraph (6)(A), by striking ``shall be--'' and all 
     that follows through ``4 employees'' and inserting ``shall be 
     4 employees''.
       (b) Subchapter I.--Subchapter I of chapter 113 of subtitle 
     III of title 40, United States Code, is amended--
       (1) in section 11302--
       (A) in subsection (b), by striking ``use, security, and 
     disposal of'' and inserting ``use, and disposal of, and, in 
     consultation with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director, promote and improve the security of,''; and
       (B) in subsection (h), by inserting ``, including 
     cybersecurity performances,'' after ``the performances''; and
       (2) in section 11303(b)(2)(B)--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(iii) whether the function should be performed by a 
     shared service offered by another executive agency;''.
       (c) Subchapter II.--Subchapter II of chapter 113 of 
     subtitle III of title 40, United States Code, is amended--
       (1) in section 11312(a), by inserting ``, including 
     security risks'' after ``managing the risks'';
       (2) in section 11313(1), by striking ``efficiency and 
     effectiveness'' and inserting ``efficiency, security, and 
     effectiveness'';
       (3) in section 11317, by inserting ``security,'' before 
     ``or schedule''; and
       (4) in section 11319(b)(1), in the paragraph heading, by 
     striking ``CIOS'' and inserting ``Chief information 
     officers''.

     SEC. 6005. ACTIONS TO ENHANCE FEDERAL INCIDENT TRANSPARENCY.

       (a) Responsibilities of the Cybersecurity and 
     Infrastructure Security Agency.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall--
       (A) develop a plan for the development of the analysis 
     required under section 3597(a) of title 44, United States 
     Code, as added by this title, and the report required under 
     subsection (b) of that section that includes--
       (i) a description of any challenges the Director of the 
     Cybersecurity and Infrastructure Security Agency anticipates 
     encountering; and
       (ii) the use of automation and machine-readable formats for 
     collecting, compiling, monitoring, and analyzing data; and
       (B) provide to the appropriate congressional committees a 
     briefing on the plan developed under subparagraph (A).
       (2) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the 
     appropriate congressional committees a briefing on--
       (A) the execution of the plan required under paragraph 
     (1)(A); and
       (B) the development of the report required under section 
     3597(b) of title 44, United States Code, as added by this 
     title.
       (b) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) Updating fisma 2014.--Section 2 of the Federal 
     Information Security Modernization Act of 2014 (Public Law 
     113-283; 128 Stat. 3073) is amended--
       (A) by striking subsections (b) and (d); and
       (B) by redesignating subsections (c), (e), and (f) as 
     subsections (b), (c), and (d), respectively.
       (2) Incident data sharing.--
       (A) In general.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall develop, and as appropriate update, guidance, 
     on the content, timeliness, and format of the information 
     provided by agencies under section 3594(a) of title 44, 
     United States Code, as added by this title.
       (B) Requirements.--The guidance developed under 
     subparagraph (A) shall--
       (i) enable the efficient development of--

       (I) lessons learned and recommendations in responding to, 
     recovering from, remediating, and mitigating future 
     incidents; and
       (II) the report on Federal incidents required under section 
     3597(b) of title 44, United States Code, as added by this 
     title; and

       (ii) include requirements for the timeliness of data 
     production.
       (C) Automation.--The Director, in coordination with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall promote, as feasible, the use of automation and 
     machine-readable data for data sharing under section 3594(a) 
     of title 44, United States Code, as added by this title.
       (3) Contractor and awardee guidance.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall issue guidance to 
     agencies on how to deconflict, to the greatest extent 
     practicable, existing regulations, policies, and procedures 
     relating to the responsibilities of contractors and awardees 
     established under section 3595 of title 44, United States 
     Code, as added by this title.
       (B) Existing processes.--To the greatest extent 
     practicable, the guidance issued under subparagraph (A) shall 
     allow contractors and awardees to use existing processes for 
     notifying agencies of incidents involving information of the 
     Federal Government.
       (c) Update to the Privacy Act of 1974.--Section 552a(b) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') is amended--
       (1) in paragraph (11), by striking ``or'' at the end;
       (2) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(13) to another agency, to the extent necessary, to 
     assist the recipient agency in responding to an incident (as 
     defined in section 3552 of title 44) or breach (as defined in 
     section 3591 of title 44) or to fulfill the information 
     sharing requirements under section 3594 of title 44.''.

     SEC. 6006. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall issue guidance for 
     agencies on--
       (1) performing the ongoing and continuous agency system 
     risk assessment required under section 3554(a)(1)(A) of title 
     44, United States Code, as amended by this title; and
       (2) establishing a process for securely providing the 
     status of each remedial action for high value assets under 
     section 3554(b)(7) of title 44, United States Code, as 
     amended by this Act, to the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency using 
     automation and machine-readable data, as practicable, which 
     shall include--
       (A) specific guidance for the use of automation and 
     machine-readable data; and
       (B) templates for providing the status of the remedial 
     action.
       (b) Coordination.--The head of each agency shall coordinate 
     with the inspector general of the agency, as applicable, to 
     ensure consistent understanding of agency policies for the 
     purpose of evaluations conducted by the inspector general.

     SEC. 6007. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR 
                   ENTITIES IMPACTED BY INCIDENTS.

       (a) Definitions.--In this section:
       (1) Reporting entity.--The term ``reporting entity'' means 
     private organization or governmental unit that is required by 
     statute or regulation to submit sensitive information to an 
     agency.
       (2) Sensitive information.--The term ``sensitive 
     information'' has the meaning given the term by the Director 
     in guidance issued under subsection (b).
       (b) Guidance on Notification of Reporting Entities.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Director shall develop, in consultation with the National 
     Cyber Director, and issue guidance requiring the head of each 
     agency to notify a reporting entity, and take into 
     consideration the need to coordinate with Sector Risk 
     Management Agencies (as defined in

[[Page S2922]]

     section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 
     650)), as appropriate, of an incident at the agency that is 
     likely to substantially affect--
       (1) the confidentiality or integrity of sensitive 
     information submitted by the reporting entity to the agency 
     pursuant to a statutory or regulatory requirement; or
       (2) any information system (as defined in section 3502 of 
     title 44, United States Code) used in the transmission or 
     storage of the sensitive information described in paragraph 
     (1).

     SEC. 6008. MOBILE SECURITY BRIEFINGS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall provide to the 
     appropriate congressional committees--
       (1) a briefing on the compliance of agencies with the No 
     TikTok on Government Devices Act (44 U.S.C. 3553 note; Public 
     Law 117-328); and
       (2) as a component of the briefing required under paragraph 
     (1), a list of each exception of an agency from the No TikTok 
     on Government Devices Act (44 U.S.C. 3553 note; Public Law 
     117-328), which may include a classified annex.
       (b) Additional Briefing.--Not later than 1 year after the 
     date of the briefing required under subsection (a)(1), the 
     Director shall provide to the appropriate congressional 
     committees--
       (1) a briefing on the compliance of any agency that was not 
     compliant with the No TikTok on Government Devices Act (44 
     U.S.C. 3553 note; Public Law 117-328) at the time of the 
     briefing required under subsection (a)(1); and
       (2) as a component of the briefing required under paragraph 
     (1), an update to the list required under subsection (a)(2).

     SEC. 6009. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE.

       (a) Guidance.--Not later than 2 years after the date of 
     enactment of this Act, the Director, in consultation with the 
     National Cyber Director and the Director of the Cybersecurity 
     and Infrastructure Security Agency, shall update guidance to 
     agencies regarding requirements for logging, log retention, 
     log management, sharing of log data with other appropriate 
     agencies, or any other logging activity determined to be 
     appropriate by the Director.
       (b) National Security Systems.--The Secretary of Defense 
     shall issue guidance that meets or exceeds the standards 
     required in guidance issued under subsection (a) for National 
     Security Systems.

     SEC. 6010. CISA AGENCY LIAISONS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall assign not less than 1 
     cybersecurity professional employed by the Cybersecurity and 
     Infrastructure Security Agency to be the Cybersecurity and 
     Infrastructure Security Agency liaison to the Chief 
     Information Security Officer of each agency.
       (b) Qualifications.--Each liaison assigned under subsection 
     (a) shall have knowledge of--
       (1) cybersecurity threats facing agencies, including any 
     specific threats to the assigned agency;
       (2) risk assessments of agency systems; and
       (3) other Federal cybersecurity initiatives.
       (c) Duties.--The duties of each liaison assigned under 
     subsection (a) shall include--
       (1) providing, as requested, assistance and advice to the 
     agency Chief Information Security Officer;
       (2) supporting, as requested, incident response 
     coordination between the assigned agency and the 
     Cybersecurity and Infrastructure Security Agency;
       (3) becoming familiar with assigned agency systems, 
     processes, and procedures to better facilitate support to the 
     agency; and
       (4) other liaison duties to the assigned agency solely in 
     furtherance of Federal cybersecurity or support to the 
     assigned agency as a Sector Risk Management Agency, as 
     assigned by the Director of the Cybersecurity and 
     Infrastructure Security Agency in consultation with the head 
     of the assigned agency.
       (d) Limitation.--A liaison assigned under subsection (a) 
     shall not be a contractor.
       (e) Multiple Assignments.--One individual liaison may be 
     assigned to multiple agency Chief Information Security 
     Officers under subsection (a).
       (f) Coordination of Activities.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall 
     consult with the Director on the execution of the duties of 
     the Cybersecurity and Infrastructure Security Agency liaisons 
     to ensure that there is no inappropriate duplication of 
     activities among--
       (1) Federal cybersecurity support to agencies of the Office 
     of Management and Budget; and
       (2) the Cybersecurity and Infrastructure Security Agency 
     liaison.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed impact the ability of the Director to support 
     agency implementation of Federal cybersecurity requirements 
     pursuant to subchapter II of chapter 35 of title 44, United 
     States Code, as amended by this Act.

     SEC. 6011. FEDERAL PENETRATION TESTING POLICY.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3559A. Federal penetration testing

       ``(a) Guidance.--The Director, in consultation with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency, shall issue guidance to agencies that--
       ``(1) requires agencies to perform penetration testing on 
     information systems, as appropriate, including on high value 
     assets;
       ``(2) provides policies governing the development of--
       ``(A) rules of engagement for using penetration testing; 
     and
       ``(B) procedures to use the results of penetration testing 
     to improve the cybersecurity and risk management of the 
     agency;
       ``(3) ensures that operational support or a shared service 
     is available; and
       ``(4) in no manner restricts the authority of the Secretary 
     of Homeland Security or the Director of the Cybersecurity and 
     Infrastructure Agency to conduct threat hunting pursuant to 
     section 3553 of title 44, United States Code, or penetration 
     testing under this chapter.
       ``(b) Exception for National Security Systems.--The 
     guidance issued under subsection (a) shall not apply to 
     national security systems.
       ``(c) Delegation of Authority for Certain Systems.--The 
     authorities of the Director described in subsection (a) shall 
     be delegated to--
       ``(1) the Secretary of Defense in the case of a system 
     described in section 3553(e)(2); and
       ``(2) the Director of National Intelligence in the case of 
     a system described in section 3553(e)(3).''.
       (b) Existing Guidance.--
       (1) In general.--Compliance with guidance issued by the 
     Director relating to penetration testing before the date of 
     enactment of this Act shall be deemed to be compliance with 
     section 3559A of title 44, United States Code, as added by 
     this title.
       (2) Immediate new guidance not required.--Nothing in 
     section 3559A of title 44, United States Code, as added by 
     this title, shall be construed to require the Director to 
     issue new guidance to agencies relating to penetration 
     testing before the date described in paragraph (3).
       (3) Guidance updates.--Notwithstanding paragraphs (1) and 
     (2), not later than 2 years after the date of enactment of 
     this Act, the Director shall review and, as appropriate, 
     update existing guidance requiring penetration testing by 
     agencies.
       (c) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559 the following:

``3559A. Federal penetration testing.''.
       (d) Penetration Testing by the Secretary of Homeland 
     Security.--Section 3553(b) of title 44, United States Code, 
     as amended by this title, is further amended by inserting 
     after paragraph (8) the following:
       ``(9) performing penetration testing that may leverage 
     manual expert analysis to identify threats and 
     vulnerabilities within information systems--
       ``(A) without consent or authorization from agencies; and
       ``(B) with prior notification to the head of the agency;''.

     SEC. 6012. VULNERABILITY DISCLOSURE POLICIES.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by inserting after section 3559A, as added 
     by this title, the following:

     ``Sec. 3559B. Federal vulnerability disclosure policies

       ``(a) Purpose; Sense of Congress.--
       ``(1) Purpose.--The purpose of Federal vulnerability 
     disclosure policies is to create a mechanism to enable the 
     public to inform agencies of vulnerabilities in Federal 
     information systems.
       ``(2) Sense of congress.--It is the sense of Congress that, 
     in implementing the requirements of this section, the Federal 
     Government should take appropriate steps to reduce real and 
     perceived burdens in communications between agencies and 
     security researchers.
       ``(b) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' has the meaning 
     given the term in section 3591.
       ``(2) Internet of things.--The term `internet of things' 
     has the meaning given the term in Special Publication 800-213 
     of the National Institute of Standards and Technology, 
     entitled `IoT Device Cybersecurity Guidance for the Federal 
     Government: Establishing IoT Device Cybersecurity 
     Requirements', or any successor document.
       ``(3) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).
       ``(4) Submitter.--The term `submitter' means an individual 
     that submits a vulnerability disclosure report pursuant to 
     the vulnerability disclosure process of an agency.
       ``(5) Vulnerability disclosure report.--The term 
     `vulnerability disclosure report' means a disclosure of a 
     security vulnerability made to an agency by a submitter.
       ``(c) Guidance.--The Director shall issue guidance to 
     agencies that includes--
       ``(1) use of the information system security 
     vulnerabilities disclosure process guidelines established 
     under section 4(a)(1) of the IoT Cybersecurity Improvement 
     Act of 2020 (15 U.S.C. 278g-3b(a)(1));
       ``(2) direction to not recommend or pursue legal action 
     against a submitter or an individual that conducts a security 
     research activity that--

[[Page S2923]]

       ``(A) represents a good faith effort to identify and report 
     security vulnerabilities in information systems; or
       ``(B) otherwise represents a good faith effort to follow 
     the vulnerability disclosure policy of the agency developed 
     under subsection (f)(2);
       ``(3) direction on sharing relevant information in a 
     consistent, automated, and machine readable manner with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency;
       ``(4) the minimum scope of agency systems required to be 
     covered by the vulnerability disclosure policy of an agency 
     required under subsection (f)(2), including exemptions under 
     subsection (g);
       ``(5) requirements for providing information to the 
     submitter of a vulnerability disclosure report on the 
     resolution of the vulnerability disclosure report;
       ``(6) a stipulation that the mere identification by a 
     submitter of a security vulnerability, without a significant 
     compromise of confidentiality, integrity, or availability, 
     does not constitute a major incident; and
       ``(7) the applicability of the guidance to Internet of 
     things devices owned or controlled by an agency.
       ``(d) Consultation.--In developing the guidance required 
     under subsection (c)(3), the Director shall consult with the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency.
       ``(e) Responsibilities of CISA.--The Director of the 
     Cybersecurity and Infrastructure Security Agency shall--
       ``(1) provide support to agencies with respect to the 
     implementation of the requirements of this section;
       ``(2) develop tools, processes, and other mechanisms 
     determined appropriate to offer agencies capabilities to 
     implement the requirements of this section;
       ``(3) upon a request by an agency, assist the agency in the 
     disclosure to vendors of newly identified security 
     vulnerabilities in vendor products and services; and
       ``(4) as appropriate, implement the requirements of this 
     section, in accordance with the authority under section 
     3553(b)(8), as a shared service available to agencies.
       ``(f) Responsibilities of Agencies.--
       ``(1) Public information.--The head of each agency shall 
     make publicly available, with respect to each internet domain 
     under the control of the agency that is not a national 
     security system and to the extent consistent with the 
     security of information systems but with the presumption of 
     disclosure--
       ``(A) an appropriate security contact; and
       ``(B) the component of the agency that is responsible for 
     the internet accessible services offered at the domain.
       ``(2) Vulnerability disclosure policy.--The head of each 
     agency shall develop and make publicly available a 
     vulnerability disclosure policy for the agency, which shall--
       ``(A) describe--
       ``(i) the scope of the systems of the agency included in 
     the vulnerability disclosure policy, including for Internet 
     of things devices owned or controlled by the agency;
       ``(ii) the type of information system testing that is 
     authorized by the agency;
       ``(iii) the type of information system testing that is not 
     authorized by the agency;
       ``(iv) the disclosure policy for a contractor; and
       ``(v) the disclosure policy of the agency for sensitive 
     information;
       ``(B) with respect to a vulnerability disclosure report to 
     an agency, describe--
       ``(i) how the submitter should submit the vulnerability 
     disclosure report; and
       ``(ii) if the report is not anonymous, when the reporter 
     should anticipate an acknowledgment of receipt of the report 
     by the agency;
       ``(C) include any other relevant information; and
       ``(D) be mature in scope and cover every internet 
     accessible information system used or operated by that agency 
     or on behalf of that agency.
       ``(3) Identified security vulnerabilities.--The head of 
     each agency shall--
       ``(A) consider security vulnerabilities reported in 
     accordance with paragraph (2);
       ``(B) commensurate with the risk posed by the security 
     vulnerability, address such security vulnerability using the 
     security vulnerability management process of the agency; and
       ``(C) in accordance with subsection (c)(5), provide 
     information to the submitter of a vulnerability disclosure 
     report.
       ``(g) Exemptions.--
       ``(1) In general.--The Director and the head of each agency 
     shall carry out this section in a manner consistent with the 
     protection of national security information.
       ``(2) Limitation.--The Director and the head of each agency 
     may not publish under subsection (f)(1) or include in a 
     vulnerability disclosure policy under subsection (f)(2) host 
     names, services, information systems, or other information 
     that the Director or the head of an agency, in coordination 
     with the Director and other appropriate heads of agencies, 
     determines would--
       ``(A) disrupt a law enforcement investigation;
       ``(B) endanger national security or intelligence 
     activities; or
       ``(C) impede national defense activities or military 
     operations.
       ``(3) National security systems.--This section shall not 
     apply to national security systems.
       ``(h) Delegation of Authority for Certain Systems.--The 
     authorities of the Director and the Director of the 
     Cybersecurity and Infrastructure Security Agency described in 
     this section shall be delegated--
       ``(1) to the Secretary of Defense in the case of systems 
     described in section 3553(e)(2); and
       ``(2) to the Director of National Intelligence in the case 
     of systems described in section 3553(e)(3).
       ``(i) Revision of Federal Acquisition Regulation.--The 
     Federal Acquisition Regulation shall be revised as necessary 
     to implement the provisions under this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     35 of title 44, United States Code, is amended by adding 
     after the item relating to section 3559A, as added by this 
     title, the following:

``3559B. Federal vulnerability disclosure policies.''.
       (c) Conforming Update and Repeal.--
       (1) Guidelines on the disclosure process for security 
     vulnerabilities relating to information systems, including 
     internet of things devices.--Section 5 of the IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3c) is 
     amended by striking subsections (d) and (e).
       (2) Implementation and contractor compliance.--The IoT 
     Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3a et 
     seq.) is amended--
       (A) by striking section 6 (15 U.S.C. 278g-3d); and
       (B) by striking section 7 (15 U.S.C. 278g-3e).

     SEC. 6013. IMPLEMENTING ZERO TRUST ARCHITECTURE.

       (a) Briefings.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall provide to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Oversight and Accountability 
     and Homeland Security of the House of Representatives a 
     briefing on progress in increasing the internal defenses of 
     agency systems, including--
       (1) shifting away from trusted networks to implement 
     security controls based on a presumption of compromise, 
     including through the transition to zero trust architecture;
       (2) implementing principles of least privilege in 
     administering information security programs;
       (3) limiting the ability of entities that cause incidents 
     to move laterally through or between agency systems;
       (4) identifying incidents quickly;
       (5) isolating and removing unauthorized entities from 
     agency systems as quickly as practicable, accounting for 
     intelligence or law enforcement purposes; and
       (6) otherwise increasing the resource costs for entities 
     that cause incidents to be successful.
       (b) Progress Report.--As a part of each report required to 
     be submitted under section 3553(c) of title 44, United States 
     Code, during the period beginning on the date that is 4 years 
     after the date of enactment of this Act and ending on the 
     date that is 10 years after the date of enactment of this 
     Act, the Director shall include an update on agency 
     implementation of zero trust architecture, which shall 
     include--
       (1) a description of steps agencies have completed, 
     including progress toward achieving any requirements issued 
     by the Director, including the adoption of any models or 
     reference architecture;
       (2) an identification of activities that have not yet been 
     completed and that would have the most immediate security 
     impact; and
       (3) a schedule to implement any planned activities.
       (c) Classified Annex.--Each update required under 
     subsection (b) may include 1 or more annexes that contain 
     classified or other sensitive information, as appropriate.
       (d) National Security Systems.--
       (1) Briefing.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense shall provide 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Accountability of the House of Representatives, the Committee 
     on Armed Services of the Senate, the Committee on Armed 
     Services of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a briefing on the implementation of zero 
     trust architecture with respect to national security systems.
       (2) Progress report.--Not later than the date on which each 
     update is required to be submitted under subsection (b), the 
     Secretary of Defense shall submit to the congressional 
     committees described in paragraph (1) a progress report on 
     the implementation of zero trust architecture with respect to 
     national security systems.

     SEC. 6014. AUTOMATION AND ARTIFICIAL INTELLIGENCE.

       (a) Definition.--In this section, the term ``information 
     system'' has the meaning given the term in section 3502 of 
     title 44, United States Code.
       (b) Use of Artificial Intelligence.--
       (1) In general.--As appropriate, the Director shall issue 
     guidance on the use of artificial intelligence by agencies to 
     improve the cybersecurity of information systems.
       (2) Considerations.--The Director and head of each agency 
     shall consider the use and capabilities of artificial 
     intelligence systems wherever automation is used in 
     furtherance of the cybersecurity of information systems.

[[Page S2924]]

       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter until the date 
     that is 5 years after the date of enactment of this Act, the 
     Director shall submit to the appropriate congressional 
     committees a report on the use of artificial intelligence to 
     further the cybersecurity of information systems.
       (c) Comptroller General Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees a report on the risks to the privacy of 
     individuals and the cybersecurity of information systems 
     associated with the use by Federal agencies of artificial 
     intelligence systems or capabilities.
       (2) Study.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall perform a study, and submit to the Committees on 
     Homeland Security and Governmental Affairs and Commerce, 
     Science, and Transportation of the Senate and the Committees 
     on Oversight and Accountability, Homeland Security, and 
     Science, Space, and Technology of the House of 
     Representatives a report, on the use of automation, including 
     artificial intelligence, and machine-readable data across the 
     Federal Government for cybersecurity purposes, including the 
     automated updating of cybersecurity tools, sensors, or 
     processes employed by agencies under paragraphs (1), (5)(C), 
     and (8)(B) of section 3554(b) of title 44, United States 
     Code, as amended by this title.

     SEC. 6015. EXTENSION OF CHIEF DATA OFFICER COUNCIL.

       Section 3520A(e)(2) of title 44, United States Code, is 
     amended by striking ``upon the expiration of the 2-year 
     period that begins on the date the Comptroller General 
     submits the report under paragraph (1) to Congress'' and 
     inserting ``December 31, 2031''.

     SEC. 6016. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY DASHBOARD.

       (a) Dashboard Required.--Section 424(e) of title 5, United 
     States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C);
       (C) by inserting after subparagraph (A) the following:
       ``(B) that shall include a dashboard of open information 
     security recommendations identified in the independent 
     evaluations required by section 3555(a) of title 44; and''; 
     and
       (2) by adding at the end the following:
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed to require the publication of information 
     that is exempted from disclosure under section 552 of this 
     title.''.

     SEC. 6017. SECURITY OPERATIONS CENTER SHARED SERVICE.

       (a) Briefing.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency shall provide to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security and the Committee on 
     Oversight and Accountability of the House of Representatives 
     a briefing on--
       (1) existing security operations center shared services;
       (2) the capability for such shared service to offer 
     centralized and simultaneous support to multiple agencies;
       (3) the capability for such shared service to integrate 
     with or support agency threat hunting activities authorized 
     under section 3553 of title 44, United States Code, as 
     amended by this title;
       (4) the capability for such shared service to integrate 
     with or support Federal vulnerability management activities; 
     and
       (5) future plans for expansion and maturation of such 
     shared service.
       (b) GAO Report.--Not less than 540 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees a report on Federal cybersecurity security 
     operations centers that--
       (1) identifies Federal agency best practices for efficiency 
     and effectiveness;
       (2) identifies non-Federal best practices used by large 
     entity operations centers and entities providing operation 
     centers as a service; and
       (3) includes recommendations for the Cybersecurity and 
     Infrastructure Security Agency and any other relevant agency 
     to improve the efficiency and effectiveness of security 
     operations centers shared service offerings.

     SEC. 6018. FEDERAL CYBERSECURITY REQUIREMENTS.

       (a) Codifying Federal Cybersecurity Requirements in Title 
     44.--
       (1) Amendment to federal cybersecurity enhancement act of 
     2015.--Section 225 of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1523) is amended by striking 
     subsections (b) and (c).
       (2) Title 44.--Section 3554 of title 44, United States 
     Code, as amended by this title, is further amended by adding 
     at the end the following:
       ``(f) Specific Cybersecurity Requirements at Agencies.--
       ``(1) In general.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of each agency shall--
       ``(A) identify sensitive and mission critical data stored 
     by the agency consistent with the inventory required under 
     section 3505(c);
       ``(B) assess access controls to the data described in 
     subparagraph (A), the need for readily accessible storage of 
     the data, and the need of individuals to access the data;
       ``(C) encrypt or otherwise render indecipherable to 
     unauthorized users the data described in subparagraph (A) 
     that is stored on or transiting agency information systems;
       ``(D) implement a single sign-on trusted identity platform 
     for individuals accessing each public website of the agency 
     that requires user authentication, as developed by the 
     Administrator of General Services in collaboration with the 
     Secretary; and
       ``(E) implement identity management consistent with section 
     504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 
     7464), including multi-factor authentication, for--
       ``(i) remote access to a information system; and
       ``(ii) each user account with elevated privileges on a 
     information system.
       ``(2) Prohibition.--
       ``(A) Definition.--In this paragraph, the term `Internet of 
     things' has the meaning given the term in section 3559B.
       ``(B) Prohibition.--Consistent with policies, standards, 
     guidelines, and directives on information security under this 
     subchapter, and except as provided under paragraph (3), the 
     head of an agency may not procure, obtain, renew a contract 
     to procure or obtain in any amount, notwithstanding section 
     1905 of title 41, United States Code, or use an Internet of 
     things device if the Chief Information Officer of the agency 
     determines during a review required under section 
     11319(b)(1)(C) of title 40 of a contract for an Internet of 
     things device that the use of the device prevents compliance 
     with the standards and guidelines developed under section 4 
     of the IoT Cybersecurity Improvement Act (15 U.S.C. 278g-3b) 
     with respect to the device.
       ``(3) Exception.--The requirements under paragraph (1) 
     shall not apply to a information system for which--
       ``(A) the head of the agency, without delegation, has 
     certified to the Director with particularity that--
       ``(i) operational requirements articulated in the 
     certification and related to the information system would 
     make it excessively burdensome to implement the cybersecurity 
     requirement;
       ``(ii) the cybersecurity requirement is not necessary to 
     secure the information system or agency information stored on 
     or transiting it; and
       ``(iii) the agency has taken all necessary steps to secure 
     the information system and agency information stored on or 
     transiting it; and
       ``(B) the head of the agency has submitted the 
     certification described in subparagraph (A) to the 
     appropriate congressional committees and the authorizing 
     committees of the agency.
       ``(4) Duration of certification.--
       ``(A) In general.--A certification and corresponding 
     exemption of an agency under paragraph (3) shall expire on 
     the date that is 4 years after the date on which the head of 
     the agency submits the certification under paragraph (3)(A).
       ``(B) Renewal.--Upon the expiration of a certification of 
     an agency under paragraph (3), the head of the agency may 
     submit an additional certification in accordance with that 
     paragraph.
       ``(5) Rules of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to alter the authority of the Secretary, the 
     Director, or the Director of the National Institute of 
     Standards and Technology in implementing subchapter II of 
     this title;
       ``(B) to affect the standards or process of the National 
     Institute of Standards and Technology;
       ``(C) to affect the requirement under section 3553(a)(4); 
     or
       ``(D) to discourage continued improvements and advancements 
     in the technology, standards, policies, and guidelines used 
     to promote Federal information security.
       ``(g) Exception.--
       ``(1) Requirements.--The requirements under subsection 
     (f)(1) shall not apply to--
       ``(A) the Department of Defense;
       ``(B) a national security system; or
       ``(C) an element of the intelligence community.
       ``(2) Prohibition.--The prohibition under subsection (f)(2) 
     shall not apply to--
       ``(A) Internet of things devices that are or comprise a 
     national security system;
       ``(B) national security systems; or
       ``(C) a procured Internet of things device described in 
     subsection (f)(2)(B) that the Chief Information Officer of an 
     agency determines is--
       ``(i) necessary for research purposes; or
       ``(ii) secured using alternative and effective methods 
     appropriate to the function of the Internet of things 
     device.''.
       (b) Report on Exemptions.--Section 3554(c)(1) of title 44, 
     United States Code, as amended by this title, is further 
     amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) with respect to any exemption from the requirements 
     of subsection (f)(3) that is effective on the date of 
     submission of the report, the number of information systems 
     that have received an exemption from those requirements.''.

[[Page S2925]]

       (c) Duration of Certification Effective Date.--Paragraph 
     (3) of section 3554(f) of title 44, United States Code, as 
     added by this title, shall take effect on the date that is 1 
     year after the date of enactment of this Act.
       (d) Federal Cybersecurity Enhancement Act of 2015 Update.--
     Section 222(3)(B) of the Federal Cybersecurity Enhancement 
     Act of 2015 (6 U.S.C. 1521(3)(B)) is amended by inserting 
     ``and the Committee on Oversight and Accountability'' before 
     ``of the House of Representatives.''

     SEC. 6019. FEDERAL CHIEF INFORMATION SECURITY OFFICER.

       (a) Amendment.--Chapter 36 of title 44, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 3617. Federal chief information security officer

       ``(a) Establishment.--There is established a Federal Chief 
     Information Security Officer, who shall serve in--
       ``(1) the Office of the Federal Chief Information Officer 
     of the Office of Management and Budget; and
       ``(2) the Office of the National Cyber Director.
       ``(b) Appointment.--The Federal Chief Information Security 
     Officer shall be appointed by the President.
       ``(c) OMB Duties.--The Federal Chief Information Security 
     Officer shall report to the Federal Chief Information Officer 
     and assist the Federal Chief Information Officer in carrying 
     out--
       ``(1) every function under this chapter;
       ``(2) every function assigned to the Director under title 
     II of the E-Government Act of 2002 (44 U.S.C. 3501 note; 
     Public Law 107-347);
       ``(3) other electronic government initiatives consistent 
     with other statutes; and
       ``(4) other Federal cybersecurity initiatives determined by 
     the Federal Chief Information Officer.
       ``(d) Additional Duties.--The Federal Chief Information 
     Security Officer shall--
       ``(1) support the Federal Chief Information Officer in 
     overseeing and implementing Federal cybersecurity under the 
     E-Government Act of 2002 (Public Law 107-347; 116 Stat. 2899) 
     and other relevant statutes in a manner consistent with law; 
     and
       ``(2) perform every function assigned to the Director under 
     sections 1321 through 1328 of title 41, United States Code.
       ``(e) Coordination With ONCD.--The Federal Chief 
     Information Security Officer shall support initiatives 
     determined by the Federal Chief Information Officer necessary 
     to coordinate with the Office of the National Cyber 
     Director.''.
       (b) National Cyber Director Duties.--Section 1752 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (6 U.S.C. 1500) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Senior Federal Cybersecurity Officer.--The Federal 
     Chief Information Security Officer appointed by the President 
     under section 3617 of title 44, United States Code, shall be 
     a senior official within the Office and carry out duties 
     applicable to the protection of information technology (as 
     defined in section 11101 of title 40, United States Code), 
     including initiatives determined by the Director necessary to 
     coordinate with the Office of the Federal Chief Information 
     Officer.''.
       (c) Treatment of Incumbent.--The individual serving as the 
     Federal Chief Information Security Officer appointed by the 
     President as of the date of the enactment of this Act may 
     serve as the Federal Chief Information Security Officer under 
     section 3617 of title 44, United States Code, as added by 
     this title, beginning on the date of enactment of this Act, 
     without need for a further or additional appointment under 
     such section.
       (d) Clerical Amendment.--The table of sections for chapter 
     36 of title 44, United States Code, is amended by adding at 
     the end the following:

``Sec. 3617. Federal chief information security officer''.

     SEC. 6020. RENAMING OFFICE OF THE FEDERAL CHIEF INFORMATION 
                   OFFICER.

       (a) Definitions.--
       (1) In general.--Section 3601 of title 44, United States 
     Code, is amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
       (2) Conforming amendments.--
       (A) Title 10.--Section 2222(i)(6) of title 10, United 
     States Code, is amended by striking ``section 3601(4)'' and 
     inserting ``section 3601''.
       (B) National security act of 1947.--Section 506D(k)(1) of 
     the National Security Act of 1947 (50 U.S.C. 3100(k)(1)) is 
     amended by striking ``section 3601(4)'' and inserting 
     ``section 3601''.
       (b) Office of Electronic Government.--Section 3602 of title 
     44, United States Code, is amended--
       (1) in the heading, by striking ``office of electronic 
     government'' and inserting ``office of the federal chief 
     information officer'';
       (2) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (3) in subsection (b), by striking ``an Administrator'' and 
     inserting ``a Federal Chief Information Officer'';
       (4) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (5) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (6) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer'';
       (7) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the Administrator'' and inserting ``the Federal Chief 
     Information Officer''; and
       (B) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (8) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (c) Chief Information Officers Council.--Section 3603 of 
     title 44, United States Code, is amended--
       (1) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (2) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (3) in subsection (f)--
       (A) in paragraph (3), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''; and
       (B) in paragraph (5), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''.
       (d) E-Government Fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (1) in subsection (a)(2), by striking ``the Administrator 
     of the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (2) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (3) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``the Administrator'' and inserting ``the 
     Federal Chief Information Officer''.
       (e) Program To Encourage Innovative Solutions To Enhance 
     Electronic Government Services and Processes.--Section 3605 
     of title 44, United States Code, is amended--
       (1) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (2) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer''; and
       (ii) by striking ``proposals submitted to the 
     Administrator'' and inserting ``proposals submitted to the 
     Federal Chief Information Officer'';
       (B) in paragraph (2)(B), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''; and
       (C) in paragraph (4), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''.
       (f) E-Government Report.--Section 3606 of title 44, United 
     States Code, is amended in the section heading by striking 
     ``E-Government'' and inserting ``Annual''.
       (g) Treatment of Incumbent.--The individual serving as the 
     Administrator of the Office of Electronic Government under 
     section 3602 of title 44, United States Code, as of the date 
     of the enactment of this Act, may continue to serve as the 
     Federal Chief Information Officer commencing as of that date, 
     without need for a further or additional appointment under 
     such section.
       (h) Technical and Conforming Amendments.--The table of 
     sections for chapter 36 of title 44, United States Code, is 
     amended--
       (1) by striking the item relating to section 3602 and 
     inserting the following:

``3602. Office of the Federal Chief Information Officer.''; and
       (2) in the item relating to section 3606, by striking ``E-
     Government'' and inserting ``Annual''.
       (i) References.--
       (1) Administrator.--Any reference to the Administrator of 
     the Office of Electronic Government in any law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed to be a reference to the Federal Chief 
     Information Officer.
       (2) Office of electronic government.--Any reference to the 
     Office of Electronic Government in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Office of the Federal 
     Chief Information Officer.

     SEC. 6021. RULES OF CONSTRUCTION.

       (a) Agency Actions.--Nothing in this title, or an amendment 
     made by this title, shall be construed to authorize the head 
     of an agency to take an action that is not authorized by this 
     title, an amendment made by this title, or existing law.
       (b) Protection of Rights.--Nothing in this title, or an 
     amendment made by this title, shall be construed to permit 
     the violation of the rights of any individual protected by 
     the

[[Page S2926]]

     Constitution of the United States, including through 
     censorship of speech protected by the Constitution of the 
     United States or unauthorized surveillance.

      TITLE LXI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

               Subtitle A--National Risk Management Cycle

     SEC. 6101. SHORT TITLE.

       This subtitle may be cited as the ``National Risk 
     Management Act of 2023''.

     SEC. 6102. NATIONAL RISK MANAGEMENT CYCLE.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2220F. NATIONAL RISK MANAGEMENT CYCLE.

       ``(a) National Critical Functions Defined.--In this 
     section, the term `national critical functions' means the 
     functions of government and the private sector so vital to 
     the United States that their disruption, corruption, or 
     dysfunction would have a debilitating effect on security, 
     national economic security, national public health or safety, 
     or any combination thereof.
       ``(b) National Risk Management Cycle.--
       ``(1) Risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a recurring process by which to 
     identify and assess risks to critical infrastructure, 
     considering both cyber and physical threats and the 
     associated likelihoods, vulnerabilities, and consequences.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult--
       ``(i) Sector Risk Management Agencies;
       ``(ii) critical infrastructure owners and operators;
       ``(iii) the Assistant to the President for National 
     Security Affairs;
       ``(iv) the Assistant to the President for Homeland 
     Security; and
       ``(v) the National Cyber Director.
       ``(C) Process elements.--The process established under 
     subparagraph (A) shall include elements to--
       ``(i) collect relevant information, collected pursuant to 
     section 2218, from Sector Risk Management Agencies relating 
     to the threats, vulnerabilities, and consequences related to 
     the particular sectors of those Sector Risk Management 
     Agencies;
       ``(ii) allow critical infrastructure owners and operators 
     to submit relevant information to the Secretary for 
     consideration; and
       ``(iii) outline how the Secretary will solicit input from 
     other Federal departments and agencies.
       ``(D) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A), subject to any redactions the 
     Secretary determines are necessary to protect classified or 
     other sensitive information.
       ``(E) Report.--The Secretary shall submit to the President, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report on the risks identified by 
     the process established under subparagraph (A)--
       ``(i) not later than 1 year after the date of enactment of 
     this section; and
       ``(ii) not later than 1 year after the date on which the 
     Secretary submits a periodic evaluation described in section 
     9002(b)(2) of title XC of division H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (6 U.S.C. 652a(b)(2)).
       ``(2) National critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers each report required under 
     paragraph (1), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--Each strategy delivered under subparagraph 
     (A) shall--
       ``(i) prioritize areas of risk to critical infrastructure 
     that would compromise or disrupt national critical functions 
     impacting national security, economic security, or public 
     health and safety;
       ``(ii) assess the implementation of the previous national 
     critical infrastructure resilience strategy, as applicable;
       ``(iii) identify and outline current and proposed national-
     level actions, programs, and efforts, including resource 
     requirements, to be taken to address the risks identified;
       ``(iv) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each; and
       ``(v) request any additional authorities necessary to 
     successfully execute the strategy.
       ``(C) Form.--Each strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers the first strategy 
     required under paragraph (2)(A), and each year thereafter, 
     the Secretary, in coordination with Sector Risk Management 
     Agencies, shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives on--
       ``(A) the national risk management cycle activities 
     undertaken pursuant to the strategy delivered under paragraph 
     (2)(A); and
       ``(B) the amounts and timeline for funding that the 
     Secretary has determined would be necessary to address risks 
     and successfully execute the full range of activities 
     proposed by the strategy delivered under paragraph (2)(A).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2220E the following:

``Sec. 2220F. National risk management cycle.''.

         Subtitle B--Securing Open Source Software Act of 2023

     SEC. 6111. SHORT TITLE.

       This subtitle may be cited as the ``Securing Open Source 
     Software Act of 2023''.

     SEC. 6112. FINDINGS.

       Congress finds that--
       (1) open source software fosters technology development and 
     is an integral part of overall cybersecurity;
       (2) a secure, healthy, vibrant, and resilient open source 
     software ecosystem is crucial for ensuring the national 
     security and economic vitality of the United States;
       (3) open source software is part of the foundation of 
     digital infrastructure that promotes a free and open 
     internet;
       (4) due to both the unique strengths of open source 
     software and inconsistent historical investment in open 
     source software security, there exist unique challenges in 
     securing open source software; and
       (5) the Federal Government should play a supporting role in 
     ensuring the long-term security of open source software.

     SEC. 6113. OPEN SOURCE SOFTWARE SECURITY DUTIES.

       (a) In General.--Title XXII of the Homeland Security Act of 
     2002 (6 U.S.C. 650 et seq.), as amended by section 6102(a), 
     is amended--
       (1) in section 2200 (6 U.S.C. 650)--
       (A) by redesignating paragraphs (22) through (28) as 
     paragraphs (25) through (31), respectively; and
       (B) by inserting after paragraph (21) the following:
       ``(22) Open source software.--The term `open source 
     software' means software for which the human-readable source 
     code is made available to the public for use, study, re-use, 
     modification, enhancement, and re-distribution.
       ``(23) Open source software community.--The term `open 
     source software community' means the community of 
     individuals, foundations, nonprofit organizations, 
     corporations, and other entities that--
       ``(A) develop, contribute to, maintain, and publish open 
     source software; or
       ``(B) otherwise work to ensure the security of the open 
     source software ecosystem.
       ``(24) Open source software component.--The term `open 
     source software component' means an individual repository of 
     open source software that is made available to the public.'';
       (2) in section 2202(c) (6 U.S.C. 652(c))--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) by redesignating paragraph (14) as paragraph (17); and
       (C) by inserting after paragraph (13) the following:
       ``(14) support, including by offering services, the secure 
     usage and deployment of software, including open source 
     software, in the software development lifecycle at Federal 
     agencies in accordance with section 2220G;''; and
       (3) by adding at the end the following:

     ``SEC. 2220G. OPEN SOURCE SOFTWARE SECURITY DUTIES.

       ``(a) Definition.--In this section, the term `software bill 
     of materials' has the meaning given the term in the Minimum 
     Elements for a Software Bill of Materials published by the 
     Department of Commerce, or any superseding definition 
     published by the Agency.
       ``(b) Employment.--The Director shall, to the greatest 
     extent practicable, employ individuals in the Agency who--
       ``(1) have expertise and experience participating in the 
     open source software community; and
       ``(2) perform the duties described in subsection (c).
       ``(c) Duties of the Director.--
       ``(1) In general.--The Director shall--
       ``(A) perform outreach and engagement to bolster the 
     security of open source software;
       ``(B) support Federal efforts to strengthen the security of 
     open source software;
       ``(C) coordinate, as appropriate, with non-Federal entities 
     on efforts to ensure the long-term security of open source 
     software;
       ``(D) serve as a public point of contact regarding the 
     security of open source software for non-Federal entities, 
     including State, local, Tribal, and territorial partners, the 
     private sector, international partners, and the open source 
     software community; and
       ``(E) support Federal and non-Federal supply chain security 
     efforts by encouraging efforts to bolster open source 
     software security, such as--
       ``(i) assisting in coordinated vulnerability disclosures in 
     open source software components pursuant to section 2209(n); 
     and

[[Page S2927]]

       ``(ii) supporting the activities of the Federal Acquisition 
     Security Council.
       ``(2) Assessment of critical open source software 
     components.--
       ``(A) Framework.--Not later than 1 year after the date of 
     enactment of this section, the Director shall publicly 
     publish a framework, incorporating government, industry, and 
     open source software community frameworks and best practices, 
     including those published by the National Institute of 
     Standards and Technology, for assessing the risk of open 
     source software components, including direct and indirect 
     open source software dependencies, which shall incorporate, 
     at a minimum--
       ``(i) the security properties of code in a given open 
     source software component, such as whether the code is 
     written in a memory-safe programming language;
       ``(ii) the security practices of development, build, and 
     release processes of a given open source software component, 
     such as the use of multi-factor authentication by maintainers 
     and cryptographic signing of releases;
       ``(iii) the number and severity of publicly known, 
     unpatched vulnerabilities in a given open source software 
     component;
       ``(iv) the breadth of deployment of a given open source 
     software component;
       ``(v) the level of risk associated with where a given open 
     source software component is integrated or deployed, such as 
     whether the component operates on a network boundary or in a 
     privileged location; and
       ``(vi) the health of the open source software community for 
     a given open source software component, including, where 
     applicable, the level of current and historical investment 
     and maintenance in the open source software component, such 
     as the number and activity of individual maintainers.
       ``(B) Updating framework.--Not less frequently than 
     annually after the date on which the framework is published 
     under subparagraph (A), the Director shall--
       ``(i) determine whether updates are needed to the framework 
     described in subparagraph (A), including the augmentation, 
     addition, or removal of the elements described in clauses (i) 
     through (vi) of such subparagraph; and
       ``(ii) if the Director determines that additional updates 
     are needed under clause (i), make those updates to the 
     framework.
       ``(C) Developing framework.--In developing the framework 
     described in subparagraph (A), the Director shall consult 
     with--
       ``(i) appropriate Federal agencies, including the National 
     Institute of Standards and Technology;
       ``(ii) individuals and nonprofit organizations from the 
     open source software community; and
       ``(iii) private companies from the open source software 
     community.
       ``(D) Usability.--The Director shall ensure, to the 
     greatest extent practicable, that the framework described in 
     subparagraph (A) is usable by the open source software 
     community, including through the consultation described in 
     subparagraph (C).
       ``(E) Federal open source software assessment.--Not later 
     than 1 year after the publication of the framework described 
     in subparagraph (A), and not less frequently than every 2 
     years thereafter, the Director shall, to the greatest extent 
     practicable and using the framework described in subparagraph 
     (A)--
       ``(i) perform an assessment of open source software 
     components used directly or indirectly by Federal agencies 
     based on readily available, and, to the greatest extent 
     practicable, machine readable, information, such as--

       ``(I) software bills of materials that are, at the time of 
     the assessment, made available to the Agency or are otherwise 
     accessible via the internet;
       ``(II) software inventories, available to the Director at 
     the time of the assessment, from the Continuous Diagnostics 
     and Mitigation program of the Agency; and
       ``(III) other publicly available information regarding open 
     source software components; and

       ``(ii) develop 1 or more ranked lists of components 
     described in clause (i) based on the assessment, such as 
     ranked by the criticality, level of risk, or usage of the 
     components, or a combination thereof.
       ``(F) Automation.--The Director shall, to the greatest 
     extent practicable, automate the assessment conducted under 
     subparagraph (E).
       ``(G) Publication.--The Director shall publicly publish and 
     maintain any tools developed to conduct the assessment 
     described in subparagraph (E) as open source software.
       ``(H) Sharing.--
       ``(i) Results.--The Director shall facilitate the sharing 
     of the results of each assessment described in subparagraph 
     (E)(i) with appropriate Federal and non-Federal entities 
     working to support the security of open source software, 
     including by offering means for appropriate Federal and non-
     Federal entities to download the assessment in an automated 
     manner.
       ``(ii) Datasets.--The Director may publicly publish, as 
     appropriate, any datasets or versions of the datasets 
     developed or consolidated as a result of an assessment 
     described in subparagraph (E)(i).
       ``(I) Critical infrastructure assessment study and pilot.--
       ``(i) Study.--Not later than 2 years after the publication 
     of the framework described in subparagraph (A), the Director 
     shall conduct a study regarding the feasibility of the 
     Director conducting the assessment described in subparagraph 
     (E) for critical infrastructure entities.
       ``(ii) Pilot.--

       ``(I) In general.--If the Director determines that the 
     assessment described in clause (i) is feasible, the Director 
     may conduct a pilot assessment on a voluntary basis with 1 or 
     more critical infrastructure sectors, in coordination with 
     the Sector Risk Management Agency and the sector coordinating 
     council of each participating sector.
       ``(II) Termination.--If the Director proceeds with the 
     pilot described in subclause (I), the pilot shall terminate 
     on the date that is 2 years after the date on which the 
     Director begins the pilot.

       ``(iii) Reports.--

       ``(I) Study.--Not later than 180 days after the date on 
     which the Director completes the study conducted under clause 
     (i), the Director shall submit to the appropriate 
     congressional committees a report that--

       ``(aa) summarizes the study; and
       ``(bb) states whether the Director plans to proceed with 
     the pilot described in clause (ii)(I).

       ``(II) Pilot.--If the Director proceeds with the pilot 
     described in clause (ii), not later than 1 year after the 
     date on which the Director begins the pilot, the Director 
     shall submit to the appropriate congressional committees a 
     report that includes--

       ``(aa) a summary of the results of the pilot; and
       ``(bb) a recommendation as to whether the activities 
     carried out under the pilot should be continued after the 
     termination of the pilot described in clause (ii)(II).
       ``(3) Coordination with national cyber director.--The 
     Director shall--
       ``(A) brief the National Cyber Director on the activities 
     described in this subsection; and
       ``(B) coordinate activities with the National Cyber 
     Director, as appropriate.
       ``(4) Reports.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, and every 2 years thereafter, the 
     Director shall submit to the appropriate congressional 
     committees a report that includes--
       ``(i) a summary of the work on open source software 
     security performed by the Director during the period covered 
     by the report, including a list of the Federal and non-
     Federal entities with which the Director interfaced;
       ``(ii) the framework developed under paragraph (2)(A);
       ``(iii) a summary of any updates made to the framework 
     developed under paragraph (2)(A) pursuant to paragraph (2)(B) 
     since the last report submitted under this subparagraph;
       ``(iv) a summary of each assessment conducted pursuant to 
     paragraph (2)(E) since the last report was submitted under 
     this subparagraph;
       ``(v) a summary of changes made to the assessment conducted 
     pursuant to paragraph (2)(E) since the last report submitted 
     under this subparagraph, including overall security trends; 
     and
       ``(vi) a summary of the types of entities with which an 
     assessment conducted pursuant to paragraph (2)(E) since the 
     last reported submitted under this subparagraph was shared 
     pursuant to paragraph (2)(H), including a list of the Federal 
     and non-Federal entities with which the assessment was 
     shared.
       ``(B) Public report.--Not later than 30 days after the date 
     on which the Director submits a report required under 
     subparagraph (A), the Director shall make a version of the 
     report publicly available on the website of the Agency.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     6102(b), is amended by inserting after the item relating to 
     section 2220F the following:

``Sec. 2220G. Open source software security duties.''.

     SEC. 6114. SOFTWARE SECURITY ADVISORY SUBCOMMITTEE.

       Section 2219(d)(1) of the Homeland Security Act of 2002 (6 
     U.S.C. 665e(d)(1)) is amended by adding at the end the 
     following:
       ``(E) Software security, including open source software 
     security.''.

     SEC. 6115. OPEN SOURCE SOFTWARE GUIDANCE.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     the term in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       (2) Covered agency.--The term ``covered agency'' means an 
     agency described in section 901(b) of title 31, United States 
     Code.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552 of 
     title 44, United States Code.
       (5) Open source software; open source software community.--
     The terms ``open source software'' and ``open source software 
     community'' have the meanings given those terms in section 
     2200 of the Homeland Security Act of 2002 (6 U.S.C. 650), as 
     amended by section 6113.
       (b) Guidance.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in coordination with the 
     National Cyber

[[Page S2928]]

     Director, the Director of the Cybersecurity and 
     Infrastructure Security Agency, and the Administrator of 
     General Services, shall issue guidance on the 
     responsibilities of the chief information officer at each 
     covered agency regarding open source software, which shall 
     include--
       (A) how chief information officers at each covered agency 
     should, considering industry and open source software 
     community best practices--
       (i) manage and reduce risks of using open source software; 
     and
       (ii) guide contributing to and releasing open source 
     software;
       (B) how chief information officers should enable, rather 
     than inhibit, the secure usage of open source software at 
     each covered agency;
       (C) any relevant updates to the Memorandum M-16-21 issued 
     by the Office of Management and Budget on August 8, 2016, 
     entitled, ``Federal Source Code Policy: Achieving Efficiency, 
     Transparency, and Innovation through Reusable and Open Source 
     Software''; and
       (D) how covered agencies may contribute publicly to open 
     source software that the covered agency uses, including how 
     chief information officers should encourage those 
     contributions.
       (2) Exemption of national security systems.--The guidance 
     issued under paragraph (1) shall not apply to national 
     security systems.
       (c) Pilot.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the chief information officer of each 
     covered agency selected under paragraph (2), in coordination 
     with the Director, the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall establish a 
     pilot open source function at the covered agency that--
       (A) is modeled after open source program offices, such as 
     those in the private sector, the nonprofit sector, academia, 
     and other non-Federal entities; and
       (B) shall--
       (i) support the secure usage of open source software at the 
     covered agency;
       (ii) develop policies and processes for contributions to 
     and releases of open source software at the covered agency, 
     in consultation, as appropriate, with the offices of general 
     counsel and procurement of the covered agency;
       (iii) interface with the open source software community; 
     and
       (iv) manage and reduce risks of using open source software 
     at the covered agency.
       (2) Selection of pilot agencies.--The Director, in 
     coordination with the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall select not less 
     than 1 and not more than 5 covered agencies to conduct the 
     pilot described in paragraph (1).
       (3) Assessment.--Not later than 1 year after the 
     establishment of the pilot open source functions described in 
     paragraph (1), the Director, in coordination with the 
     National Cyber Director, the Director of the Cybersecurity 
     and Infrastructure Security Agency, and the Administrator of 
     General Services, shall assess whether open source functions 
     should be established at some or all covered agencies, 
     including--
       (A) how to organize those functions within covered 
     agencies, such as the creation of open source program 
     offices; and
       (B) appropriate roles and responsibilities for those 
     functions.
       (4) Guidance.--Notwithstanding the termination of the pilot 
     open source functions under paragraph (5), if the Director 
     determines, based on the assessment described in paragraph 
     (3), that some or all of the open source functions should be 
     established at some or all covered agencies, the Director, in 
     coordination with the National Cyber Director, the Director 
     of the Cybersecurity and Infrastructure Security Agency, and 
     the Administrator of General Services, shall issue guidance 
     on the implementation of those functions.
       (5) Termination.--The pilot open source functions described 
     in paragraph (1) shall terminate not later than 4 years after 
     the establishment of the pilot open source functions.
       (d) Briefing and Report.--The Director shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, brief the appropriate congressional committees on 
     the guidance issued under subsection (b); and
       (2) not later than 540 days after the establishment of the 
     pilot open source functions under subsection (c)(1), submit 
     to the appropriate congressional committees a report on--
       (A) the pilot open source functions; and
       (B) the results of the assessment conducted under 
     subsection (c)(3).
       (e) Duties.--Section 3554(b) of title 44, United States 
     Code, as amended by section 5103, is amended by inserting 
     after paragraph (7) the following:
       ``(8) plans and procedures to ensure the secure usage and 
     development of software, including open source software (as 
     defined in section 2200 of the Homeland Security Act of 2002 
     (6 U.S.C. 650));''.

     SEC. 6116. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed to provide any additional 
     regulatory authority to any Federal agency described therein.

   Subtitle C--Offices of Countering Weapons of Mass Destruction and 
                      Health Security Act of 2023

     SEC. 6121. SHORT TITLE.

       This subtitle may be cited as the ``Offices of Countering 
     Weapons of Mass Destruction and Health Security Act of 
     2023''.

        CHAPTER 1--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

     SEC. 6122. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) Homeland Security Act of 2002.--Title XIX of the 
     Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is 
     amended--
       (1) in section 1901 (6 U.S.C. 591)--
       (A) in subsection (c), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) matters and strategies pertaining to--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats;
       ``(2) coordinating the efforts of the Department to 
     counter--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats; 
     and
       ``(3) enhancing the ability of Federal, State, local, and 
     Tribal partners to prevent, detect, protect against, and 
     mitigate the impacts of terrorist attacks in the United 
     States to counter--
       ``(A) weapons of mass destruction; and
       ``(B) non-medical aspects of use of unauthorized chemical, 
     biological, radiological, and nuclear materials, devices, or 
     agents and other related emerging threats.''; and
       (B) by striking subsection (e);
       (2) by amending section 1921 (6 U.S.C. 591g) to read as 
     follows:

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for--
       ``(1) coordinating the efforts of the Department and with 
     other Federal departments and agencies to counter--
       ``(A) weapons of mass destruction; and
       ``(B) chemical, biological, radiological, nuclear, and 
     other related emerging threats; and
       ``(2) enhancing the ability of Federal, State, local, and 
     Tribal partners to prevent, detect, protect against, and 
     mitigate the impacts of attacks using--
       ``(A) weapons of mass destruction against the United 
     States; or
       ``(B) unauthorized chemical, biological, radiological, 
     nuclear materials, devices, or agents or other related 
     emerging threats against the United States.'';
       (3) in section 1922 (6 U.S.C. 591h)--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b);
       (4) in section 1923 (6 U.S.C. 592)--
       (A) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (B) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Office Responsibilities.--
       ``(1) In general.--For the purposes of coordinating the 
     efforts of the Department to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, the Office shall--
       ``(A) provide expertise and guidance to Department 
     leadership and components on non-medical aspects of chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats, subject to the research, development, testing, and 
     evaluation coordination requirement described in subparagraph 
     (G);
       ``(B) in coordination with the Office for Strategy, Policy, 
     and Plans, lead development of policies and strategies to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats on 
     behalf of the Department;
       ``(C) identify, assess, and prioritize capability gaps 
     relating to the strategic and mission objectives of the 
     Department for weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(D) in coordination with the Office of Intelligence and 
     Analysis, support components of the Department, and Federal, 
     State, local, and Tribal partners by providing intelligence 
     and information analysis and reports on weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats;
       ``(E) in consultation with the Science and Technology 
     Directorate, assess risk to the United States from weapons of 
     mass destruction and chemical, biological, radiological, 
     nuclear, and other related emerging threats;
       ``(F) lead development and prioritization of Department 
     requirements to counter weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, subject to the research, 
     development, testing, and evaluation coordination requirement 
     described in subparagraph (G), which requirements shall be--
       ``(i) developed in coordination with end users; and
       ``(ii) reviewed by the Joint Requirements Council, as 
     directed by the Secretary;
       ``(G) in coordination with the Science and Technology 
     Directorate, direct, fund, and coordinate capability 
     development activities to counter weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats research, development, test, and 
     evaluation matters, including research, development, testing,

[[Page S2929]]

     and evaluation expertise, threat characterization, technology 
     maturation, prototyping, and technology transition;
       ``(H) acquire, procure, and deploy capabilities to counter 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     and serve as the lead advisor of the Department on component 
     acquisition, procurement, and deployment of counter-weapons 
     of mass destruction capabilities;
       ``(I) in coordination with the Office of Health Security, 
     support components of the Department, and Federal, State, 
     local, and Tribal partners on chemical, biological, 
     radiological, nuclear, and other related emerging threats 
     health matters;
       ``(J) provide expertise on weapons of mass destruction and 
     non-medical aspects of chemical, biological, radiological, 
     nuclear, and other related emerging threats to Departmental 
     and Federal partners to support engagements and efforts with 
     international partners subject to the research, development, 
     testing, and evaluation coordination requirement under 
     subparagraph (G); and
       ``(K) carry out any other duties assigned to the Office by 
     the Secretary.
       ``(2) Detection and reporting.--For purposes of the 
     detection and reporting responsibilities of the Office for 
     weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, 
     the Office shall--
       ``(A) in coordination with end users, including State, 
     local, and Tribal partners, as appropriate--
       ``(i) carry out a program to test and evaluate technology, 
     in consultation with the Science and Technology Directorate, 
     to detect and report on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats, in coordination with other Federal 
     agencies, as appropriate, and establish performance metrics 
     to evaluate the effectiveness of individual detectors and 
     detection systems in detecting those weapons of mass 
     destruction or chemical, biological, radiological, nuclear, 
     or other related emerging threats--

       ``(I) under realistic operational and environmental 
     conditions; and
       ``(II) against realistic adversary tactics and 
     countermeasures;

       ``(B) in coordination with end users, conduct, support, 
     coordinate, and encourage a transformational program of 
     research and development to generate and improve technologies 
     to detect, protect against, and report on the illicit entry, 
     transport, assembly, or potential use within the United 
     States of weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats, and coordinate with the Under Secretary for Science 
     and Technology on research and development efforts relevant 
     to the mission of the Office and the Under Secretary for 
     Science and Technology;
       ``(C) before carrying out operational testing under 
     subparagraph (A), develop a testing and evaluation plan that 
     articulates the requirements for the user and describes how 
     these capability needs will be tested in developmental test 
     and evaluation and operational test and evaluation;
       ``(D) as appropriate, develop, acquire, and deploy 
     equipment to detect and report on weapons of mass destruction 
     and chemical, biological, radiological, nuclear, and other 
     related emerging threats in support of Federal, State, local, 
     and Tribal governments;
       ``(E) support and enhance the effective sharing and use of 
     appropriate information on weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats generated by elements of the 
     intelligence community, law enforcement agencies, other 
     Federal agencies, State, local, and Tribal governments, and 
     foreign governments, as well as provide appropriate 
     information to those entities;
       ``(F) consult, as appropriate, with relevant Departmental 
     components and offices, the Department of Health and Human 
     Services, and other Federal partners, on weapons of mass 
     destruction and non-medical aspects of chemical, biological, 
     radiological, nuclear, and other related emerging threats and 
     efforts to mitigate, prepare, and respond to all threats in 
     support of the State, local, and Tribal communities; and
       ``(G) perform other duties as assigned by the Secretary.'';
       (C) in subsection (b), as so redesignated--
       (i) in the subsection heading, by striking ``Mission'' and 
     inserting ``Radiological and Nuclear Responsibilities'';
       (ii) in paragraph (1)--

       (I) by inserting ``deploy,'' after ``acquire,''; and
       (II) by striking ``deployment'' and inserting 
     ``operation'';

       (iii) by striking paragraphs (6) through (10);
       (iv) redesignating paragraphs (11) and (12) as paragraphs 
     (6) and (7), respectively;
       (v) in paragraph (6), as so redesignated--

       (I) by striking subparagraph (B);
       (II) by striking ``activities--'' and all that follows 
     through ``to ensure'' and inserting ``activities to ensure''; 
     and
       (III) by striking ``attacks; and'' and inserting 
     ``attacks;'';

       (vi) in paragraph (7)(C)(v), as so redesignated--

       (I) in the matter preceding subclause (I), by inserting 
     ``except as otherwise provided,'' before ``require''; and
       (II) in subclause (II)--

       (aa) in the matter preceding item (aa), by striking ``death 
     or disability'' and inserting ``death, disability, or a 
     finding of good cause as determined by the Assistant 
     Secretary (including extreme hardship, extreme need, or the 
     needs of the Office) and for which the Assistant Secretary 
     may grant a waiver of the repayment obligation''; and
       (bb) in item (bb), by adding ``and'' at the end;
       (vii) by striking paragraph (13); and
       (viii) by redesignating paragraph (14) as paragraph (8); 
     and
       (D) by inserting after subsection (b), as so redesignated, 
     the following:
       ``(c) Chemical and Biological Responsibilities.--The 
     Office--
       ``(1) shall be responsible for coordinating with other 
     Federal efforts to enhance the ability of Federal, State, 
     local, and Tribal governments to prevent, detect, mitigate, 
     and protect against the importation, possession, storage, 
     transportation, development, or use of unauthorized chemical 
     and biological materials, devices, or agents against the 
     United States; and
       ``(2) shall--
       ``(A) serve as a primary entity responsible for the efforts 
     of the Department to develop, acquire, deploy, and support 
     the operations of a national biological detection system and 
     improve that system over time;
       ``(B) enhance the chemical and biological detection efforts 
     of Federal, State, local, and Tribal governments and provide 
     guidance, tools, and training to help ensure a managed, 
     coordinated response; and
       ``(C) collaborate with the Department of Health and Human 
     Services, the Office of Health Security of the Department, 
     the Defense Advanced Research Projects Agency, the National 
     Aeronautics and Space Administration, and other relevant 
     Federal stakeholders, and receive input from industry, 
     academia, and the national laboratories on chemical and 
     biological surveillance efforts.'';
       (5) in section 1924 (6 U.S.C. 593), by striking ``section 
     11011 of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (5 U.S.C. 3104 note).'' and 
     inserting ``section 4092 of title 10, United States Code, 
     except that the authority shall be limited to facilitate the 
     recruitment of experts in the chemical, biological, 
     radiological, or nuclear specialties.'';
       (6) in section 1927(a)(1)(C) (6 U.S.C. 596a(a)(1)(C))--
       (A) in clause (i), by striking ``required under section 
     1036 of the National Defense Authorization Act for Fiscal 
     Year 2010'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) includes any other information regarding national 
     technical nuclear forensics activities carried out under 
     section 1923.'';
       (7) in section 1928 (6 U.S.C. 596b)--
       (A) in subsection (a), by striking ``high-risk urban 
     areas'' and inserting ``jurisdictions designated under 
     subsection (c)'';
       (B) in subsection (c)(1), by striking ``from among high-
     risk urban areas under section 2003'' and inserting ``based 
     on the capability and capacity of the jurisdiction, as well 
     as the relative threat, vulnerability, and consequences from 
     terrorist attacks and other high-consequence events utilizing 
     nuclear or other radiological materials''; and
       (C) by striking subsection (d) and inserting the following:
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, the Secretary 
     shall submit to the appropriate congressional committees an 
     update on the STC program.''; and
       (8) by inserting after section 1928 (6 U.S.C. 596b) the 
     following:

     ``SEC. 1929. ACCOUNTABILITY.

       ``(a) Departmentwide Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, and every 4 
     years thereafter, the Secretary shall create a Departmentwide 
     strategy and implementation plan to counter weapons of mass 
     destruction and chemical, biological, radiological, nuclear, 
     and other related emerging threats, which should--
       ``(A) have clearly identified authorities, specified roles, 
     objectives, benchmarks, accountability, and timelines;
       ``(B) incorporate the perspectives of non-Federal and 
     private sector partners; and
       ``(C) articulate how the Department will contribute to 
     relevant national-level strategies and work with other 
     Federal agencies.
       ``(2) Consideration.--The Secretary shall appropriately 
     consider weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats when creating the strategy and implementation plan 
     required under paragraph (1).
       ``(3) Report.--The Office shall submit to the appropriate 
     congressional committees a report on the updated 
     Departmentwide strategy and implementation plan required 
     under paragraph (1).
       ``(b) Departmentwide Biodefense Review and Strategy.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Offices of Countering Weapons of Mass 
     Destruction and Health Security Act of 2023, the Secretary, 
     in consultation with appropriate stakeholders representing 
     Federal, State, local,

[[Page S2930]]

     Tribal, academic, private sector, and nongovernmental 
     entities, shall conduct a Departmentwide review of biodefense 
     activities and strategies.
       ``(2) Review.--The review required under paragraph (1) 
     shall--
       ``(A) identify with specificity the biodefense lines of 
     effort of the Department, including biodefense lines of 
     effort relating to biodefense roles, responsibilities, and 
     capabilities of components and offices of the Department;
       ``(B) assess how such components and offices coordinate 
     internally and with public and private partners in the 
     biodefense enterprise;
       ``(C) identify any policy, resource, capability, or other 
     gaps in the Department's ability to assess, prevent, protect 
     against, and respond to biological threats;
       ``(D) identify any organizational changes or reforms 
     necessary for the Department to effectively execute its 
     biodefense mission and role, including with respect to public 
     and private partners in the biodefense enterprise; and
       ``(E) assess the risk of high-risk gain-of-function 
     research to the homeland security of the United States and 
     identify the gaps in the response of the Department to that 
     risk.
       ``(3) Strategy.--Not later than 1 year after completion of 
     the review required under paragraph (1), the Secretary shall 
     issue a biodefense strategy for the Department that--
       ``(A) is informed by such review and is aligned with 
     section 1086 of the National Defense Authorization Act for 
     Fiscal Year 2017 (6 U.S.C. 104; relating to the development 
     of a national biodefense strategy and associated 
     implementation plan, including a review and assessment of 
     biodefense policies, practices, programs, and initiatives) or 
     any successor strategy; and
       ``(B) shall--
       ``(i) describe the biodefense mission and role of the 
     Department, as well as how such mission and role relates to 
     the biodefense lines of effort of the Department;
       ``(ii) clarify, as necessary, biodefense roles, 
     responsibilities, and capabilities of the components and 
     offices of the Department involved in the biodefense lines of 
     effort of the Department;
       ``(iii) establish how biodefense lines of effort of the 
     Department are to be coordinated within the Department;
       ``(iv) establish how the Department engages with public and 
     private partners in the biodefense enterprise, including 
     other Federal agencies, national laboratories and sites, and 
     State, local, and Tribal entities, with specificity regarding 
     the frequency and nature of such engagement by Department 
     components and offices with State, local, and Tribal 
     entities; and
       ``(v) include information relating to--

       ``(I) milestones and performance metrics that are specific 
     to the biodefense mission and role of the Department 
     described in clause (i); and
       ``(II) implementation of any operational changes necessary 
     to carry out clauses (iii) and (iv).

       ``(4) Periodic update.--Beginning not later than 5 years 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), and not 
     less often than once every 5 years thereafter, the Secretary 
     shall review and update, as necessary, such strategy and 
     plans.
       ``(5) Congressional oversight.--Not later than 30 days 
     after the issuance of the biodefense strategy and 
     implementation plans required under paragraph (3), the 
     Secretary shall brief the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     such strategy and plans.
       ``(c) Employee Morale.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the Office 
     shall submit to and brief the appropriate congressional 
     committees on a strategy and plan to continuously improve 
     morale within the Office.
       ``(d) Comptroller General.--Not later than 1 year after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the 
     Comptroller General of the United States shall conduct a 
     review of and brief the appropriate congressional committees 
     on--
       ``(1) the efforts of the Office to prioritize the programs 
     and activities that carry out the mission of the Office, 
     including research and development;
       ``(2) the consistency and effectiveness of stakeholder 
     coordination across the mission of the Office, including 
     operational and support components of the Department and 
     State and local entities; and
       ``(3) the efforts of the Office to manage and coordinate 
     the lifecycle of research and development within the Office 
     and with other components of the Department, including the 
     Science and Technology Directorate.
       ``(e) National Academies of Sciences, Engineering, and 
     Medicine.--
       ``(1) Study.--The Secretary shall enter into an agreement 
     with the National Academies of Sciences, Engineering, and 
     Medicine to conduct a consensus study and report to the 
     Secretary and the appropriate congressional committees on--
       ``(A) the role of the Department in preparing, detecting, 
     and responding to biological and health security threats to 
     the homeland;
       ``(B) recommendations to improve departmental 
     biosurveillance efforts against biological threats, including 
     any relevant biological detection methods and technologies; 
     and
       ``(C) the feasibility of different technological advances 
     for biodetection compared to the cost, risk reduction, and 
     timeliness of those advances.
       ``(2) Briefing.--Not later than 1 year after the date on 
     which the Secretary receives the report required under 
     paragraph (1), the Secretary shall brief the appropriate 
     congressional committees on--
       ``(A) the implementation of the recommendations included in 
     the report; and
       ``(B) the status of biological detection at the Department, 
     and, if applicable, timelines for the transition to updated 
     technology.
       ``(f) Advisory Council.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Offices of Countering Weapons of 
     Mass Destruction and Health Security Act of 2023, the 
     Secretary shall establish an advisory body to advise on the 
     ongoing coordination of the efforts of the Department to 
     counter weapons of mass destruction and chemical, biological, 
     radiological, nuclear, and other related emerging threats, to 
     be known as the Advisory Council for Countering Weapons of 
     Mass Destruction (in this subsection referred to as the 
     `Advisory Council').
       ``(2) Membership.--The members of the Advisory Council 
     shall--
       ``(A) be appointed by the Assistant Secretary; and
       ``(B) to the extent practicable, represent a geographic 
     (including urban and rural) and substantive cross section of 
     officials from State, local, and Tribal governments, 
     academia, the private sector, national laboratories, and 
     nongovernmental organizations, including, as appropriate--
       ``(i) members selected from the emergency management field 
     and emergency response providers;
       ``(ii) State, local, and Tribal government officials;
       ``(iii) experts in the public and private sectors with 
     expertise in chemical, biological, radiological, or nuclear 
     materials, devices, or agents;
       ``(iv) representatives from the national laboratories; and
       ``(v) such other individuals as the Assistant Secretary 
     determines to be appropriate.
       ``(3) Responsibilities.-- The Advisory Council shall--
       ``(A) advise the Assistant Secretary on all aspects of 
     countering weapons of mass destruction and chemical, 
     biological, radiological, nuclear, and other related emerging 
     threats;
       ``(B) incorporate State, local, and Tribal government, 
     national laboratories, and private sector input in the 
     development of the strategy and implementation plan of the 
     Department for countering weapons of mass destruction and 
     chemical, biological, radiological, nuclear, and other 
     related emerging threats; and
       ``(C) provide advice on performance criteria for a national 
     biological detection system and review the testing protocol 
     for biological detection prototypes.
       ``(4) Consultation.--To ensure input from and coordination 
     with State, local, and Tribal governments, the Assistant 
     Secretary shall regularly consult and work with the Advisory 
     Council on the administration of Federal assistance provided 
     by the Department, including with respect to the development 
     of requirements of Office programs, as appropriate.
       ``(5) Voluntary service.--The members of the Advisory 
     Council shall serve on the Advisory Council on a voluntary 
     basis.
       ``(6) FACA.--Chapter 10 of title 5, United States Code, 
     shall not apply to the Advisory Council.
       ``(7) Qualifications.--Each member of the Advisory Council 
     shall--
       ``(A) be impartial in any advice provided to the Advisory 
     Council; and
       ``(B) not seek to advance any political position or 
     predetermined conclusion as a member of the Advisory 
     Council.''.
       (b) Countering Weapons of Mass Destruction Act of 2018.--
     Section 2 of the Countering Weapons of Mass Destruction Act 
     of 2018 (Public Law 115-387; 132 Stat. 5162) is amended--
       (1) in subsection (b)(2) (6 U.S.C. 591 note), by striking 
     ``1927'' and inserting ``1926''; and
       (2) in subsection (g) (6 U.S.C. 591 note)--
       (A) in the matter preceding paragraph (1), by striking 
     ``one year after the date of the enactment of this Act, and 
     annually thereafter,'' and inserting ``June 30 of each 
     year,''; and
       (B) in paragraph (2), by striking ``Security, including 
     research and development activities'' and inserting 
     ``Security''.
       (c) Security and Accountability for Every Port Act of 
     2006.--The Security and Accountability for Every Port Act of 
     2006 (Public Law 109-347; 120 Stat 1884) is amended--
       (1) in section 1(b), by striking the item relating to 
     section 502; and
       (2) by striking section 502 (6 U.S.C. 592a).

     SEC. 6123. RULE OF CONSTRUCTION.

       Nothing in this chapter or the amendments made by this 
     chapter may be construed as modifying any existing authority 
     under any provision of law not expressly amended by this 
     chapter.

[[Page S2931]]

  


                  CHAPTER 2--OFFICE OF HEALTH SECURITY

     SEC. 6124. OFFICE OF HEALTH SECURITY.

       (a) Establishment.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) in section 103 (6 U.S.C. 113)--
       (A) in subsection (a)(2)--
       (i) by striking ``the Assistant Secretary for Health 
     Affairs,''; and
       (ii) by striking ``Affairs, or'' and inserting ``Affairs 
     or''; and
       (B) in subsection (d), by adding at the end the following:
       ``(6) A Chief Medical Officer.'';
       (2) by adding at the end the following:

              ``TITLE XXIII--OFFICE OF HEALTH SECURITY'';

       (3) by redesignating section 1931 (6 U.S.C. 597) as section 
     2301 and transferring such section to appear after the 
     heading for title XXIII, as added by paragraph (2);
       (4) in section 2301, as so redesignated--
       (A) in the section heading, by striking ``chief medical 
     officer'' and inserting ``office of health security'';
       (B) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--There is established in the Department 
     an Office of Health Security.
       ``(b) Head of Office of Health Security.--The Office of 
     Health Security shall be headed by a chief medical officer, 
     who shall--
       ``(1) be the Assistant Secretary for Health Security and 
     the Chief Medical Officer of the Department;
       ``(2) be a licensed physician possessing a demonstrated 
     ability in and knowledge of medicine and public health;
       ``(3) be appointed by the President; and
       ``(4) report directly to the Secretary.'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters'' and inserting 
     ``medical activities of the Department and all workforce-
     focused health and safety activities of the Department'';
       (ii) in paragraph (1), by striking ``, the Administrator of 
     the Federal Emergency Management Agency, the Assistant 
     Secretary, and other Department officials'' and inserting 
     ``and all other Department officials'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (13); and
       (v) by inserting after paragraph (4) the following:
       ``(5) overseeing all medical activities of the Department, 
     including the delivery, advisement, and support of direct 
     patient care and the organization, management, and staffing 
     of component operations that deliver direct patient care;
       ``(6) advising the head of each component of the Department 
     that delivers direct patient care regarding the recruitment 
     and appointment of a component chief medical officer and 
     deputy chief medical officer or the employees who function in 
     the capacity of chief medical officer and deputy chief 
     medical officer;
       ``(7) advising the Secretary and the head of each component 
     of the Department that delivers direct patient care regarding 
     knowledge and skill standards for medical personnel and the 
     assessment of that knowledge and skill;
       ``(8) in coordination with the Chief Privacy Officer of the 
     Department and the Chief Information Officer of the 
     Department, advising the Secretary and the head of each 
     component of the Department that delivers patient care 
     regarding the collection, storage, and oversight of medical 
     records;
       ``(9) with respect to any psychological health counseling 
     or assistance program of the Department, including such a 
     program of a law enforcement, operational, or support 
     component of the Department, advising the head of each such 
     component with such a program regarding--
       ``(A) ensuring such program includes safeguards against 
     adverse actions by such component with respect to any 
     employee solely because the employee identifies a need for 
     psychological health counseling or assistance or receives 
     such assistance;
       ``(B) ensuring such program includes safeguards regarding 
     automatic referrals for employment-related examinations or 
     inquires that are based solely on an employee who self 
     identifies a need for psychological health counseling or 
     assistance or receives such counseling or assistance, except 
     that such safeguards shall not prevent a component referral 
     to evaluate the ability of an employee to meet established 
     medical or psychological standards by such component or to 
     evaluate the national security eligibility of the employee;
       ``(C) increasing the availability and number of local 
     psychological health professionals with experience providing 
     psychological support services to personnel;
       ``(D) establishing a behavioral health curriculum for 
     employees at the beginning of their careers to provide 
     resources early regarding the importance of psychological 
     health;
       ``(E) establishing periodic management training on crisis 
     intervention and such component's psychological health 
     counseling or assistance program;
       ``(F) improving any associated existing employee peer 
     support programs, including by making additional training and 
     resources available for peer support personnel in the 
     workplace across such component;
       ``(G) developing and implementing a voluntary alcohol 
     treatment program that includes a safe harbor for employees 
     who seek treatment;
       ``(H) prioritizing, as appropriate, expertise in the 
     provision of psychological health counseling and assistance 
     for certain populations of the workforce, such as employees 
     serving in positions within law enforcement, to help improve 
     outcomes for those employees receiving that counseling or 
     assistance; and
       ``(I) including, when appropriate, collaborating and 
     partnering with key employee stakeholders and, for those 
     components with employees with an exclusive representative, 
     the exclusive representative with respect to such a program;
       ``(10) in consultation with the Chief Information Officer 
     of the Department--
       ``(A) identifying methods and technologies for managing, 
     updating, and overseeing patient records; and
       ``(B) setting standards for technology used by the 
     components of the Department regarding the collection, 
     storage, and oversight of medical records;
       ``(11) advising the Secretary and the head of each 
     component of the Department that delivers direct patient care 
     regarding contracts for the delivery of direct patient care, 
     other medical services, and medical supplies;
       ``(12) coordinating with--
       ``(A) the Countering Weapons of Mass Destruction Office;
       ``(B) other components of the Department as directed by the 
     Secretary;
       ``(C) Federal agencies, including the Department of 
     Agriculture, the Department of Health and Human Services, the 
     Department of State, and the Department of Transportation;
       ``(D) State, local, and Tribal governments; and
       ``(E) the medical community; and''; and
       (D) by adding at the end the following:
       ``(d) Assistance and Agreements.--The Secretary, acting 
     through the Chief Medical Officer, in support of the medical 
     activities of the Department, may--
       ``(1) provide technical assistance, training, and 
     information to State, local, and Tribal governments and 
     nongovernmental organizations;
       ``(2) enter into agreements with other Federal agencies; 
     and
       ``(3) accept services from personnel of components of the 
     Department and other Federal agencies on a reimbursable or 
     nonreimbursable basis.
       ``(e) Office of Health Security Privacy Officer.--There 
     shall be a Privacy Officer in the Office of Health Security 
     with primary responsibility for privacy policy and compliance 
     within the Office, who shall--
       ``(1) report directly to the Chief Medical Officer; and
       ``(2) ensure privacy protections are integrated into all 
     Office of Health Security activities, subject to the review 
     and approval of the Chief Privacy Officer of the Department 
     to the extent consistent with the authority of the Chief 
     Privacy Officer of the Department under section 222.
       ``(f) Accountability.--
       ``(1) Strategy and implementation plan.--Not later than 180 
     days after the date of enactment of this subsection, and 
     every 4 years thereafter, the Secretary shall create a 
     Departmentwide strategy and implementation plan to address 
     medical activities of, and the workforce health and safety 
     matters under the purview of, the Department.
       ``(2) Briefing.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary shall brief the 
     appropriate congressional committees on the organizational 
     transformations of the Office of Health Security, including 
     how best practices were used in the creation of the Office of 
     Health Security.'';
       (5) by redesignating section 710 (6 U.S.C. 350) as section 
     2302 and transferring such section to appear after section 
     2301, as so redesignated;
       (6) in section 2302, as so redesignated--
       (A) in the section heading, by striking ``medical support'' 
     and inserting ``safety'';
       (B) in subsection (a), by striking ``Under Secretary for 
     Management'' each place that term appears and inserting 
     ``Chief Medical Officer''; and
       (C) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Management, in coordination with the 
     Chief Medical Officer,'' and inserting ``Chief Medical 
     Officer''; and
       (ii) in paragraph (3), by striking ``as deemed appropriate 
     by the Under Secretary,'';
       (7) by redesignating section 528 (6 U.S.C. 321q) as section 
     2303 and transferring such section to appear after section 
     2302, as so redesignated;
       (8) in section 2303, as so redesignated--
       (A) in subsection (a), by striking ``Assistant Secretary 
     for the Countering Weapons of Mass Destruction Office'' and 
     inserting ``Chief Medical Officer''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Homeland Security 
     Presidential Directive 9-Defense of the United States 
     Agriculture and Food'' and inserting ``National Security 
     Memorandum 16--Strengthening the Security and Resilience of 
     the United States Food and Agriculture''; and

[[Page S2932]]

       (ii) in paragraph (6), by inserting ``the Department of 
     Agriculture and other'' before ``appropriate'';
       (9) by redesignating section 1932 (6 U.S.C. 597a) as 
     section 2304 and transferring such section to appear after 
     section 2303, as so redesignated;
       (10) in section 2304(f)(2)(B), as so redesignated, by 
     striking ``Office of the Assistant Secretary for Preparedness 
     and Response'' and inserting ``Administration for Strategic 
     Preparedness and Response''; and
       (11) by inserting after section 2304, as so redesignated, 
     the following:

     ``SEC. 2305. RULES OF CONSTRUCTION.

       ``Nothing in this title shall be construed to--
       ``(1) override or otherwise affect the requirements 
     described in section 888;
       ``(2) require the advice of the Chief Medical Officer on 
     the appointment of Coast Guard officers or the officer from 
     the Public Health Service of the Department of Health and 
     Human Services assigned to the Coast Guard;
       ``(3) provide the Chief Medical Officer with authority to 
     take any action that would diminish the interoperability of 
     the Coast Guard medical system with the medical systems of 
     the other branches of the Armed Forces of the United States; 
     or
       ``(4) affect or diminish the authority of the Secretary of 
     Health and Human Services or to grant to the Chief Medical 
     Officer any authority that is vested in, or delegated to, the 
     Secretary of Health and Human Services.''.
       (b) Transition and Transfers.--
       (1) Transition.--The individual appointed pursuant to 
     section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 
     597) of the Department of Homeland Security, as in effect on 
     the day before the date of enactment of this Act, and serving 
     as the Chief Medical Officer of the Department of Homeland 
     Security on the day before the date of enactment of this Act, 
     shall continue to serve as the Chief Medical Officer of the 
     Department on and after the date of enactment of this Act 
     without the need for reappointment.
       (2) Transfer.--The Secretary of Homeland Security shall 
     transfer to the Chief Medical Officer of the Department of 
     Homeland Security--
       (A) all functions, personnel, budget authority, and assets 
     of the Under Secretary for Management relating to workforce 
     health and safety, as in existence on the day before the date 
     of enactment of this Act;
       (B) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office relating to the Chief Medical Officer, 
     including the Medical Operations Directorate of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the date of enactment of this 
     Act; and
       (C) all functions, personnel, budget authority, and assets 
     of the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office associated with the efforts pertaining to 
     the program coordination activities relating to defending the 
     food, agriculture, and veterinary defenses of the Office, as 
     in existence on the day before the date of enactment of this 
     Act.

     SEC. 6125. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       Title XXIII of the Homeland Security Act of 2002, as added 
     by this chapter, is amended by adding at the end the 
     following:

     ``SEC. 2306. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) Definitions.--In this section:
       ``(1) Health care provider.--The term `health care 
     provider' means an individual who--
       ``(A) is--
       ``(i) an employee of the Department;
       ``(ii) a detailee to the Department from another Federal 
     agency;
       ``(iii) a personal services contractor of the Department; 
     or
       ``(iv) hired under a contract for services with the 
     Department;
       ``(B) performs health care services as part of duties of 
     the individual in that capacity; and
       ``(C) has a current, valid, and unrestricted license or 
     certification--
       ``(i) that is issued by a State; and
       ``(ii) that is for the practice of medicine, osteopathic 
     medicine, dentistry, nursing, emergency medical services, or 
     another health profession.
       ``(2) Medical quality assurance program.--The term `medical 
     quality assurance program' means any activity carried out on 
     or after the date of enactment of this section by the 
     Department to assess the quality of medical care, including 
     activities conducted by individuals, committees, or other 
     review bodies responsible for quality assurance, credentials, 
     infection control, incident reporting, the delivery, 
     advisement, and support of direct patient care and assessment 
     (including treatment procedures, blood, drugs, and 
     therapeutics), medical records, health resources management 
     review, or identification and prevention of medical, mental 
     health, or dental incidents and risks.
       ``(3) Medical quality assurance record of the department.--
     The term `medical quality assurance record of the Department' 
     means the proceedings, records (including patient records 
     that the Department creates and maintains as part of a system 
     of records), minutes, and reports that--
       ``(A) emanate from quality assurance program activities 
     described in paragraph (2); and
       ``(B) are produced or compiled by the Department as part of 
     a medical quality assurance program.
       ``(b) Confidentiality of Records.--A medical quality 
     assurance record of the Department that is created as part of 
     a medical quality assurance program--
       ``(1) is confidential and privileged; and
       ``(2) except as provided in subsection (d), may not be 
     disclosed to any person or entity.
       ``(c) Prohibition on Disclosure and Testimony.--Except as 
     otherwise provided in this section--
       ``(1) no part of any medical quality assurance record of 
     the Department may be subject to discovery or admitted into 
     evidence in any judicial or administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record of the Department or who 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record of the Department may not be 
     permitted or required to testify in any judicial or 
     administrative proceeding with respect to such record or with 
     respect to any finding, recommendation, evaluation, opinion, 
     or action taken by such individual in connection with such 
     record.
       ``(d) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record of the Department may be disclosed, 
     and a person described in subsection (c)(2) may give 
     testimony in connection with the record, only as follows:
       ``(A) To a Federal agency or private organization, if such 
     medical quality assurance record of the Department or 
     testimony is needed by the Federal agency or private 
     organization to--
       ``(i) perform licensing or accreditation functions related 
     to Department health care facilities, a facility affiliated 
     with the Department, or any other location authorized by the 
     Secretary for the performance of health care services; or
       ``(ii) perform monitoring, required by law, of Department 
     health care facilities, a facility affiliated with the 
     Department, or any other location authorized by the Secretary 
     for the performance of health care services.
       ``(B) To an administrative or judicial proceeding 
     concerning an adverse action related to the credentialing of 
     or health care provided by a present or former health care 
     provider by the Department.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if such 
     medical quality assurance record of the Department or 
     testimony is needed by the board, agency, society, or 
     organization to perform licensing, credentialing, or the 
     monitoring of professional standards with respect to any 
     health care provider who is or was a health care provider for 
     the Department.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if such medical quality 
     assurance record of the Department or testimony is needed by 
     such institution to assess the professional qualifications of 
     any health care provider who is or was a health care provider 
     for the Department and who has applied for or been granted 
     authority or employment to provide health care services in or 
     on behalf of the institution.
       ``(E) To an employee, a detailee, or a contractor of the 
     Department who has a need for such medical quality assurance 
     record of the Department or testimony to perform official 
     duties or duties within the scope of their employment or 
     contract.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of the agency or instrumentality makes a 
     written request that such medical quality assurance record of 
     the Department or testimony be provided for a purpose 
     authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality described in subparagraph (F), but only with 
     respect to the subject of the proceeding.
       ``(2) Personally identifiable information.--
       ``(A) In general.--With the exception of the subject of a 
     quality assurance action, personally identifiable information 
     of any person receiving health care services from the 
     Department or of any other person associated with the 
     Department for purposes of a medical quality assurance 
     program that is disclosed in a medical quality assurance 
     record of the Department shall be deleted from that record 
     before any disclosure of the record is made outside the 
     Department.
       ``(B) Application.--The requirement under subparagraph (A) 
     shall not apply to the release of information that is 
     permissible under section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(e) Disclosure for Certain Purposes.--Nothing in this 
     section shall be construed--
       ``(1) to authorize or require the withholding from any 
     person or entity de-identified aggregate statistical 
     information regarding the results of medical quality 
     assurance programs, under de-identification standards 
     developed by the Secretary in consultation with the Secretary 
     of Health and Human Services, as appropriate, that is 
     released in a manner in accordance with all other applicable 
     legal requirements; or

[[Page S2933]]

       ``(2) to authorize the withholding of any medical quality 
     assurance record of the Department from a committee of either 
     House of Congress, any joint committee of Congress, or the 
     Comptroller General of the United States if the record 
     pertains to any matter within their respective jurisdictions.
       ``(f) Prohibition on Disclosure of Information, Records, or 
     Testimony.--A person or entity having possession of or access 
     to a medical quality assurance record of the Department or 
     testimony described in this section may not disclose the 
     contents of the record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(g) Exemption From Freedom of Information Act.--A medical 
     quality assurance record of the Department shall be exempt 
     from disclosure under section 552(b)(3) of title 5, United 
     States Code.
       ``(h) Limitation on Civil Liability.--A person who 
     participates in the review or creation of, or provides 
     information to a person or body that reviews or creates, a 
     medical quality assurance record of the Department shall not 
     be civilly liable under this section for that participation 
     or for providing that information if the participation or 
     provision of information was--
       ``(1) provided in good faith based on prevailing 
     professional standards at the time the medical quality 
     assurance program activity took place; and
       ``(2) made in accordance with any other applicable legal 
     requirement, including Federal privacy laws and regulations.
       ``(i) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including the medical record of a patient, on the grounds 
     that the information was presented during meetings of a 
     review body that are part of a medical quality assurance 
     program.
       ``(j) Penalty.--Any person who willfully discloses a 
     medical quality assurance record of the Department other than 
     as provided in this section, knowing that the record is a 
     medical quality assurance record of the Department shall be 
     fined not more than $3,000 in the case of a first offense and 
     not more than $20,000 in the case of a subsequent offense.
       ``(k) Relationship to Coast Guard.--The requirements of 
     this section shall not apply to any medical quality assurance 
     record of the Department that is created by or for the Coast 
     Guard as part of a medical quality assurance program.
       ``(l) Continued Protection.--Disclosure under subsection 
     (d) does not permit redisclosure except to the extent the 
     further disclosure is authorized under subsection (d) or is 
     otherwise authorized to be disclosed under this section.
       ``(m) Relationship to Other Law.--This section shall 
     continue in force and effect, except as otherwise 
     specifically provided in any Federal law enacted after the 
     date of enactment of this Act.
       ``(n) Rule of Construction.--Nothing in this section shall 
     be construed to supersede the requirements of--
       ``(1) the Health Insurance Portability and Accountability 
     Act of 1996 (Public Law 104-191; 110 Stat. 1936) and its 
     implementing regulations;
       ``(2) part 1 of subtitle D of title XIII of the Health 
     Information Technology for Economic and Clinical Health Act 
     (42 U.S.C. 17931 et seq.) and its implementing regulations; 
     or
       ``(3) sections 921 through 926 of the Public Health Service 
     Act (42 U.S.C. 299b-21 through 299b-26) and their 
     implementing regulations.''.

     SEC. 6126. TECHNICAL AND CONFORMING AMENDMENTS.

       The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (1) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135)--
       (A) by striking the items relating to sections 528 and 529 
     and inserting the following:

``Sec. 528. Transfer of equipment during a public health emergency.'';
       (B) by striking the items relating to sections 710, 711, 
     712, and 713 and inserting the following:

``Sec. 710. Employee engagement.
``Sec. 711. Annual employee award program.
``Sec. 712. Acquisition professional career program.'';
       (C) by inserting after the item relating to section 1928 
     the following:

``Sec. 1929. Accountability.'';
       (D) by striking the items relating to subtitle C of title 
     XIX and sections 1931 and 1932; and
       (E) by adding at the end the following:

                ``TITLE XXIII--OFFICE OF HEALTH SECURITY

``Sec. 2301. Office of Health Security.
``Sec. 2302. Workforce health and safety.
``Sec. 2303. Coordination of Department of Homeland Security efforts 
              related to food, agriculture, and veterinary defense 
              against terrorism.
``Sec. 2304. Medical countermeasures.
``Sec. 2305. Rules of construction.
``Sec. 2306. Confidentiality of medical quality assurance records.'';
       (2) by redesignating section 529 (6 U.S.C. 321r) as section 
     528;
       (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by striking 
     ``section 711(a)'' and inserting ``section 710(a))'';
       (4) by redesignating sections 711, 712, and 713 as sections 
     710, 711, and 712, respectively;
       (5) in section subsection (d)(3) of section 1923(d)(3) (6 
     U.S.C. 592), as so redesignated--
       (A) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (B) by striking ``Hawaiian native-serving'' and inserting 
     `` `Native Hawaiian-serving''; and
       (6) by striking the subtitle heading for subtitle C of 
     title XIX.

            Subtitle D--National Cybersecurity Awareness Act

     SEC. 6131. SHORT TITLE.

       This subtitle may be cited as the ``National Cybersecurity 
     Awareness Act''.

     SEC. 6132. FINDINGS.

       Congress finds the following:
       (1) The presence of ubiquitous internet-connected devices 
     in the everyday lives of citizens of the United States has 
     created opportunities for constant connection and 
     modernization.
       (2) A connected society is subject to cybersecurity threats 
     that can compromise even the most personal and sensitive of 
     information.
       (3) Connected critical infrastructure is subject to 
     cybersecurity threats that can compromise fundamental 
     economic, health, and safety functions.
       (4) The Government of the United States plays an important 
     role in safeguarding the nation from malicious cyber 
     activity.
       (5) A citizenry that is knowledgeable regarding 
     cybersecurity is critical to building a robust cybersecurity 
     posture and reducing the threat of cyber attackers stealing 
     sensitive information and causing public harm.
       (6) While Cybersecurity Awareness Month is critical to 
     supporting national cybersecurity awareness, it cannot be a 
     once-a-year activity, and there must be a sustained, constant 
     effort to raise awareness about cyber hygiene, encourage 
     individuals in the United States to learn cyber skills, and 
     communicate the ways that cyber skills and careers in cyber 
     advance individual and societal security, privacy, safety, 
     and well-being.

     SEC. 6133. CYBERSECURITY AWARENESS.

       (a) In General.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by 
     section 6113(a), is amended by adding at the end the 
     following:

     ``SEC. 2220H. CYBERSECURITY AWARENESS CAMPAIGNS.

       ``(a) Definition.--In this section, the term `Campaign 
     Program' means the campaign program established under 
     subsection (b)(1).
       ``(b) Awareness Campaign Program.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of the National Cybersecurity Awareness Act, the 
     Director, in coordination with appropriate Federal agencies, 
     shall establish a program for planning and coordinating 
     Federal cybersecurity awareness campaigns.
       ``(2) Activities.--In carrying out the Campaign Program, 
     the Director shall--
       ``(A) inform non-Federal entities of voluntary cyber 
     hygiene best practices, including information on how to--
       ``(i) prevent cyberattacks; and
       ``(ii) mitigate cybersecurity risks; and
       ``(B) consult with private sector entities, State, local, 
     Tribal, and territorial governments, academia, nonprofit 
     organizations, and civil society--
       ``(i) to promote cyber hygiene best practices and the 
     importance of cyber skills, including by focusing on tactics 
     that are cost effective and result in significant 
     cybersecurity improvement, such as--

       ``(I) maintaining strong passwords and the use of password 
     managers;
       ``(II) enabling multi-factor authentication, including 
     phishing-resistant multi-factor authentication;
       ``(III) regularly installing software updates;
       ``(IV) using caution with email attachments and website 
     links; and
       ``(V) other cyber hygienic considerations, as appropriate;

       ``(ii) to promote awareness of cybersecurity risks and 
     mitigation with respect to malicious applications on 
     internet-connected devices, including applications to control 
     those devices or use devices for unauthorized surveillance of 
     users;
       ``(iii) to help consumers identify products that are 
     designed to support user and product security, such as 
     products designed using the Secure-by-Design and Secure-by-
     Default principles of the Agency or the Recommended Criteria 
     for Cybersecurity Labeling for Consumer Internet of Things 
     (IoT) Products of the National Institute of Standards and 
     Technology, published February 4, 2022 (or any subsequent 
     version);
       ``(iv) to coordinate with other Federal agencies, as 
     determined appropriate by the Director, to--

       ``(I) develop and promote relevant cybersecurity-related 
     and cyber skills-related awareness activities and resources; 
     and
       ``(II) ensure the Federal Government is coordinated in 
     communicating accurate and timely cybersecurity information;

       ``(v) to expand nontraditional outreach mechanisms to 
     ensure that entities, including low-income and rural 
     communities, small and medium sized businesses and 
     institutions, and State, local, Tribal, and territorial 
     partners, receive cybersecurity awareness outreach in an 
     equitable manner; and
       ``(vi) to encourage participation in cyber workforce 
     development ecosystems and to expand adoption of best 
     practices to grow the national cyber workforce.

[[Page S2934]]

       ``(3) Reporting.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the National Cybersecurity Awareness Act, and 
     annually thereafter, the Director, in consultation with the 
     heads of appropriate Federal agencies, shall submit to the 
     appropriate congressional committees a report regarding the 
     Campaign Program.
       ``(B) Contents.--Each report submitted pursuant to 
     subparagraph (A) shall include--
       ``(i) a summary of the activities of the Agency that 
     support promoting cybersecurity awareness under the Campaign 
     Program, including consultations made under paragraph (2)(B);
       ``(ii) an assessment of the effectiveness of techniques and 
     methods used to promote national cybersecurity awareness 
     under the Campaign Program; and
       ``(iii) recommendations on how to best promote 
     cybersecurity awareness nationally.
       ``(c) Cybersecurity Campaign Resources.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the National Cybersecurity Awareness Act, the 
     Director shall develop and maintain a repository for the 
     resources, tools, and public communications of the Agency 
     that promote cybersecurity awareness.
       ``(2) Requirements.--The resources described in paragraph 
     (1) shall be--
       ``(A) made publicly available online; and
       ``(B) regularly updated to ensure the public has access to 
     relevant and timely cybersecurity awareness information.''.
       (b) Responsibilities of the Cybersecurity and 
     Infrastructure Security Agency.--Section 2202(c) of the 
     Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
       (1) in paragraph (13), by striking ``; and'' and inserting 
     a semicolon;
       (2) by redesignating paragraph (14) as paragraph (16); and
       (3) by inserting after paragraph (13) the following:
       ``(14) lead and coordinate Federal efforts to promote 
     national cybersecurity awareness;''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 6113(b), is 
     amended by inserting after the item relating to section 2220G 
     the following:

``Sec. 2220H. Cybersecurity awareness campaigns.''.

        Subtitle E--DHS International Cyber Partner Act of 2023

     SEC. 6141. SHORT TITLE.

       This subtitle may be cited as the ``DHS International Cyber 
     Partner Act of 2023''.

     SEC. 6142. PURPOSE.

       The purposes of this subtitle are to--
       (1) authorize the Secretary of Homeland Security to assign 
     personnel to foreign locations to support the missions of the 
     Department of Homeland Security; and
       (2) provide assistance and expertise to foreign 
     governments, international organizations, and international 
     entities on cybersecurity and infrastructure security.

     SEC. 6143. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.

       (a) In General.--Title I of the Homeland Security Act of 
     2002 (6 U.S.C. 111 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 104. INTERNATIONAL ASSIGNMENT AND ASSISTANCE.

       ``(a) International Assignment.--
       ``(1) In general.--The Secretary, with the concurrence of 
     the Secretary of State, may assign personnel of the 
     Department to a duty station that is located outside the 
     United States at which the Secretary determines 
     representation of the Department is necessary to accomplish 
     the cybersecurity and infrastructure security missions of the 
     Department and to carry out duties and activities as assigned 
     by the Secretary.
       ``(2) Concurrence on activities.--The activities of 
     personnel of the Department who are assigned under this 
     subsection shall be--
       ``(A) performed with the concurrence of the chief of 
     mission to the foreign country to which such personnel are 
     assigned; and
       ``(B) consistent with the duties and powers of the 
     Secretary of State and the chief of mission for a foreign 
     country under section 103 of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 
     207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), 
     respectively.
       ``(b) International Support.--
       ``(1) In general.--If the Secretary makes a determination 
     described in paragraph (2), the Secretary, with the 
     concurrence of the Secretary of State, may provide equipment, 
     services, technical assistance, or expertise on 
     cybersecurity, infrastructure security, and resilience to a 
     foreign government, an international organization, or an 
     international entity, with or without reimbursement, 
     including, as appropriate--
       ``(A) cybersecurity and infrastructure security advice, 
     training, capacity development, education, best practices, 
     incident response, threat hunting, and other similar 
     capabilities;
       ``(B) sharing and exchanging cybersecurity and 
     infrastructure security information, including research and 
     development, threat indicators, risk assessments, strategies, 
     and security recommendations;
       ``(C) cybersecurity and infrastructure security test and 
     evaluation support and services;
       ``(D) cybersecurity and infrastructure security research 
     and development support and services; and
       ``(E) any other assistance that the Secretary prescribes.
       ``(2) Determination.--A determination described in this 
     paragraph is a determination by the Secretary that providing 
     equipment, services, technical assistance, or expertise under 
     paragraph (1) would--
       ``(A) further the homeland security interests of the United 
     States; and
       ``(B) enhance the ability of a foreign government, an 
     international organization, or an international entity to 
     work cooperatively with the United States to advance the 
     homeland security interests of the United States.
       ``(3) Limitations.--Any equipment provided under paragraph 
     (1)--
       ``(A) may not include offensive security capabilities; and
       ``(B) shall be limited to enabling defensive cybersecurity 
     and infrastructure security activities by the receiving 
     entity, such as cybersecurity tools or explosive detection 
     and mitigation equipment.
       ``(4) Reimbursement of expenses.--If the Secretary 
     determines that collection of payment is appropriate, the 
     Secretary is authorized to collect payment from the receiving 
     entity for the cost of equipment, services, technical 
     assistance, and expertise provided under paragraph (1) and 
     any accompanying shipping costs.
       ``(5) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any amount collected under paragraph (4)--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the equipment, services, technical 
     assistance, or expertise for which the payment is received; 
     and
       ``(B) shall remain available until expended for the purpose 
     of providing for the security interests of the homeland.
       ``(c) Rule of Construction.--This section shall not be 
     construed to affect, augment, or diminish the authority of 
     the Secretary of State.
       ``(d) Congressional Reporting and Notification.--
       ``(1) Report on assistance.--Not later than 1 year after 
     the date of enactment of the DHS International Cyber Partner 
     Act of 2023, and every year thereafter, the Secretary shall 
     provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     that includes, for each instance in which assistance is 
     provided under subsection (b)--
       ``(A) the foreign government, international organization, 
     or international entity provided the assistance;
       ``(B) the reason for providing the assistance;
       ``(C) the equipment, services, technical assistance, or 
     expertise provided; and
       ``(D) whether the equipment, services, technical 
     assistance, or expertise was provided on a reimbursable or 
     nonreimbursable basis, and the rational for why the 
     assistance was provided with or without reimbursement.
       ``(2) Copies of agreements.--Not later than 30 days after 
     the effective date, under the authority under subsection (b), 
     of a contract, memorandum, or agreement with a foreign 
     government, international organization, or international 
     entity to provide assistance, the Secretary shall provide to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives a copy of the contract, memorandum, 
     or agreement.
       ``(3) Notice on assignments.--Not later than 30 days after 
     assigning personnel to a duty station located outside the 
     United States in accordance with subsection (a)(1), the 
     Secretary shall notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives regarding 
     the assignment.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     196; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 103 the following:

``Sec. 104. International assignment and assistance.''.

     SEC. 6144. CISA ACTIVITIES.

       (a) Director.--Section 2202(c) of the Homeland Security Act 
     of 2002 (6 U.S.C. 652(c)), as amended by section 6133(b), is 
     amended by inserting after paragraph (14) the following:
       ``(15) provide support for the cybersecurity and physical 
     security of critical infrastructure of international partners 
     and allies in furtherance of the homeland security interests 
     of the United States, which may include, consistent with 
     section 104, assigning personnel to a duty station that is 
     located outside the United States and providing equipment, 
     services, technical assistance, or expertise; and''.
       (b) Foreign Locations.--Section 2202(g)(1) of the Homeland 
     Security Act of 2002 (6 U.S.C. 652(g)(1)) is amended by 
     inserting ``, including locations outside the United States'' 
     before the period at the end.
       (c) Cyber Planning.--Section 2216 of the Homeland Security 
     Act of 2002 (6 U.S.C. 665b) is amended--
       (1) in subsection (a), in the first sentence, by inserting 
     ``, including international partners, as appropriate'' after 
     ``for public and private sector entities''; and
       (2) in subsection (c)(2)--
       (A) in subparagraph (E), by striking ``and'' at the end;

[[Page S2935]]

       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following
       ``(G) for planning with international partners, the 
     Department of State.''.

     SEC. 6145. LIMITATIONS.

       Under the authority provided under this subtitle, or an 
     amendment made by this subtitle, the Secretary of Homeland 
     Security may not--
       (1) engage in any activity that would censor a citizen of 
     the United States;
       (2) conduct surveillance of a citizen of the United States; 
     or
       (3) interfere with an election in the United States.

      TITLE LXII--CYBERSECURITY AND DIGITAL IDENTITY VERIFICATION

                Subtitle A--Satellite Cybersecurity Act

     SEC. 6201. SHORT TITLE.

       This subtitle may be cited as the ``Satellite Cybersecurity 
     Act''.

     SEC. 6202. DEFINITIONS.

       In this subtitle:
       (1) Clearinghouse.--The term ``clearinghouse'' means the 
     commercial satellite system cybersecurity clearinghouse 
     required to be developed and maintained under section 
     6204(b)(1).
       (2) Commercial satellite system.--The term ``commercial 
     satellite system''--
       (A) means a system that--
       (i) is owned or operated by a non-Federal entity based in 
     the United States; and
       (ii) is composed of not less than 1 earth satellite; and
       (B) includes--
       (i) any ground support infrastructure for each satellite in 
     the system; and
       (ii) any transmission link among and between any satellite 
     in the system and any ground support infrastructure in the 
     system.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in subsection 
     (e) of the Critical Infrastructure Protection Act of 2001 (42 
     U.S.C. 5195c).
       (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
     has the meaning given the term in section 2200 of the 
     Homeland Security Act of 2002 (6 U.S.C. 650).
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' has the meaning given the term in section 2200 of 
     the Homeland Security Act of 2002 (6 U.S.C. 650).
       (6) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (7) Sector risk management agency.--The term ``sector risk 
     management agency'' has the meaning given the term ``Sector 
     Risk Management Agency'' in section 2200 of the Homeland 
     Security Act of 2002 (6 U.S.C. 650).

     SEC. 6203. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the actions the Federal Government 
     has taken to support the cybersecurity of commercial 
     satellite systems, including as part of any action to address 
     the cybersecurity of critical infrastructure sectors.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Homeland Security and the Committee on Science, Space, and 
     Technology of the House of Representatives on the study 
     conducted under subsection (a), which shall include 
     information--
       (1) on efforts of the Federal Government, and the 
     effectiveness of those efforts, to--
       (A) address or improve the cybersecurity of commercial 
     satellite systems; and
       (B) support related efforts with international entities or 
     the private sector;
       (2) on the resources made available to the public by 
     Federal agencies to address cybersecurity risks and threats 
     to commercial satellite systems, including resources made 
     available through the clearinghouse;
       (3) on the extent to which commercial satellite systems are 
     reliant on, or relied on by, critical infrastructure;
       (4) that includes an analysis of how commercial satellite 
     systems and the threats to those systems are integrated into 
     Federal and non-Federal critical infrastructure risk analyses 
     and protection plans;
       (5) on the extent to which Federal agencies are reliant on 
     commercial satellite systems and how Federal agencies 
     mitigate cybersecurity risks associated with those systems;
       (6) on the extent to which Federal agencies are reliant on 
     commercial satellite systems that are owned wholly or in part 
     or controlled by foreign entities, or that have 
     infrastructure in foreign countries, and how Federal agencies 
     mitigate associated cybersecurity risks;
       (7) on the extent to which Federal agencies coordinate or 
     duplicate authorities and take other actions focused on the 
     cybersecurity of commercial satellite systems; and
       (8) as determined appropriate by the Comptroller General of 
     the United States, that includes recommendations for further 
     Federal action to support the cybersecurity of commercial 
     satellite systems, including recommendations on information 
     that should be shared through the clearinghouse.
       (c) Consultation.--In carrying out subsections (a) and (b), 
     the Comptroller General of the United States shall coordinate 
     with appropriate Federal agencies and organizations, 
     including--
       (1) the Office of the National Cyber Director;
       (2) the Department of Homeland Security;
       (3) the Department of Commerce;
       (4) the Department of Defense;
       (5) the Department of Transportation;
       (6) the Federal Communications Commission;
       (7) the National Aeronautics and Space Administration;
       (8) the National Executive Committee for Space-Based 
     Positioning, Navigation, and Timing; and
       (9) the National Space Council.
       (d) Briefing.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall provide a briefing to the appropriate 
     congressional committees on the study conducted under 
     subsection (a).
       (e) Classification.--The report made under subsection (b) 
     shall be unclassified but may include a classified annex.

     SEC. 6204. RESPONSIBILITIES OF THE CYBERSECURITY AND 
                   INFRASTRUCTURE SECURITY AGENCY.

       (a) Small Business Concern Defined.--In this section, the 
     term ``small business concern'' has the meaning given the 
     term in section 3 of the Small Business Act (15 U.S.C. 632).
       (b) Establishment of Commercial Satellite System 
     Cybersecurity Clearinghouse.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall develop and 
     maintain a commercial satellite system cybersecurity 
     clearinghouse.
       (2) Requirements.--The clearinghouse--
       (A) shall be publicly available online;
       (B) shall contain publicly available commercial satellite 
     system cybersecurity resources, including the voluntary 
     recommendations consolidated under subsection (c)(1);
       (C) shall contain appropriate materials for reference by 
     entities that develop, operate, or maintain commercial 
     satellite systems;
       (D) shall contain materials specifically aimed at assisting 
     small business concerns with the secure development, 
     operation, and maintenance of commercial satellite systems; 
     and
       (E) may contain controlled unclassified information 
     distributed to commercial entities through a process 
     determined appropriate by the Director.
       (3) Content maintenance.--The Director shall maintain 
     current and relevant cybersecurity information on the 
     clearinghouse.
       (4) Existing platform or website.--To the extent 
     practicable, the Director shall establish and maintain the 
     clearinghouse using an online platform, a website, or a 
     capability in existence as of the date of enactment of this 
     Act.
       (c) Consolidation of Commercial Satellite System 
     Cybersecurity Recommendations.--
       (1) In general.--The Director shall consolidate voluntary 
     cybersecurity recommendations designed to assist in the 
     development, maintenance, and operation of commercial 
     satellite systems.
       (2) Requirements.--The recommendations consolidated under 
     paragraph (1) shall include materials appropriate for a 
     public resource addressing, to the greatest extent 
     practicable, the following:
       (A) Risk-based, cybersecurity-informed engineering, 
     including continuous monitoring and resiliency.
       (B) Planning for retention or recovery of positive control 
     of commercial satellite systems in the event of a 
     cybersecurity incident.
       (C) Protection against unauthorized access to vital 
     commercial satellite system functions.
       (D) Physical protection measures designed to reduce the 
     vulnerabilities of a commercial satellite system's command, 
     control, and telemetry receiver systems.
       (E) Protection against jamming, eavesdropping, hijacking, 
     computer network exploitation, spoofing, threats to optical 
     satellite communications, and electromagnetic pulse.
       (F) Security against threats throughout a commercial 
     satellite system's mission lifetime.
       (G) Management of supply chain risks that affect the 
     cybersecurity of commercial satellite systems.
       (H) Protection against vulnerabilities posed by ownership 
     of commercial satellite systems or commercial satellite 
     system companies by foreign entities.
       (I) Protection against vulnerabilities posed by locating 
     physical infrastructure, such as satellite ground control 
     systems, in foreign countries.
       (J) As appropriate, and as applicable pursuant to the 
     maintenance requirement under subsection (b)(3), relevant 
     findings and recommendations from the study conducted by the 
     Comptroller General of the United States under section 
     6203(a).
       (K) Any other recommendations to ensure the 
     confidentiality, availability, and integrity of data residing 
     on or in transit through commercial satellite systems.
       (d) Implementation.--In implementing this section, the 
     Director shall--
       (1) to the extent practicable, carry out the implementation 
     in partnership with the private sector;
       (2) coordinate with--
       (A) the Office of the National Cyber Director, the National 
     Space Council, and the

[[Page S2936]]

     head of any other agency determined appropriate by the Office 
     of the National Cyber Director or the National Space Council; 
     and
       (B) the heads of appropriate Federal agencies with 
     expertise and experience in satellite operations, including 
     the entities described in section 6203(c), to enable--
       (i) the alignment of Federal efforts on commercial 
     satellite system cybersecurity; and
       (ii) to the extent practicable, consistency in Federal 
     recommendations relating to commercial satellite system 
     cybersecurity; and
       (3) consult with non-Federal entities developing commercial 
     satellite systems or otherwise supporting the cybersecurity 
     of commercial satellite systems, including private, consensus 
     organizations that develop relevant standards.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter until the 
     date that is 9 years after the date of enactment of this Act, 
     the Director shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report summarizing--
       (1) any partnership with the private sector described in 
     subsection (d)(1);
       (2) any consultation with a non-Federal entity described in 
     subsection (d)(3);
       (3) the coordination carried out pursuant to subsection 
     (d)(2);
       (4) the establishment and maintenance of the clearinghouse 
     pursuant to subsection (b);
       (5) the recommendations consolidated pursuant to subsection 
     (c)(1); and
       (6) any feedback received by the Director on the 
     clearinghouse from non-Federal entities.

     SEC. 6205. STRATEGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the National Space Council, jointly with the Office 
     of the National Cyber Director, in coordination with the 
     Director of the Office of Space Commerce and the heads of 
     other relevant agencies, shall submit to the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives a strategy for the activities of Federal 
     agencies to address and improve the cybersecurity of 
     commercial satellite systems, which shall include an 
     identification of--
       (1) proposed roles and responsibilities for relevant 
     agencies; and
       (2) as applicable, the extent to which cybersecurity 
     threats to such systems are addressed in Federal and non-
     Federal critical infrastructure risk analyses and protection 
     plans.

     SEC. 6206. RULES OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to--
       (1) designate commercial satellite systems or other space 
     assets as a critical infrastructure sector; or
       (2) infringe upon or alter the authorities of the agencies 
     described in section 6203(c).

     SEC. 6207. SECTOR RISK MANAGEMENT AGENCY TRANSFER.

       If the President designates an infrastructure sector that 
     includes commercial satellite systems as a critical 
     infrastructure sector pursuant to the process established 
     under section 9002(b)(3) of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (6 
     U.S.C. 652a(b)(3)) and subsequently designates a sector risk 
     management agency for that critical infrastructure sector 
     that is not the Cybersecurity and Infrastructure Security 
     Agency, the President may direct the Director to transfer the 
     authorities of the Director under section 6204 of this 
     subtitle to the head of the designated sector risk management 
     agency.

        Subtitle B--Rural Hospital Cybersecurity Enhancement Act

     SEC. 6211. SHORT TITLE.

       This subtitle may be cited as the ``Rural Hospital 
     Cybersecurity Enhancement Act''.

     SEC. 6212. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (3) Director.--The term ``Director'' means the Director of 
     the Cybersecurity and Infrastructure Security Agency.
       (4) Geographic division.--The term ``geographic division'' 
     means a geographic division that is among the 9 geographic 
     divisions determined by the Bureau of the Census.
       (5) Rural hospital.--The term ``rural hospital'' means a 
     healthcare facility that--
       (A) is located in a non-urbanized area, as determined by 
     the Bureau of the Census; and
       (B) provides inpatient and outpatient healthcare services, 
     including primary care, emergency care, and diagnostic 
     services.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 6213. RURAL HOSPITAL CYBERSECURITY WORKFORCE DEVELOPMENT 
                   STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director, shall develop and transmit to the appropriate 
     committees of Congress a comprehensive rural hospital 
     cybersecurity workforce development strategy to address the 
     growing need for skilled cybersecurity professionals in rural 
     hospitals.
       (b) Consultation.--
       (1) Agencies.--In carrying out subsection (a), the 
     Secretary and Director may consult with the Secretary of 
     Health and Human Services, the Secretary of Education, the 
     Secretary of Labor, and any other appropriate head of an 
     agency.
       (2) Providers.--In carrying out subsection (a), the 
     Secretary shall consult with not less than 2 representatives 
     of rural healthcare providers from each geographic division 
     in the United States.
       (c) Considerations.--The rural hospital cybersecurity 
     workforce development strategy developed under subsection (a) 
     shall, at a minimum, consider the following components:
       (1) Partnerships between rural hospitals, non-rural 
     healthcare systems, educational institutions, private sector 
     entities, and nonprofit organizations to develop, promote, 
     and expand the rural hospital cybersecurity workforce, 
     including through education and training programs tailored to 
     the needs of rural hospitals.
       (2) The development of a cybersecurity curriculum and 
     teaching resources that focus on teaching technical skills 
     and abilities related to cybersecurity in rural hospitals for 
     use in community colleges, vocational schools, and other 
     educational institutions located in rural areas.
       (3) Identification of--
       (A) cybersecurity workforce challenges that are specific to 
     rural hospitals, as well as challenges that are relative to 
     hospitals generally; and
       (B) common practices to mitigate both sets of challenges 
     described in subparagraph (A).
       (4) Recommendations for legislation, rulemaking, or 
     guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy.
       (d) Annual Briefing.--Not later than 60 days after the date 
     on which the first full fiscal year ends following the date 
     on which the Secretary transmits the rural hospital 
     cybersecurity workforce development strategy developed under 
     subsection (a), and not later than 60 days after the date on 
     which each fiscal year thereafter ends, the Secretary shall 
     provide a briefing to the appropriate committees of Congress 
     that includes, at a minimum, information relating to--
       (1) updates to the rural hospital cybersecurity workforce 
     development strategy, as appropriate;
       (2) any programs or initiatives established pursuant to the 
     rural hospital cybersecurity workforce development strategy, 
     as well as the number of individuals trained or educated 
     through such programs or initiatives;
       (3) additional recommendations for legislation, rulemaking, 
     or guidance to implement the components of the rural hospital 
     cybersecurity workforce development strategy; and
       (4) the effectiveness of the rural hospital cybersecurity 
     workforce development strategy in addressing the need for 
     skilled cybersecurity professionals in rural hospitals.

     SEC. 6214. INSTRUCTIONAL MATERIALS FOR RURAL HOSPITALS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall make available 
     instructional materials for rural hospitals that can be used 
     to train staff on fundamental cybersecurity efforts.
       (b) Duties.--In carrying out subsection (a), the Director 
     shall--
       (1) consult with appropriate heads of agencies, experts in 
     cybersecurity education, and rural healthcare experts;
       (2) identify existing cybersecurity instructional materials 
     that can be adapted for use in rural hospitals and create new 
     materials as needed; and
       (3) conduct an awareness campaign to promote the materials 
     available to rural hospitals developed under subsection (a).

     SEC. 6215. NO ADDITIONAL FUNDS.

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

            TITLE LXIII--U.S. CUSTOMS AND BORDER PROTECTION

             Subtitle A--Non-Intrusive Inspection Expansion

     SEC. 6301. SHORT TITLE.

       This subtitle may be cited as the ``Non-Intrusive 
     Inspection Expansion Act''.

     SEC. 6302. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND 
                   PORTS OF ENTRY.

       (a) Fiscal Year 2026.--Using non-intrusive inspection 
     systems acquired through previous appropriations Acts, 
     beginning not later than September 30, 2026, U.S. Customs and 
     Border Protection shall use non-intrusive inspection systems 
     at land ports of entry to scan, cumulatively, at ports of 
     entry where systems are in place by the deadline, not fewer 
     than--
       (1) 40 percent of passenger vehicles entering the United 
     States; and
       (2) 90 percent of commercial vehicles entering the United 
     States.
       (b) Subsequent Fiscal Years.--Beginning in fiscal year 
     2027, U.S. Customs and Border

[[Page S2937]]

     Protection shall use non-intrusive inspection systems at land 
     ports of entry to reach the next projected benchmark for 
     incremental scanning of passenger and commercial vehicles 
     entering the United States at such ports of entry.
       (c) Briefing.--Not later than May 30, 2026, the 
     Commissioner of U.S. Customs and Border Protection shall 
     brief the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives regarding the progress made 
     during the first half of fiscal year 2026 in achieving the 
     scanning benchmarks described in subsection (a).
       (d) Report.--If the scanning benchmarks described in 
     subsection (a) are not met by the end of fiscal year 2026, 
     not later than 120 days after the end of that fiscal year, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that--
       (1) analyzes the causes for not meeting such requirements;
       (2) identifies any resource gaps and challenges; and
       (3) details the steps that will be taken to ensure 
     compliance with such requirements in the subsequent fiscal 
     year.

     SEC. 6303. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND 
                   INSPECTIONS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner of U.S. Customs 
     and Border Protection shall submit a strategy to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives for increasing sustained outbound 
     inspection operations at land ports of entry that includes--
       (1) the number of existing and planned outbound inspection 
     lanes at each port of entry;
       (2) infrastructure limitations that limit the ability of 
     U.S. Customs and Border Protection to deploy non-intrusive 
     inspection systems for outbound inspections;
       (3) the number of additional non-intrusive inspection 
     systems that are necessary to increase scanning capacity for 
     outbound inspections; and
       (4) plans for funding and acquiring the systems described 
     in paragraph (3).
       (b) Implementation.--Beginning not later than September 30, 
     2026, U.S. Customs and Border Protection shall use non-
     intrusive inspection systems at land ports of entry to scan 
     not fewer than 10 percent of all vehicles exiting the United 
     States through land ports of entry.

     SEC. 6304. GAO REVIEW AND REPORT.

       (a) Review.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of the use by U.S. Customs and 
     Border Protection of non-intrusive inspection systems for 
     border security.
       (2) Elements.--The review required under paragraph (1) 
     shall--
       (A) identify--
       (i) the number and types of non-intrusive inspection 
     systems deployed by U.S. Customs and Border Protection; and
       (ii) the locations to which such systems have been 
     deployed; and
       (B) examine the manner in which U.S. Customs and Border 
     Protection--
       (i) assesses the effectiveness of such systems; and
       (ii) uses such systems in conjunction with other border 
     security resources and assets, such as border barriers and 
     technology, to detect and interdict drug smuggling and 
     trafficking at the southwest border of the United States.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives containing the findings of 
     the review conducted pursuant to subsection (a).

  Subtitle B--Enhancing Department of Homeland Security Drug Seizures

     SEC. 6311. SHORT TITLE.

       This subtitle may be cited as the ``Enhancing DHS Drug 
     Seizures Act''.

     SEC. 6312. COORDINATION AND INFORMATION SHARING.

       (a) Public-private Partnerships.--
       (1) Strategy.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall develop a strategy to strengthen existing and establish 
     new public-private partnerships with shipping, chemical, and 
     pharmaceutical industries to assist with early detection and 
     interdiction of illicit drugs and precursor chemicals.
       (2) Contents.--The strategy required under paragraph (1) 
     shall contain goals and objectives for employees of the 
     Department of Homeland Security to ensure the tactics, 
     techniques, and procedures gained from the public-private 
     partnerships described in paragraph (1) are included in 
     policies, best practices, and training for the Department.
       (3) Implementation plan.--Not later than 180 days after 
     developing the strategy required under paragraph (1), the 
     Secretary of Homeland Security shall develop an 
     implementation plan for the strategy, which shall outline 
     departmental lead and support roles, responsibilities, 
     programs, and timelines for accomplishing the goals and 
     objectives of the strategy.
       (4) Briefing.--The Secretary of Homeland Security shall 
     provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in addressing the 
     implementation plan developed pursuant to paragraph (3).
       (b) Assessment of Drug Task Forces.--
       (1) In general.--The Secretary of Homeland Security shall 
     conduct an assessment of the counterdrug task forces in which 
     the Department of Homeland Security, including components of 
     the Department, participates in or leads, which shall 
     include--
       (A) areas of potential overlap;
       (B) opportunities for sharing information and best 
     practices;
       (C) how the Department's processes for ensuring 
     accountability and transparency in its vetting and oversight 
     of partner agency task force members align with best 
     practices; and
       (D) corrective action plans for any capability limitations 
     and deficient or negative findings identified in the report 
     for any such task forces led by the Department.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     contains a summary of the results of the assessment conducted 
     pursuant to paragraph (1).
       (3) Corrective action plan.--The Secretary of Homeland 
     Security shall--
       (A) implement the corrective action plans described in 
     paragraph (1)(D) immediately after the submission of the 
     report pursuant to paragraph (2); and
       (B) provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in implementing 
     the corrective action plans.
       (c) Combination of Briefings.--The Secretary of Homeland 
     Security may combine the briefings required under subsections 
     (a)(4) and (b)(3)(B) and provide such combined briefings 
     through fiscal year 2026.

     SEC. 6313. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY 
                   PERSONNEL DEPLOYED ABROAD.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     inserting after section 881 the following:

     ``SEC. 881A. DANGER PAY ALLOWANCE.

       ``(a) Authorization.--An employee of the Department, while 
     stationed in a foreign area, may be granted a danger pay 
     allowance, not to exceed 35 percent of the basic pay of such 
     employee, for any period during which such foreign area 
     experiences a civil insurrection, a civil war, ongoing 
     terrorist acts, or wartime conditions that threaten physical 
     harm or imminent danger to the health or well-being of such 
     employee.
       ``(b) Notice.--Before granting or terminating a danger pay 
     allowance to any employee pursuant to subsection (a), the 
     Secretary, after consultation with the Secretary of State, 
     shall notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives of--
       ``(1) the intent to make such payments and the 
     circumstances justifying such payments; or
       ``(2) the intent to terminate such payments and the 
     circumstances justifying such termination.''.

     SEC. 6314. IMPROVING TRAINING TO FOREIGN-VETTED LAW 
                   ENFORCEMENT OR NATIONAL SECURITY UNITS.

       The Secretary of Homeland Security, or the designee of the 
     Secretary, may waive reimbursement for salary expenses of 
     Department of Homeland Security for personnel providing 
     training to foreign-vetted law enforcement or national 
     security units in accordance with an agreement with the 
     Department of Defense pursuant to section 1535 of title 31, 
     United States Code.

     SEC. 6315. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND 
                   BORDER PROTECTION IN FOREIGN COUNTRIES.

       Section 411(f) of the Homeland Security Act of 2002 (6 
     U.S.C. 211(f)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Permissible activities.--
       ``(A) In general.--Employees of U.S. Customs and Border 
     Protection and other customs officers designated in 
     accordance with the authorities granted to officers and 
     agents of Air and Marine Operations may provide the support 
     described in subparagraph (B) to authorities of the 
     government of a foreign country, including by conducting 
     joint operations with appropriate government officials within 
     the territory of such country, if an arrangement has been 
     entered into between the Government of the United States and 
     the government of such country that permits such support by 
     such employees and officers.
       ``(B) Support described.--The support described in this 
     subparagraph is support for--
       ``(i) the monitoring, locating, tracking, and deterrence 
     of--

[[Page S2938]]

       ``(I) illegal drugs to the United States;
       ``(II) the illicit smuggling of persons and goods into the 
     United States;
       ``(III) terrorist threats to the United States; and
       ``(IV) other threats to the security or economy of the 
     United States;

       ``(ii) emergency humanitarian efforts; and
       ``(iii) law enforcement capacity-building efforts.
       ``(C) Payment of claims.--
       ``(i) In general.--Subject to clauses (ii) and (iv), the 
     Secretary may expend funds that have been appropriated or 
     otherwise made available for the operating expenses of the 
     Department to pay claims for money damages against the United 
     States, in accordance with the first paragraph of section 
     2672 of title 28, United States Code, which arise in a 
     foreign country in connection with U.S. Customs and Border 
     Protection operations in such country.
       ``(ii) Submission deadline.--A claim may be allowed under 
     clause (i) only if it is presented not later than 2 years 
     after it accrues.
       ``(iii) Report.--Not later than 90 days after the date on 
     which the expenditure authority under clause (i) expires 
     pursuant to clause (iv), the Secretary shall submit a report 
     to Congress that describes, for each of the payments made 
     pursuant to clause (i)--

       ``(I) the foreign entity that received such payment;
       ``(II) the amount paid to such foreign entity;
       ``(III) the country in which such foreign entity resides or 
     has its principal place of business; and
       ``(IV) a detailed account of the circumstances justify such 
     payment.

       ``(iv) Sunset.--The expenditure authority under clause (i) 
     shall expire on the date that is 5 years after the date of 
     the enactment of the Enhancing DHS Drug Seizures Act.''.

     SEC. 6316. DRUG SEIZURE DATA IMPROVEMENT.

       (a) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to identify any opportunities for 
     improving drug seizure data collection.
       (b) Elements.--The study required under subsection (a) 
     shall--
       (1) include a survey of the entities that use drug seizure 
     data; and
       (2) address--
       (A) any additional data fields or drug type categories that 
     should be added to U.S. Customs and Border Protection's 
     SEACATS, U.S. Border Patrol's e3 portal, and any other 
     systems deemed appropriate by the Commissioner of U.S. 
     Customs and Border Protection, in accordance with the first 
     recommendation in the Government Accountability Office's 
     report GAO-22-104725, entitled ``Border Security: CBP Could 
     Improve How It Categorizes Drug Seizure Data and Evaluates 
     Training'';
       (B) how all the Department of Homeland Security components 
     that collect drug seizure data can standardize their data 
     collection efforts and deconflict drug seizure reporting;
       (C) how the Department of Homeland Security can better 
     identify, collect, and analyze additional data on precursor 
     chemicals, synthetic drugs, novel psychoactive substances, 
     and analogues that have been seized by U.S. Customs and 
     Border Protection and U.S. Immigration and Customs 
     Enforcement; and
       (D) how the Department of Homeland Security can improve its 
     model of anticipated drug flow into the United States.
       (c) Implementation of Findings.--Following the completion 
     of the study required under subsection (a)--
       (1) the Secretary of Homeland Security, in accordance with 
     the Office of National Drug Control Policy's 2022 National 
     Drug Control Strategy, shall modify Department of Homeland 
     Security drug seizure policies and training programs, as 
     appropriate, consistent with the findings of such study; and
       (2) the Commissioner of U.S. Customs and Border Protection, 
     in consultation with the Director of U.S. Immigration and 
     Customs Enforcement, shall make any necessary updates to 
     relevant systems to include the results of confirmatory drug 
     testing results.

     SEC. 6317. DRUG PERFORMANCE MEASURES.

        Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall develop 
     and implement a plan to ensure that components of the 
     Department of Homeland Security develop and maintain outcome-
     based performance measures that adequately assess the success 
     of drug interdiction efforts and how to utilize the existing 
     drug-related metrics and performance measures to achieve the 
     missions, goals, and targets of the Department.

     SEC. 6318. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       (a) Personnel and Structures.--Title II of the Immigration 
     and Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     inserting after section 274D the following:

     ``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.

       ``(a) In General.--It shall be unlawful to knowingly and 
     without lawful authorization--
       ``(1)(A) destroy or significantly damage any fence, 
     barrier, sensor, camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; or
       ``(B) otherwise construct, excavate, or make any structure 
     intended to defeat, circumvent or evade such a fence, 
     barrier, sensor camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; and
       ``(2) in carrying out an act described in paragraph (1), 
     have the intent to knowingly and willfully--
       ``(A) secure a financial gain;
       ``(B) further the objectives of a criminal organization; 
     and
       ``(C) violate--
       ``(i) section 274(a)(1)(A)(i);
       ``(ii) the customs and trade laws of the United States (as 
     defined in section 2(4) of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (Public Law 114-125));
       ``(iii) any other Federal law relating to transporting 
     controlled substances, agriculture, or monetary instruments 
     into the United States; or
       ``(iv) any Federal law relating to border controls measures 
     of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 5 years, or both.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 274D 
     the following:

``Sec. 274E. Destroying or evading border controls.''.

                       TITLE LXIV--MISCELLANEOUS

  Subtitle A--Government-wide Study Relating to High-security Leased 
                                 Space

     SEC. 6401. GOVERNMENT-WIDE STUDY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Beneficial owner.--
       (A) In general.--The term ``beneficial owner'', with 
     respect to a covered entity, means each natural person who, 
     directly or indirectly, through any contract, arrangement, 
     understanding, relationship, or otherwise--
       (i) exercises substantial control over the covered entity; 
     or
       (ii) owns or controls not less than 25 percent of the 
     ownership interests of, or receives substantial economic 
     benefits from the assets of, the covered entity.
       (B) Exclusions.--The term ``beneficial owner'', with 
     respect to a covered entity, does not include--
       (i) a minor;
       (ii) a person acting as a nominee, intermediary, custodian, 
     or agent on behalf of another person;
       (iii) a person acting solely as an employee of the covered 
     entity and whose control over or economic benefits from the 
     covered entity derives solely from the employment status of 
     the person;
       (iv) a person whose only interest in the covered entity is 
     through a right of inheritance, unless the person also meets 
     the requirements of subparagraph (A); or
       (v) a creditor of the covered entity, unless the creditor 
     also meets the requirements of subparagraph (A).
       (C) Anti-abuse rule.--The exclusions under subparagraph (B) 
     shall not apply if, in the determination of the 
     Administrator, an exclusion is used for the purpose of 
     evading, circumventing, or abusing the requirements of this 
     Act.
       (3) Control.--The term ``control'', with respect to a 
     covered entity, means--
       (A) having the authority or ability to determine how the 
     covered entity is utilized; or
       (B) having some decisionmaking power for the use of the 
     covered entity.
       (4) Covered entity.--The term ``covered entity'' means--
       (A) a person, corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization, or group; or
       (B) any governmental entity or instrumentality of a 
     government.
       (5) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (6) Federal agency.--The term ``Federal agency'' means--
       (A) an Executive agency; and
       (B) any establishment in the legislative or judicial branch 
     of the Federal Government.
       (7) Federal lessee.--
       (A) In general.--The term ``Federal lessee'' means--
       (i) the Administrator;
       (ii) the Architect of the Capitol; and
       (iii) the head of any other Federal agency that has 
     independent statutory leasing authority.
       (B) Exclusions.--The term ``Federal lessee'' does not 
     include--
       (i) the head of an element of the intelligence community; 
     or
       (ii) the Secretary of Defense.
       (8) Federal tenant.--
       (A) In general.--The term ``Federal tenant'' means a 
     Federal agency that is occupying or will occupy a high-
     security leased space for which a lease agreement has been 
     secured on behalf of the Federal agency.
       (B) Exclusion.--The term ``Federal tenant'' does not 
     include an element of the intelligence community.
       (9) Foreign entity.--The term ``foreign entity'' means--
       (A) a corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization,

[[Page S2939]]

     or group that is headquartered in or organized under the laws 
     of--
       (i) a country that is not the United States; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is not located within or a territory of the United 
     States; or
       (B) a government or governmental instrumentality that is 
     not--
       (i) the United States Government; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is located within or a territory of the United States.
       (10) Foreign person.--The term ``foreign person'' means an 
     individual who is not a United States person.
       (11) High-security leased adjacent space.--The term ``high-
     security leased adjacent space'' means a building or office 
     space that shares a boundary with or surrounds a high-
     security leased space.
       (12) High-security leased space.--The term ``high-security 
     leased space'' means a space leased by a Federal lessee 
     that--
       (A) will be occupied by Federal employees for nonmilitary 
     activities; and
       (B) has a facility security level of III, IV, or V, as 
     determined by the Federal tenant in consultation with the 
     Interagency Security Committee, the Secretary of Homeland 
     Security, and the Administrator.
       (13) Highest-level owner.--The term ``highest-level owner'' 
     means an entity that owns or controls--
       (A) an immediate owner of the offeror of a lease for a 
     high-security leased adjacent space; or
       (B) 1 or more entities that control an immediate owner of 
     the offeror of a lease described in subparagraph (A).
       (14) Immediate owner.--The term ``immediate owner'' means 
     an entity, other than the offeror of a lease for a high-
     security leased adjacent space, that has direct control of 
     that offeror, including--
       (A) ownership or interlocking management;
       (B) identity of interests among family members;
       (C) shared facilities and equipment; and
       (D) the common use of employees.
       (15) Intelligence community.--The term ``intelligence 
     community'' has the meaning given the term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (16) Substantial economic benefits.--The term ``substantial 
     economic benefits'', with respect to a natural person 
     described in paragraph (2)(A)(ii), means having an 
     entitlement to the funds or assets of a covered entity that, 
     as a practical matter, enables the person, directly or 
     indirectly, to control, manage, or direct the covered entity.
       (17) United states person.--The term ``United States 
     person'' means an individual who--
       (A) is a citizen of the United States; or
       (B) is an alien lawfully admitted for permanent residence 
     in the United States.
       (b) Government-wide Study.--
       (1) Coordination study.--The Administrator, in coordination 
     with the Director of the Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall carry out a 
     Government-wide study examining options to assist agencies 
     (as defined in section 551 of title 5, United States Code) to 
     produce a security assessment process for high-security 
     leased adjacent space before entering into a lease or 
     novation agreement with a covered entity for the purposes of 
     accommodating a Federal tenant located in a high-security 
     leased space.
       (2) Contents.--The study required under paragraph (1)--
       (A) shall evaluate how to produce a security assessment 
     process that includes a process for assessing the threat 
     level of each occupancy of a high-security leased adjacent 
     space, including through--
       (i) site-visits;
       (ii) interviews; and
       (iii) any other relevant activities determined necessary by 
     the Director of the Federal Protective Service; and
       (B) may include a process for collecting and using 
     information on each immediate owner, highest-level owner, or 
     beneficial owner of a covered entity that seeks to enter into 
     a lease with a Federal lessee for a high-security leased 
     adjacent space, including--
       (i) name;
       (ii) current residential or business street address; and
       (iii) an identifying number or document that verifies 
     identity as a United States person, a foreign person, or a 
     foreign entity.
       (3) Working group.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall establish a working 
     group to assist in the carrying out of the study required 
     under paragraph (1).
       (B) No compensation.--A member of the working group 
     established under subparagraph (A) shall receive no 
     compensation as a result of serving on the working group.
       (C) Sunset.--The working group established under 
     subparagraph (A) shall terminate on the date on which the 
     report required under paragraph (6) is submitted.
       (4) Protection of information.--The Administrator shall 
     ensure that any information collected pursuant to the study 
     required under paragraph (1) shall not be made available to 
     the public.
       (5) Limitation.--Nothing in this subsection requires an 
     entity located in the United States to provide information 
     requested pursuant to the study required under paragraph (1).
       (6) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) the results of the study required under paragraph (1); 
     and
       (B) how all applicable privacy laws and rights relating to 
     the First and Fourth Amendments to the Constitution of the 
     United States would be upheld and followed in--
       (i) the security assessment process described in 
     subparagraph (A) of paragraph (2); and
       (ii) the information collection process described in 
     subparagraph (B) of that paragraph.
       (7) Limitation.--Nothing in this subsection authorizes a 
     Federal entity to mandate information gathering unless 
     specifically authorized by law.
       (8) Prohibition.--No information collected pursuant the 
     security assessment process described in paragraph (2)(A) may 
     be used for law enforcement purposes.
       (9) No additional funding.--No additional funds are 
     authorized to be appropriated to carry out this subsection.

       Subtitle B--Intergovernmental Critical Minerals Task Force

     SEC. 6411. SHORT TITLE.

       This subtitle may be cited as the ``Intergovernmental 
     Critical Minerals Task Force Act''.

     SEC. 6412. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committees on Homeland Security and Governmental 
     Affairs, Energy and Natural Resources, Armed Services, 
     Environment and Public Works, Commerce, Science, and 
     Transportation, and Foreign Relations of the Senate; and
       (B) the Committees on Oversight and Accountability, Natural 
     Resources, Armed Services, and Foreign Affairs of the House 
     of Representatives.
       (2) Covered country.--The term ``covered country'' means--
       (A) a covered nation (as defined in section 4872(d) of 
     title 10, United States Code); and
       (B) any other country determined by the task force to be a 
     geostrategic competitor or adversary of the United States 
     with respect to critical minerals.
       (3) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Task force.--The term ``task force'' means the task 
     force established under section 6414(b).

     SEC. 6413. FINDINGS.

       Congress finds that--
       (1) current supply chains of critical minerals pose a great 
     risk to the homeland and national security of the United 
     States;
       (2) critical minerals contribute to transportation, 
     technology, renewable energy, military equipment and 
     machinery, and other relevant entities crucial for the 
     homeland and national security of the United States;
       (3) in 2022, the United States was 100 percent import 
     reliant for 12 out of 50 critical minerals and more than 50 
     percent import reliant for an additional 31 critical mineral 
     commodities classified as ``critical'' by the United States 
     Geological Survey, and the People's Republic of China was the 
     top producing nation for 30 of those 50 critical minerals;
       (4) companies based in the People's Republic of China that 
     extract rare earth minerals around the world have received 
     hundreds of charges of human rights violations; and
       (5) on March 26, 2014, the World Trade Organization ruled 
     that the export restraints by the People's Republic of China 
     on rare earth metals violated obligations under the protocol 
     of accession to the World Trade Organization, which harmed 
     manufacturers and workers in the United States.

     SEC. 6414. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

       (a) Purposes.--The purposes of the task force are--
       (1) to assess the reliance of the United States on the 
     People's Republic of China, and other covered countries, for 
     critical minerals, and the resulting homeland and national 
     security risks associated with that reliance, at each level 
     of the Federal, State, local, Tribal, and territorial 
     governments;
       (2) to make recommendations to onshore and improve the 
     domestic supply chain for critical minerals; and
       (3) to reduce the reliance of the United States, and 
     partners and allies of the United States, on critical mineral 
     supply chains involving covered countries.

[[Page S2940]]

       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Director shall establish a task 
     force to facilitate cooperation, coordination, and mutual 
     accountability among each level of the Federal Government and 
     State, local, Tribal, and territorial governments on a 
     holistic response to the dependence on covered countries for 
     critical minerals across the United States.
       (c) Composition; Meetings.--
       (1) Appointment.--The Director, in consultation with key 
     intergovernmental, private, and public sector stakeholders, 
     shall appoint to the task force representatives with 
     expertise in critical mineral supply chains from Federal 
     agencies, State, local, Tribal, and territorial governments, 
     including not less than 1 representative from each of--
       (A) the Bureau of Indian Affairs;
       (B) the Bureau of Land Management;
       (C) the Department of Agriculture;
       (D) the Department of Commerce;
       (E) the Department of Defense;
       (F) the Department of Energy;
       (G) the Department of Homeland Security;
       (H) the Department of Housing and Urban Development;
       (I) the Department of the Interior;
       (J) the Department of Labor;
       (K) the Department of State;
       (L) the Department of Transportation;
       (M) the Environmental Protection Agency;
       (N) the General Services Administration;
       (O) the National Science Foundation;
       (P) the United States International Development Finance 
     Corporation;
       (Q) the United States Geological Survey; and
       (R) any other relevant Federal entity, as determined by the 
     Director.
       (2) Consultation.--The task force shall consult individuals 
     with expertise in critical mineral supply chains, individuals 
     from States whose communities, businesses, and industries are 
     involved in aspects of the critical mineral supply chain, 
     including mining and processing operations, and individuals 
     from a diverse and balanced cross-section of--
       (A) intergovernmental consultees, including--
       (i) State governments;
       (ii) local governments;
       (iii) Tribal governments; and
       (iv) territorial governments; and
       (B) other stakeholders, including--
       (i) academic research institutions;
       (ii) corporations;
       (iii) nonprofit organizations;
       (iv) private sector stakeholders;
       (v) trade associations;
       (vi) mining industry stakeholders; and
       (vii) labor representatives.
       (3) Chair.--The Director may serve as chair of the task 
     force, or designate a representative of the task force to 
     serve as chair.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 90 days after the date 
     on which all representatives of the task force have been 
     appointed, the task force shall hold the first meeting of the 
     task force.
       (B) Frequency.--The task force shall meet not less than 
     once every 90 days.
       (d) Duties.--
       (1) In general.--The duties of the task force shall 
     include--
       (A) facilitating cooperation, coordination, and mutual 
     accountability for the Federal Government and State, local, 
     Tribal, and territorial governments to enhance data sharing 
     and transparency in the supply chains for critical minerals 
     in support of the purposes described in subsection (a);
       (B) providing recommendations with respect to--
       (i) research and development into emerging technologies 
     used to expand existing critical mineral supply chains in the 
     United States and to establish secure and reliable critical 
     mineral supply chains to the United States;
       (ii) increasing capacities for mining, processing, 
     refinement, reuse, and recycling of critical minerals in the 
     United States to facilitate the environmentally responsible 
     production of domestic resources to meet national critical 
     mineral needs, in consultation with Tribal and local 
     communities;
       (iii) identifying how statutes, regulations, and policies 
     related to the critical mineral supply chain could be 
     modified to accelerate environmentally responsible domestic 
     production of critical minerals, in consultation with Tribal 
     and local communities;
       (iv) strengthening the domestic workforce to support 
     growing critical mineral supply chains with good-paying, safe 
     jobs in the United States;
       (v) identifying alternative domestic sources to critical 
     minerals that the United States currently relies on the 
     People's Republic of China or other covered countries for 
     mining, processing, refining, and recycling, including the 
     availability, cost, and quality of those domestic 
     alternatives;
       (vi) identifying critical minerals and critical mineral 
     supply chains that the United States can onshore, at a 
     competitive availability, cost, and quality, for those 
     minerals and supply chains that the United States relies on 
     the People's Republic of China or other covered countries to 
     provide; and
       (vii) opportunities for the Federal Government and State, 
     local, Tribal, and territorial governments to mitigate risks 
     to the homeland and national security of the United States 
     with respect to supply chains for critical minerals that the 
     United States currently relies on the People's Republic of 
     China or other covered countries for mining, processing, 
     refining, and recycling;
       (C) prioritizing the recommendations in subparagraph (B), 
     taking into consideration economic costs and focusing on the 
     critical mineral supply chains with vulnerabilities posing 
     the most significant risks to the homeland and national 
     security of the United States;
       (D) establishing specific strategies, to be carried out in 
     coordination with the Secretary of State, to strengthen 
     international partnerships in furtherance of critical 
     minerals supply chain security with international allies and 
     partners, including--
       (i) countries with which the United States has a free trade 
     agreement;
       (ii) countries participating in the Indo-Pacific Economic 
     Framework for Prosperity;
       (iii) countries participating in the Quadrilateral Security 
     Dialogue;
       (iv) countries that are signatories to the Abraham Accords;
       (v) countries designated as eligible sub-Saharan Africa 
     countries under section 104 of the Africa Growth and 
     Opportunity Act (19 U.S.C. 3701 et seq.); and
       (vi) other countries or multilateral partnerships the Task 
     Force determines to be appropriate; and
       (E) other duties, as determined by the Director.
       (2) Report.--The Director shall--
       (A) not later than 2 years after the date of enactment of 
     this Act, submit to the appropriate committees of Congress a 
     report, which shall be submitted in unclassified form, but 
     may include a classified annex, that describes any findings, 
     guidelines, and recommendations created in performing the 
     duties under paragraph (1);
       (B) not later than 120 days after the date on which the 
     Director submits the report under subparagraph (A), publish 
     that report in the Federal Register and on the website of the 
     Office of Management and Budget, except that the Director 
     shall redact information from the report that the Director 
     determines could pose a risk to the homeland and national 
     security of the United States by being publicly available; 
     and
       (C) brief the appropriate committees of Congress twice per 
     year.
       (e) Sunset.--The task force shall terminate on the date 
     that is 90 days after the date on which the task force 
     completes the requirements under subsection (d)(2).
       (f) GAO Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study examining the Federal and State 
     regulatory landscape related to improving domestic supply 
     chains for critical minerals in the United States.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report that describes the results of the study under 
     paragraph (1).

               DIVISION G--COMMITTEE ON FOREIGN RELATIONS

                        TITLE LXX--AUKUS MATTERS

     SEC. 7001. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS partnership.--
       (A) In general.--The term ``AUKUS partnership'' means the 
     enhanced trilateral security partnership between Australia, 
     the United Kingdom, and the United States announced in 
     September 2021.
       (B) Pillars.--The AUKUS partnership includes the following 
     two pillars:
       (i) Pillar One is focused on developing a pathway for 
     Australia to acquire conventionally armed, nuclear-powered 
     submarines.
       (ii) Pillar Two is focused on enhancing trilateral 
     collaboration on advanced defense capabilities, including 
     hypersonic and counter hypersonic capabilities, quantum 
     technologies, undersea technologies, and artificial 
     intelligence.
       (3) Department.--The term ``Department'' means the 
     Department of State.
       (4) International traffic in arms regulations.--The term 
     ``International Traffic in Arms Regulations'' means 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

              Subtitle A--Outlining the AUKUS Partnership

     SEC. 7011. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.

       (a) Statement of Policy.--It is the policy of the United 
     States that--
       (1) the AUKUS partnership is integral to United States 
     national security, increasing United States and allied 
     capability in the undersea domain of the Indo-Pacific, and 
     developing cutting edge military capabilities;
       (2) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia will position the United States and 
     its allies to maintain peace and security in the Indo-
     Pacific;
       (3) the transfer of conventionally armed, nuclear-powered 
     submarines to Australia

[[Page S2941]]

     will be safely implemented with the highest nonproliferation 
     standards in alignment with--
       (A) safeguards established by the International Atomic 
     Energy Agency; and
       (B) the Additional Protocol to the Agreement between 
     Australia and the International Atomic Energy Agency for the 
     application of safeguards in connection with the Treaty on 
     the Non-Proliferation of Nuclear Weapons, signed at Vienna 
     September 23, 1997;
       (4) the United States will enter into a mutual defense 
     agreement with Australia, modeled on the 1958 bilateral 
     mutual defense agreement with the United Kingdom, for the 
     sole purpose of facilitating the transfer of naval nuclear 
     propulsion technology to Australia;
       (5) working with the United Kingdom and Australia to 
     develop and provide joint advanced military capabilities to 
     promote security and stability in the Indo-Pacific will have 
     tangible impacts on United States military effectiveness 
     across the world;
       (6) in order to better facilitate cooperation under Pillar 
     2 of the AUKUS partnership, it is imperative that every 
     effort be made to streamline United States export controls 
     consistent with necessary and reciprocal security safeguards 
     on United States technology at least comparable to those of 
     the United States;
       (7) the trade authorization mechanism for the AUKUS 
     partnership administered by the Department is a critical 
     first step in reimagining the United States export control 
     system to carry out the AUKUS partnership and expedite 
     technology sharing and defense trade among the United States, 
     Australia, and the United Kingdom; and
       (8) the vast majority of United States defense trade with 
     Australia is conducted through the Foreign Military Sales 
     (FMS) process, the preponderance of defense trade with the 
     United Kingdom is conducted through Direct Commercial Sales 
     (DCS), and efforts to streamline United States export 
     controls should focus on both Foreign Military Sales and 
     Direct Commercial Sales.

     SEC. 7012. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE 
                   DEPARTMENT OF STATE.

       (a) In General.--There shall be a Senior Advisor for the 
     AUKUS partnership at the Department, who--
       (1) shall report directly to the Secretary; and
       (2) may not hold another position in the Department 
     concurrently while holding the position of Senior Advisor for 
     the AUKUS partnership.
       (b) Duties.--The Senior Advisor shall--
       (1) be responsible for coordinating efforts related to the 
     AUKUS partnership across the Department, including the 
     bureaus engaged in nonproliferation, defense trade, security 
     assistance, and diplomatic relations in the Indo-Pacific;
       (2) serve as the lead within the Department for 
     implementation of the AUKUS partnership in interagency 
     processes, consulting with counterparts in the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Office of Naval Reactors, and any other relevant 
     agencies;
       (3) lead diplomatic efforts related to the AUKUS 
     partnership with other governments to explain how the 
     partnership will enhance security and stability in the Indo-
     Pacific; and
       (4) consult regularly with the appropriate congressional 
     committees, and keep such committees fully and currently 
     informed, on issues related to the AUKUS partnership, 
     including in relation to the AUKUS Pillar 1 objective of 
     supporting Australia's acquisition of conventionally armed, 
     nuclear-powered submarines and the Pillar 2 objective of 
     jointly developing advanced military capabilities to support 
     security and stability in the Indo-Pacific, as affirmed by 
     the President of the United States, the Prime Minister of the 
     United Kingdom, and the Prime Minister of Australia on April 
     5, 2022.
       (c) Personnel to Support the Senior Advisor.--The Secretary 
     shall ensure that the Senior Advisor is adequately staffed, 
     including through encouraging details, or assignment of 
     employees of the Department, with expertise related to the 
     implementation of the AUKUS partnership, including staff with 
     expertise in--
       (1) nuclear policy, including nonproliferation;
       (2) defense trade and security cooperation, including 
     security assistance; and
       (3) relations with respect to political-military issues in 
     the Indo-Pacific and Europe.
       (d) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, and not later than 90 days 
     after a Senior Advisor assumes such position, the Secretary 
     shall notify the appropriate congressional committees of the 
     number of full-time equivalent positions, relevant expertise, 
     and duties of any employees of the Department or detailees 
     supporting the Senior Advisor.
       (e) Sunset.--
       (1) In general.--The position of the Senior Advisor for the 
     AUKUS partnership shall terminate on the date that is 8 years 
     after the date of the enactment of this Act.
       (2) Renewal.--The Secretary may renew the position of the 
     Senior Advisor for the AUKUS partnership for 1 additional 
     period of 4 years, following notification to the appropriate 
     congressional committees of the renewal.

    Subtitle B--Authorization for Submarine Transfers, Support, and 
                 Infrastructure Improvement Activities

     SEC. 7021. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY ACTIVITIES.

       (a) Authorization to Transfer Submarines.--
       (1) In general.--Subject to paragraphs (3), (4), and (11), 
     the President may, under section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761)--
       (A) transfer not more than two Virginia class submarines 
     from the inventory of the United States Navy to the 
     Government of Australia on a sale basis; and
       (B) transfer not more than one additional Virginia class 
     submarine to the Government of Australia on a sale basis.
       (2) Requirements not applicable.--A sale carried out under 
     paragraph (1)(B) shall not be subject to the requirements 
     of--
       (A) section 36 of the Arms Export Control Act (22 U.S.C. 
     2776); or
       (B) section 8677 of title 10, United States Code.
       (3) Certification; briefing.--
       (A) Presidential certification.--The President may exercise 
     the authority provided by paragraph (1) not earlier than 60 
     days after the date on which the President certifies to the 
     appropriate congressional committees that any submarine 
     transferred under such authority shall be used to support the 
     joint security interests and military operations of the 
     United States and Australia.
       (B) Waiver of chief of naval operations certification.--The 
     requirement for the Chief of Naval Operations to make a 
     certification under section 8678 of title 10, United States 
     Code, shall not apply to a transfer under paragraph (1).
       (C) Briefing.--Not later than 90 days before the sale of 
     any submarine under paragraph (1), the Secretary of the Navy 
     shall provide to the appropriate congressional committees a 
     briefing on--
       (i) the impacts of such sale to the readiness of the 
     submarine fleet of the United States, including with respect 
     to maintenance timelines, deployment-to-dwell ratios, 
     training, exercise participation, and the ability to meet 
     combatant commander requirements;
       (ii) the impacts of such sale to the submarine industrial 
     base of the United States, including with respect to 
     projected maintenance requirements, acquisition timelines for 
     spare and replacement parts, and future procurement of 
     Virginia class submarines for the submarine fleet of the 
     United States; and
       (iii) other relevant topics as determined by the Secretary 
     of the Navy.
       (4) Required mutual defense agreement.--Before any transfer 
     occurs under subsection (a), the United States and Australia 
     shall have a mutual defense agreement in place, which shall--
       (A) provide a clear legal framework for the sole purpose of 
     Australia's acquisition of conventionally armed, nuclear-
     powered submarines; and
       (B) meet the highest nonproliferation standards for the 
     exchange of nuclear materials, technology, equipment, and 
     information between the United States and Australia.
       (5) Subsequent sales.--A sale of a Virginia class submarine 
     that occurs after the sales described in paragraph (1) may 
     occur only if such sale is explicitly authorized in 
     legislation enacted after the date of the enactment of this 
     Act.
       (6) Costs of transfer.--Any expense incurred by the United 
     States in connection with a transfer under paragraph (1) 
     shall be charged to the Government of Australia.
       (7) Crediting of receipts.--Notwithstanding any provision 
     of law pertaining to the crediting of amounts received from a 
     sale under section 21 of the Arms Export Control Act (22 
     U.S.C. 2761), any funds received by the United States 
     pursuant to a transfer under paragraph (1) shall--
       (A) be credited, at the discretion of the President, to--
       (i) the fund or account used in incurring the original 
     obligation for the acquisition of submarines transferred 
     under paragraph (1);
       (ii) an appropriate fund or account available for the 
     purposes for which the expenditures for the original 
     acquisition of submarines transferred under paragraph (1) 
     were made; or
       (iii) any other fund or account available for the purpose 
     specified in paragraph (8)(B); and
       (B) remain available for obligation until expended.
       (8) Use of funds.--Subject to paragraphs (9) and (10), the 
     President may use funds received pursuant to a transfer under 
     paragraph (1)--
       (A) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia; or
       (B) for improvements to the submarine industrial base of 
     the United States.
       (9) Plan for use of funds.--Before any use of any funds 
     received pursuant to a transfer under paragraph (1), the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing how such funds will be used, 
     including specific amounts and purposes.
       (10) Notification and report.--
       (A) Notification.--Not later than 30 days after the date of 
     any transfer under paragraph (1), and upon any transfer or 
     depositing of funds received pursuant to such a transfer, the 
     President shall notify the appropriate congressional 
     committees, the

[[Page S2942]]

     Committee on Appropriations of the Senate, and the Committee 
     on Appropriations of the House of Representatives of--
       (i) the amount of funds received pursuant to the transfer; 
     and
       (ii) the specific account or fund into which the funds 
     described in clause (i) are deposited.
       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds received 
     pursuant to transfers under paragraph (1) have been fully 
     expended, the President shall submit to the committees 
     described in subparagraph (A) a report that includes an 
     accounting of how funds received pursuant to transfers under 
     paragraph (1) were used in the fiscal year preceding the 
     fiscal year in which the report is submitted.
       (11) Applicability of existing law to transfer of special 
     nuclear material and utilization facilities for military 
     applications.--
       (A) In general.--With respect to any special nuclear 
     material for use in utilization facilities or any portion of 
     a submarine transferred under paragraph (1) constituting 
     utilization facilities for military applications under 
     section 91 of the Atomic Energy Act of 1954 (42 U.S.C. 2121), 
     transfer of such material or such facilities shall occur only 
     in accordance with such section 91.
       (B) Use of funds.--The President may use proceeds from a 
     transfer described in subparagraph (A) for the acquisition of 
     submarine naval nuclear propulsion plants and nuclear fuel to 
     replace propulsion plants and fuel transferred to the 
     Government of Australia.
       (b) Repair and Refurbishment of AUKUS Submarines.--Section 
     8680 of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Repair and Refurbishment of Certain Submarines.--
       ``(1) Shipyard.--Notwithstanding any other provision of 
     this section, the President shall--
       ``(A) determine the appropriate shipyard in the United 
     States, Australia, or the United Kingdom to perform any 
     repair or refurbishment of a United States submarine involved 
     in submarine security activities between the United States, 
     Australia, and the United Kingdom; and
       ``(B) in making a determination under subparagraph (A) with 
     respect whether a shipyard is appropriate, consider the 
     significance of the shipyard to strategically important areas 
     of operations.
       ``(2) Personnel.--Repair or refurbishment described in 
     paragraph (1)(A) may be carried out by personnel of the 
     United States, the United Kingdom, or Australia in accordance 
     with the international arrangements governing the submarine 
     security activities described in such paragraph.''.

     SEC. 7022. ACCEPTANCE OF CONTRIBUTIONS FOR AUSTRALIA, UNITED 
                   KINGDOM, AND UNITED STATES SUBMARINE SECURITY 
                   ACTIVITIES; AUKUS SUBMARINE SECURITY ACTIVITIES 
                   ACCOUNT.

       (a) Acceptance Authority.--The President may accept from 
     the Government of Australia contributions of money made by 
     the Government of Australia for use by the Department of 
     Defense in support of non-nuclear related aspects of 
     submarine security activities between Australia, the United 
     Kingdom, and the United States (AUKUS).
       (b) Establishment of AUKUS Submarine Security Activities 
     Account.--
       (1) In general.--There is established in the Treasury of 
     the United States a special account to be known as the 
     ``AUKUS Submarine Security Activities Account''.
       (2) Crediting of contributions of money.--Contributions of 
     money accepted by the President under subsection (a) shall be 
     credited to the AUKUS Submarine Security Activities Account.
       (3) Availability.--Amounts credited to the AUKUS Submarine 
     Security Activities Account shall remain available until 
     expended.
       (c) Use of AUKUS Submarine Security Activities Account.--
       (1) In general.--Subject to paragraph (2), the President 
     may use funds in the AUKUS Submarine Security Activities 
     Account--
       (A) for any purpose authorized by law that the President 
     determines would support submarine security activities 
     between Australia, the United Kingdom, and the United States; 
     or
       (B) to carry out a military construction project related to 
     the AUKUS partnership that is not otherwise authorized by 
     law.
       (2) Plan for use of funds.--Before any use of any funds in 
     the AUKUS Submarine Security Activities Account, the 
     President shall submit to the appropriate congressional 
     committees, the Committee on Appropriations of the Senate, 
     and the Committee on Appropriations of the House of 
     Representatives a plan detailing--
       (A) the amount of funds in the AUKUS Submarine Security 
     Activities Account; and
       (B) how such funds will be used, including specific amounts 
     and purposes.
       (d) Transfers of Funds.--
       (1) In general.--In carrying out subsection (c) and subject 
     to paragraphs (2) and (5), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Defense 
     or any other appropriate agency.
       (2) Department of energy.--In carrying out subsection (c), 
     and in accordance with the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), the President may transfer funds 
     available in the AUKUS Submarine Security Activities Account 
     to an account or fund available to the Department of Energy 
     to carry out activities related to submarine security 
     activities between Australia, the United Kingdom, and the 
     United States.
       (3) Availability for obligation.--Funds transferred under 
     this subsection shall be available for obligation for the 
     same time period and for the same purpose as the account or 
     fund to which transferred.
       (4) Transfer back to account.--Upon a determination by the 
     President that all or part of the funds transferred from the 
     AUKUS Submarine Security Activities Account are not necessary 
     for the purposes for which such funds were transferred, and 
     subject to paragraph (5), all or such part of such funds 
     shall be transferred back to the AUKUS Submarine Security 
     Activities Account.
       (5) Notification and report.--
       (A) Notification.--The President shall notify the 
     appropriate congressional committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives of--
       (i) before the transfer of any funds under this 
     subsection--

       (I) the amount of funds to be transferred; and
       (II) the planned or anticipated purpose of such funds; and

       (ii) before the obligation of any funds transferred under 
     this subsection--

       (I) the amount of funds to be obligated; and
       (II) the purpose of the obligation.

       (B) Annual report.--Not later than November 30 of each year 
     until 1 year after the date on which all funds transferred 
     under this subsection have been fully expended, the President 
     shall submit to the committees described in subparagraph (A) 
     a report that includes a detailed accounting of--
       (i) the amount of funds transferred under this subsection 
     during the fiscal year preceding the fiscal year in which the 
     report is submitted; and
       (ii) the purposes for which such funds were used.
       (e) Investment of Money.--
       (1) Authorized investments.--The President may invest money 
     in the AUKUS Submarine Security Activities Account in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States.
       (2) Interest and other income.--Any interest or other 
     income that accrues from investment in securities referred to 
     in paragraph (1) shall be deposited to the credit of the 
     AUKUS Submarine Security Activities Account.
       (f) Relationship to Other Laws.--The authority to accept or 
     transfer funds under this section is in addition to any other 
     authority to accept or transfer funds.

     SEC. 7023. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES 
                   SUBMARINE SECURITY TRAINING.

       (a) In General.--The President may transfer or export 
     directly to private individuals in Australia defense services 
     that may be transferred to the Government of Australia under 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.) to 
     support the development of the submarine industrial base of 
     Australia necessary for submarine security activities between 
     Australia, the United Kingdom, and the United States, 
     including if such individuals are not officers, employees, or 
     agents of the Government of Australia.
       (b) Security Controls.--
       (1) In general.--Any defense service transferred or 
     exported under subsection (a) shall be subject to appropriate 
     security controls to ensure that any sensitive information 
     conveyed by such transfer or export is protected from 
     disclosure to persons unauthorized by the United States to 
     receive such information.
       (2) Certification.--Not later than 30 days before the first 
     transfer or export of a defense service under subsection (a), 
     and annually thereafter, the President shall certify to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that the controls described in paragraph (1) will protect the 
     information described in such paragraph for the defense 
     services so transferred or exported.
       (c) Application of Requirements for Retransfer and 
     Reexport.--Any person who receives any defense service 
     transferred or exported under subsection (a) may retransfer 
     or reexport such service to other persons only in accordance 
     with the requirements of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).

  Subtitle C--Streamlining and Protecting Transfers of United States 
                  Military Technology From Compromise

     SEC. 7031. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       (a) In General.--The President shall institute policies and 
     procedures for letters of request from Australia and the 
     United Kingdom to transfer defense articles and services 
     under section 21 of the Arms Export Control Act (22 U.S.C. 
     2761) related to the AUKUS partnership to receive expedited 
     consideration and processing relative to all other letters of 
     request other than from Taiwan and Ukraine.
       (b) Technology Transfer Policy for Australia, Canada, and 
     the United Kingdom.--

[[Page S2943]]

       (1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, shall create an anticipatory release 
     policy for the transfer of technologies described in 
     paragraph (2) to Australia, the United Kingdom, and Canada 
     through Foreign Military Sales and Direct Commercial Sales 
     that are not covered by an exemption under the International 
     Traffic in Arms Regulations.
       (2) Capabilities described.--The capabilities described in 
     this paragraph are--
       (A) Pillar One-related technologies associated with 
     submarine and associated combat systems; and
       (B) Pillar Two-related technologies, including hypersonic 
     missiles, cyber capabilities, artificial intelligence, 
     quantum technologies, undersea capabilities, and other 
     advanced technologies.
       (3) Expedited decision-making.--Review of a transfer under 
     the policy established under paragraph (1) shall be subject 
     to an expedited decision-making process.
       (c) Interagency Policy and Guidance.--The Secretary and the 
     Secretary of Defense shall jointly review and update 
     interagency policies and implementation guidance related to 
     requests for Foreign Military Sales and Direct Commercial 
     Sales, including by incorporating the anticipatory release 
     provisions of this section.

     SEC. 7032. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, 
                   TECHNOLOGIES, AND EQUIPMENT FOR SALE TO 
                   AUSTRALIA AND THE UNITED KINGDOM THROUGH 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       Not later than 90 days after the date of the enactment of 
     this Act, and on a biennial basis thereafter for 8 years, 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 report that includes a list of 
     advanced military platforms, technologies, and equipment that 
     are pre-cleared and prioritized for sale and release to 
     Australia, the United Kingdom and Canada through the Foreign 
     Military Sales and Direct Commercial Sales programs without 
     regard to whether a letter of request or license to purchase 
     such platforms, technologies, or equipment has been received 
     from any of such country. Each list may include items that 
     are not related to the AUKUS partnership but may not include 
     items that are not covered by an exemption under the 
     International Traffic in Arms Regulations.

     SEC. 7033. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

       (a) In General.--Section 38 of the Arms Export Control Act 
     of 1976 (22 U.S.C. 2778) is amended by adding at the end the 
     following new subsection:
       ``(l) AUKUS Defense Trade Cooperation.--
       ``(1) Exemption from licensing and approval requirements.--
     Subject to paragraph (2) and notwithstanding any other 
     provision of this section, the Secretary of State may exempt 
     from the licensing or other approval requirements of this 
     section exports and transfers (including reexports, 
     retransfers, temporary imports, and brokering activities) of 
     defense articles and defense services between or among the 
     United States, the United Kingdom, and Australia that--
       ``(A) are not excluded by those countries;
       ``(B) are not referred to in subsection(j)(1)(C)(ii); and
       ``(C) involve only persons or entities that are approved 
     by--
       ``(i) the Secretary of State; and
       ``(ii) the Ministry of Defense, the Ministry of Foreign 
     Affairs, or other similar authority within those countries.
       ``(2) Limitation.--The authority provided in subparagraph 
     (1) shall not apply to any activity, including exports, 
     transfers, reexports, retransfers, temporary imports, or 
     brokering, of United States defense articles and defense 
     services involving any country or a person or entity of any 
     country other than the United States, the United Kingdom, and 
     Australia.''.
       (b) Required Standards of Export Controls.--The Secretary 
     may only exercise the authority under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, with respect to the United 
     Kingdom or Australia 30 days after the Secretary submits to 
     the appropriate congressional committees an unclassified 
     certification and detailed unclassified assessment (which may 
     include a classified annex) that the country concerned has 
     implemented standards for a system of export controls that 
     satisfies the elements of section 38(j)(2) of the Arms Export 
     Control Act (22 U.S.C. 2778(j)(2)) for United States-origin 
     defense articles and defense services, and for controlling 
     the provision of military training, that are comparable to 
     those standards administered by the United States in effect 
     on the date of the enactment of this Act.
       (c) Certain Requirements Not Applicable.--
       (1) In general.--Paragraphs (1), (2), and (3) of section 
     3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall 
     not apply to any export or transfer that is the subject of an 
     exemption under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section.
       (2) Quarterly reports.--The Secretary shall--
       (A) require all exports and transfers that would be subject 
     to the requirements of paragraphs (1), (2), and (3) of 
     section 3(d) of the Arms Export Control Act (22 U.S.C. 
     2753(d)) but for the application of subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, to be reported to the 
     Secretary; and
       (B) submit such reports to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives on a quarterly basis.
       (d) Sunset.--Any exemption under subsection (l)(1) of 
     section 38 of the Arms Export Control Act of 1976, as added 
     by subsection (a) of this section, shall terminate on the 
     date that is 15 years after the date of the enactment of this 
     Act. The Secretary of State may renew such exemption for 5 
     years upon a certification to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives that such exemption is in the 
     vital national interest of the United States with a detailed 
     justification for such certification.
       (e) Reports.--
       (1) Annual report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter until no 
     exemptions under subsection (l)(1) of section 38 of the Arms 
     Export Control Act of 1976, as added by subsection (a) of 
     this section, remain in effect, the Secretary 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 the operation of exemptions issued under such 
     subsection (l)(1), including whether any changes to such 
     exemptions are likely to be made in the coming year.
       (B) Initial report.--The first report submitted under 
     subparagraph (A) shall also include an assessment of key 
     recommendations the United States Government has provided to 
     the Governments of Australia and the United Kingdom to revise 
     laws, regulations, and policies of such countries that are 
     required to implement the AUKUS partnership.
       (2) Report on expedited review of export licenses for 
     exports of advanced technologies.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Defense, shall 
     report on the practical application of a possible ``fast 
     track'' decision-making process for applications, classified 
     or unclassified, to export defense articles and defense 
     services to Australia, the United Kingdom, and Canada.

     SEC. 7034. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF 
                   ADVANCED TECHNOLOGIES TO AUSTRALIA, THE UNITED 
                   KINGDOM, AND CANADA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Secretary of Defense, shall initiate a rulemaking to 
     establish an expedited decision-making process, classified or 
     unclassified, for applications to export to Australia, the 
     United Kingdom, and Canada commercial, advanced-technology 
     defense articles and defense services that are not covered by 
     an exemption under the International Traffic in Arms 
     Regulations.
       (b) Eligibility.--To qualify for the expedited decision-
     making process described in subsection (a), an application 
     shall be for an export of defense articles or defense 
     services that will take place wholly within or between the 
     physical territory of Australia, Canada, or the United 
     Kingdom and the United States and with governments or 
     corporate entities from such countries.
       (c) Availability of Expedited Process.--The expedited 
     decision-making process described in subsection (a) shall be 
     available for both classified and unclassified items, and the 
     process must satisfy the following criteria to the extent 
     practicable:
       (1) Any licensing application to export defense articles 
     and services that is related to a government to government 
     AUKUS agreement must be approved, returned, or denied withing 
     30 days of submission.
       (2) For all other licensing requests, any review shall be 
     completed not later than 45 calendar days after the date of 
     application.

     SEC. 7035. UNITED STATES MUNITIONS LIST.

       (a) Exemption for the Governments of the United Kingdom and 
     Australia From Certification and Congressional Notification 
     Requirements Applicable to Certain Transfers.--Section 
     38(f)(3) of the Arms Export Control Act (22 U.S.C. 
     2778(f)(3)) is amended by inserting ``, the United Kingdom, 
     or Australia'' after ``Canada''.
       (b) United States Munitions List Periodic Reviews.--
       (1) In general.--The Secretary, acting through authority 
     delegated by the President to carry out periodic reviews of 
     items on the United States Munitions List under section 38(f) 
     of the Arms Export Control Act (22 U.S.C. 2778(f)) and in 
     coordination with the Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, and the Director of the 
     Office of Management and Budget, shall carry out such reviews 
     not less frequently than every 3 years.
       (2) Scope.--The periodic reviews described in paragraph (1) 
     shall focus on matters including--
       (A) interagency resources to address current threats faced 
     by the United States;
       (B) the evolving technological and economic landscape;
       (C) the widespread availability of certain technologies and 
     items on the United States Munitions List; and
       (D) risks of misuse of United States-origin defense 
     articles.
       (3) Consultation.--The Department of State may consult with 
     the Defense Trade Advisory Group (DTAG) and other interested

[[Page S2944]]

     parties in conducting the periodic review described in 
     paragraph (1).

                    Subtitle D--Other AUKUS Matters

     SEC. 7041. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

       (a) Report on Instruments.--
       (1) In general.--Not later than 30 days after the 
     signature, conclusion, or other finalization of any non-
     binding instrument related to the AUKUS partnership, the 
     President shall submit to the appropriate congressional 
     committees the text of such instrument.
       (2) Non-duplication of efforts; rule of construction.--To 
     the extent the text of a non-binding instrument is submitted 
     to the appropriate congressional committees pursuant to 
     subsection (a), such text does not need to be submitted to 
     Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, 
     United States Code, as amended by section 5947 of the James 
     M. Inhofe National Defense Authorization Act for Fiscal Year 
     2023 (Public Law 117-263; 136 Stat. 3476). Paragraph (1) 
     shall not be construed to relieve the executive branch of any 
     other requirement of section 112b of title 1, United States 
     Code, as amended so amended, or any other provision of law.
       (3) Definitions.--In this section:
       (A) In general.--The term ``text'', with respect to a non-
     binding instrument, includes--
       (i) any annex, appendix, codicil, side agreement, side 
     letter, or any document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument; and
       (ii) any implementing agreement or arrangement, or any 
     document of similar purpose or function to the 
     aforementioned, regardless of the title of the document, that 
     is entered into contemporaneously and in conjunction with the 
     non-binding instrument.
       (B) Contemporaneously and in conjunction with.--As used in 
     subparagraph (A), the term ``contemporaneously and in 
     conjunction with''--
       (i) shall be construed liberally; and
       (ii) may not be interpreted to require any action to have 
     occurred simultaneously or on the same day.
       (b) Report on AUKUS Partnership.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and biennially thereafter, the 
     Secretary, in coordination with the Secretary of Defense and 
     other appropriate heads of agencies, shall submit to the 
     appropriate congressional committees a report on the AUKUS 
     partnership.
       (2) Elements.--Each report required under paragraph (1) 
     shall include the following elements:
       (A) Strategy.--
       (i) An identification of the defensive military capability 
     gaps and capacity shortfalls that the AUKUS partnership seeks 
     to offset.
       (ii) An explanation of the total cost to the United States 
     associated with Pillar One of the AUKUS partnership.
       (iii) A detailed explanation of how enhanced access to the 
     industrial base of Australia is contributing to strengthening 
     the United States strategic position in Asia.
       (iv) A detailed explanation of the military and strategic 
     benefit provided by the improved access provided by naval 
     bases of Australia.
       (v) A detailed assessment of how Australia's sovereign 
     conventionally armed nuclear attack submarines contribute to 
     United States defense and deterrence objectives in the Indo-
     Pacific region.
       (B) Implement the aukus partnership.--
       (i) Progress made on achieving the Optimal Pathway 
     established for Australia's development of conventionally 
     armed, nuclear-powered submarines, including the following 
     elements:

       (I) A description of progress made by Australia, the United 
     Kingdom, and the United States to conclude an Article 14 
     arrangement with the International Atomic Energy Agency.
       (II) A description of the status of efforts of Australia, 
     the United Kingdom, and the United States to build the 
     supporting infrastructure to base conventionally armed, 
     nuclear-powered attack submarines.
       (III) Updates on the efforts by Australia, the United 
     Kingdom, and the United States to train a workforce that can 
     build, sustain, and operate conventionally armed, nuclear-
     powered attack submarines.
       (IV) A description of progress in establishing submarine 
     support facilities capable of hosting rotational forces in 
     western Australia by 2027.
       (V) A description of progress made in improving United 
     States submarine production capabilities that will enable the 
     United States to meet--

       (aa) its objectives of providing up to five Virginia Class 
     submarines to Australia by the early to mid-2030's; and
       (bb) United States submarine production requirements.
       (ii) Progress made on Pillar Two of the AUKUS partnership, 
     including the following elements:

       (I) An assessment of the efforts of Australia, the United 
     Kingdom, and the United States to enhance collaboration 
     across the following eight trilateral lines of effort:

       (aa) Underseas capabilities.
       (bb) Quantum technologies.
       (cc) Artificial intelligence and autonomy.
       (dd) Advanced cyber capabilities.
       (ee) Hypersonic and counter-hypersonic capabilities.
       (ff) Electronic warfare.
       (gg) Innovation.
       (hh) Information sharing.

       (II) An assessment of any new lines of effort established.

     DIVISION H--COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

      TITLE LXXX--SECURING SEMICONDUCTOR SUPPLY CHAINS ACT OF 2023

     SEC. 8001. SHORT TITLE.

       This title may be cited as the ``Securing Semiconductor 
     Supply Chains Act of 2023''.

     SEC. 8002. SELECTUSA DEFINED.

       In this title, the term ``SelectUSA'' means the SelectUSA 
     program of the Department of Commerce established by 
     Executive Order 13577 (76 Fed. Reg. 35,715).

     SEC. 8003. FINDINGS.

       Congress makes the following findings:
       (1) Semiconductors underpin the United States and global 
     economies, including manufacturing sectors. Semiconductors 
     are also essential to the national security of the United 
     States.
       (2) A shortage of semiconductors, brought about by the 
     COVID-19 pandemic and other complex factors impacting the 
     overall supply chain, has threatened the economic recovery of 
     the United States and industries that employ millions of 
     United States citizens.
       (3) Addressing current challenges and building resilience 
     against future risks requires ensuring a secure and stable 
     supply chain for semiconductors that will support the 
     economic and national security needs of the United States and 
     its allies.
       (4) The supply chain for semiconductors is complex and 
     global. While the United States plays a leading role in 
     certain segments of the semiconductor industry, securing the 
     supply chain requires onshoring, reshoring, or diversifying 
     vulnerable segments, such as for--
       (A) fabrication;
       (B) advanced packaging; and
       (C) materials and equipment used to manufacture 
     semiconductor products.
       (5) The Federal Government can leverage foreign direct 
     investment and private dollars to grow the domestic 
     manufacturing and production capacity of the United States 
     for vulnerable segments of the semiconductor supply chain.
       (6) The SelectUSA program of the Department of Commerce, in 
     coordination with other Federal agencies and State-level 
     economic development organizations, is positioned to boost 
     foreign direct investment in domestic manufacturing and to 
     help secure the semiconductor supply chain of the United 
     States.

     SEC. 8004. COORDINATION WITH STATE-LEVEL ECONOMIC DEVELOPMENT 
                   ORGANIZATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Executive Director of SelectUSA shall solicit 
     comments from State-level economic development 
     organizations--
       (1) to review--
       (A) what efforts the Federal Government can take to support 
     increased foreign direct investment in any segment of 
     semiconductor-related production;
       (B) what barriers to such investment may exist and how to 
     amplify State efforts to attract such investment;
       (C) public opportunities those organizations have 
     identified to attract foreign direct investment to help 
     increase investment described in subparagraph (A); and
       (D) resource gaps or other challenges that prevent those 
     organizations from increasing such investment; and
       (2) to develop recommendations for--
       (A) how SelectUSA can increase such investment 
     independently or through partnership with those 
     organizations; and
       (B) working with countries that are allies or partners of 
     the United States to ensure that foreign adversaries (as 
     defined in section 8(c)(2) of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2))) 
     do not benefit from United States efforts to increase such 
     investment.

     SEC. 8005. REPORT ON INCREASING FOREIGN DIRECT INVESTMENT IN 
                   SEMICONDUCTOR-RELATED MANUFACTURING AND 
                   PRODUCTION.

       Not later than 2 years after the date of the enactment of 
     this Act, the Executive Director of SelectUSA, in 
     coordination with the Federal Interagency Investment Working 
     Group established by Executive Order 13577 (76 Fed. Reg. 
     35,715; relating to establishment of the SelectUSA 
     Initiative), shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that includes--
       (1) a review of the comments SelectUSA received from State-
     level economic development organizations under section 8004;
       (2) a description of activities SelectUSA is engaged in to 
     increase foreign direct investment in semiconductor-related 
     manufacturing and production; and
       (3) an assessment of strategies SelectUSA may implement to 
     achieve an increase in such investment and to help secure the 
     United States supply chain for semiconductors, including by--
       (A) working with other relevant Federal agencies; and
       (B) working with State-level economic development 
     organizations and implementing any strategies or 
     recommendations SelectUSA received from those organizations.

[[Page S2945]]

  


     SEC. 8006. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this title. The Executive 
     Director of SelectUSA shall carry out this title using 
     amounts otherwise available to the Executive Director for 
     such purposes.

                DIVISION I--ENVIRONMENT AND PUBLIC WORKS

     SEC. 9001. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED 
                   NUCLEAR FOR CLEAN ENERGY.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Deployment of Versatile, Advanced Nuclear for 
     Clean Energy Act of 2023'' or the ``ADVANCE Act of 2023''.
       (b) Definitions.--In this section:
       (1) Accident tolerant fuel.--The term ``accident tolerant 
     fuel'' has the meaning given the term in section 107(a) of 
     the Nuclear Energy Innovation and Modernization Act (Public 
     Law 115-439; 132 Stat. 5577).
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Advanced nuclear fuel.--The term ``advanced nuclear 
     fuel'' means--
       (A) advanced nuclear reactor fuel; and
       (B) accident tolerant fuel.
       (4) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 3 of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215 note; Public Law 115-439).
       (5) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' has the meaning given the term in 
     section 3 of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215 note; Public Law 115-439).
       (6) Appropriate committees of Congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (7) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (9) 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).
       (c) International Nuclear Reactor Export and Innovation 
     Activities.--
       (1) Coordination.--
       (A) In general.--The Commission shall--
       (i) coordinate all work of the Commission relating to--

       (I) nuclear reactor import and export licensing; and
       (II) international regulatory cooperation and assistance 
     relating to nuclear reactors, including with countries that 
     are members of--

       (aa) the Organisation for Economic Co-operation and 
     Development; or
       (bb) the Nuclear Energy Agency; and
       (ii) support interagency and international coordination 
     with respect to--

       (I) the consideration of international technical standards 
     to establish the licensing and regulatory basis to assist the 
     design, construction, and operation of nuclear systems;
       (II) efforts to help build competent nuclear regulatory 
     organizations and legal frameworks in countries seeking to 
     develop nuclear power; and
       (III) exchange programs and training provided to other 
     countries relating to nuclear regulation and oversight to 
     improve nuclear technology licensing, in accordance with 
     subparagraph (B).

       (B) Exchange programs and training.--With respect to the 
     exchange programs and training described in subparagraph 
     (A)(ii)(III), the Commission shall coordinate, as applicable, 
     with--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the private sector; and
       (iv) institutions of higher education.
       (2) Authority to establish branch.--The Commission may 
     establish within the Office of International Programs a 
     branch, to be known as the ``International Nuclear Reactor 
     Export and Innovation Branch'', to carry out such 
     international nuclear reactor export and innovation 
     activities as the Commission determines to be appropriate and 
     within the mission of the Commission.
       (3) Exclusion of international activities from the fee 
     base.--
       (A) In general.--Section 102 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215) is 
     amended--
       (i) in subsection (a), by adding at the end the following:
       ``(A) International nuclear reactor export and innovation 
     activities.--The Commission shall identify in the annual 
     budget justification international nuclear reactor export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2023.''; and
       (ii) in subsection (b)(1)(B), by adding at the end the 
     following:

       ``(I) Costs for international nuclear reactor export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2023.''.

       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on October 1, 2024.
       (4) Savings clause.--Nothing in this subsection alters the 
     authority of the Commission to license and regulate the 
     civilian use of radioactive materials.
       (d) Denial of Certain Domestic Licenses for National 
     Security Purposes.--
       (1) Definition of covered fuel.--In this subsection, the 
     term ``covered fuel'' means enriched uranium that is 
     fabricated into fuel assemblies for nuclear reactors by an 
     entity that--
       (A) is owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (2) Prohibition on unlicensed possession or ownership of 
     covered fuel.--Unless specifically authorized by the 
     Commission in a license issued under section 53 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, 
     Code of Federal Regulations (or successor regulations), no 
     person subject to the jurisdiction of the Commission may 
     possess or own covered fuel.
       (3) License to possess or own covered fuel.--
       (A) Consultation required prior to issuance.--The 
     Commission shall not issue a license to possess or own 
     covered fuel under section 53 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2073) and part 70 of title 10, Code of 
     Federal Regulations (or successor regulations), unless the 
     Commission has first consulted with the Secretary of Energy 
     and the Secretary of State before issuing the license.
       (B) Prohibition on issuance of license.--
       (i) In general.--Subject to clause (iii), a license to 
     possess or own covered fuel shall not be issued if the 
     Secretary of Energy and the Secretary of State make the 
     determination described in clause (ii).
       (ii) Determination.--

       (I) In general.--The determination referred to in clause 
     (i) is a determination that possession or ownership, as 
     applicable, of covered fuel poses a threat to the national 
     security of the United States that adversely impacts the 
     physical and economic security of the United States.
       (II) Joint determination.--A determination described in 
     subclause (I) shall be jointly made by the Secretary of 
     Energy and the Secretary of State.
       (III) Timeline.--

       (aa) Notice of application.--Not later than 30 days after 
     the date on which the Commission receives an application for 
     a license to possess or own covered fuel, the Commission 
     shall notify the Secretary of Energy and the Secretary of 
     State of the application.
       (bb) Determination.--The Secretary of Energy and the 
     Secretary of State shall have a period of 180 days, beginning 
     on the date on which the Commission notifies the Secretary of 
     Energy and the Secretary of State under item (aa) of an 
     application for a license to possess or own covered fuel, in 
     which to make the determination described in subclause (I).
       (cc) Commission notification.--On making the determination 
     described in subclause (I), the Secretary of Energy and the 
     Secretary of State shall immediately notify the Commission.
       (dd) Congressional notification.--Not later than 30 days 
     after the date on which the Secretary of Energy and the 
     Secretary of State notify the Commission under item (cc), the 
     Commission shall notify the appropriate committees of 
     Congress of the determination.
       (ee) Public notice.--Not later than 15 days after the date 
     on which the Commission notifies Congress under item (dd) of 
     a determination made under subclause (I), the Commission 
     shall make that determination publicly available.
       (iii) Effect of no determination.--The prohibition 
     described in clause (i) shall not apply if the Secretary of 
     Energy and the Secretary of State do not make the 
     determination described in clause (ii) by the date described 
     in subclause (III)(bb) of that clause.
       (4) Savings clause.--Nothing in this subsection alters any 
     treaty or international agreement in effect on the date of 
     enactment of this Act.
       (e) Export License Requirements.--
       (1) Definition of low-enriched uranium.--In this 
     subsection, the term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope.
       (2) Requirement.--The Commission shall not issue an export 
     license for the transfer of any item described in paragraph 
     (4) to a country described in paragraph (3) unless the 
     Commission makes a determination that such transfer will not 
     be inimical to the common defense and security of the United 
     States.
       (3) Countries described.--A country referred to in 
     paragraph (2) is a country that--
       (A) has not concluded and ratified an Additional Protocol 
     to its safeguards agreement with the International Atomic 
     Energy Agency; or
       (B) has not ratified or acceded to the amendment to the 
     Convention on the Physical Protection of Nuclear Material, 
     adopted at Vienna October 26, 1979, and opened for signature 
     at New York March 3, 1980 (TIAS 11080), described in the 
     information circular of the International Atomic Energy 
     Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 
     (TIAS 16-508).
       (4) Items described.--An item referred to in paragraph (2) 
     includes--

[[Page S2946]]

       (A) unirradiated nuclear fuel containing special nuclear 
     material (as defined in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
       (B) a nuclear reactor that uses nuclear fuel described in 
     subparagraph (A); and
       (C) any plant or component listed in Appendix I to part 110 
     of title 10, Code of Federal Regulations (or successor 
     regulations), that is involved in--
       (i) the reprocessing of irradiated nuclear reactor fuel 
     elements;
       (ii) the separation of plutonium; or
       (iii) the separation of the uranium-233 isotope.
       (5) Notification.--If the Commission makes a determination 
     under paragraph (2) that the transfer of any item described 
     in paragraph (4) to a country described in paragraph (3) will 
     not be inimical to the common defense and security of the 
     United States, the Commission shall notify the appropriate 
     committees of Congress.
       (f) Coordinated International Engagement.--
       (1) Definitions.--In this subsection:
       (A) Embarking civil nuclear nation.--
       (i) In general.--The term ``embarking civil nuclear 
     nation'' means a country that--

       (I) does not have a civil nuclear program;
       (II) is in the process of developing or expanding a civil 
     nuclear program, including safeguards and a legal and 
     regulatory framework; or
       (III) is in the process of selecting, developing, 
     constructing, or utilizing an advanced nuclear reactor or 
     advanced civil nuclear technologies.

       (ii) Exclusions.--The term ``embarking civil nuclear 
     nation'' does not include--

       (I) the People's Republic of China;
       (II) the Russian Federation;
       (III) the Republic of Belarus;
       (IV) the Islamic Republic of Iran;
       (V) the Democratic People's Republic of Korea;
       (VI) the Republic of Cuba;
       (VII) the Bolivarian Republic of Venezuela;
       (VIII) the Syrian Arab Republic;
       (IX) Burma; or
       (X) any other country--

       (aa) the property or interests in property of the 
     government of which are blocked pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
       (bb) the government of which the Secretary of State has 
     determined has repeatedly provided support for acts of 
     international terrorism for purposes of--
       (AA) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (BB) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d));
       (CC) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
       (DD) any other relevant provision of law.
       (B) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Commerce and the Secretary of Energy, acting--
       (i) in consultation with each other; and
       (ii) in coordination with--

       (I) the Secretary of State;
       (II) the Commission;
       (III) the Secretary of the Treasury;
       (IV) the President of the Export-Import Bank of the United 
     States; and
       (V) officials of other Federal agencies, as the Secretary 
     of Commerce determines to be appropriate.

       (C) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (i) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (ii) is involved in the nuclear energy industry.
       (2) International civil nuclear modernization initiative.--
       (A) In general.--The Secretaries shall establish and carry 
     out, in accordance with applicable nuclear technology export 
     laws (including regulations), an international initiative to 
     modernize civil nuclear outreach to embarking civil nuclear 
     nations.
       (B) Activities.--In carrying out the initiative described 
     in subparagraph (A)--
       (i) the Secretary of Commerce shall--

       (I) expand outreach by the Executive Branch to the private 
     investment community to create public-private financing 
     relationships to assist in the export of civil nuclear 
     technology to embarking civil nuclear nations;
       (II) seek to coordinate, to the maximum extent practicable, 
     the work carried out by each of--

       (aa) the Commission;
       (bb) the Department of Energy;
       (cc) the Department of State;
       (dd) the Nuclear Energy Agency;
       (ee) the International Atomic Energy Agency; and
       (ff) other agencies, as the Secretary of Commerce 
     determines to be appropriate; and

       (III) improve the regulatory framework to allow for the 
     efficient and expeditious exporting and importing of items 
     under the jurisdiction of the Secretary of Commerce; and

       (ii) the Secretary of Energy shall--

       (I) assist nongovernmental organizations and appropriate 
     offices, administrations, agencies, laboratories, and 
     programs of the Federal Government in providing education and 
     training to foreign governments in nuclear safety, security, 
     and safeguards--

       (aa) through engagement with the International Atomic 
     Energy Agency; or
       (bb) independently, if the applicable nongovernmental 
     organization, office, administration, agency, laboratory, or 
     program determines that it would be more advantageous under 
     the circumstances to provide the applicable education and 
     training independently;

       (II) assist the efforts of the International Atomic Energy 
     Agency to expand the support provided by the International 
     Atomic Energy Agency to embarking civil nuclear nations for 
     nuclear safety, security, and safeguards; and
       (III) assist U.S. nuclear energy companies to integrate 
     security and safeguards by design in international outreach 
     carried out by those U.S. nuclear energy companies.

       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Commerce, in 
     consultation with the Secretary of Energy, shall submit to 
     Congress a report describing the activities carried out under 
     this subsection.
       (g) Fees for Advanced Nuclear Reactor Application Review.--
       (1) Definitions.--Section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439) is amended--
       (A) by redesignating paragraphs (2) through (15) as 
     paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), 
     (17), (18), (19), (20), and (21), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) Advanced nuclear reactor applicant.--The term 
     `advanced nuclear reactor applicant' means an entity that has 
     submitted to the Commission an application to receive a 
     license for an advanced nuclear reactor under the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).'';
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Advanced nuclear reactor pre-applicant.--The term 
     `advanced nuclear reactor pre-applicant' means an entity that 
     has submitted to the Commission a licensing project plan for 
     the purposes of submitting a future application to receive a 
     license for an advanced nuclear reactor under the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).
       ``(5) Agency support.--The term `agency support' means the 
     resources of the Commission that are located in executive, 
     administrative, and other support offices of the Commission, 
     as described in the document of the Commission entitled `FY 
     2023 Final Fee Rule Work Papers' (or a successor 
     document).'';
       (D) by inserting after paragraph (10) (as so redesignated) 
     the following:
       ``(11) Hourly rate for mission-direct program salaries and 
     benefits for the nuclear reactor safety program.--The term 
     `hourly rate for mission-direct program salaries and benefits 
     for the Nuclear Reactor Safety Program' means the quotient 
     obtained by dividing--
       ``(A) the full-time equivalent rate (within the meaning of 
     the document of the Commission entitled `FY 2023 Final Fee 
     Rule Work Papers' (or a successor document)) for mission-
     direct program salaries and benefits for the Nuclear Reactor 
     Safety Program (as determined by the Commission) for a fiscal 
     year; by
       ``(B) the productive hours assumption for that fiscal year, 
     determined in accordance with the formula established in the 
     document referred to in subparagraph (A) (or a successor 
     document).''; and
       (E) by inserting after paragraph (12) (as so redesignated) 
     the following:
       ``(13) Mission-direct program salaries and benefits for the 
     nuclear reactor safety program.--The term `mission-direct 
     program salaries and benefits for the Nuclear Reactor Safety 
     Program' means the resources of the Commission that are 
     allocated to the Nuclear Reactor Safety Program (as 
     determined by the Commission) to perform core work activities 
     committed to fulfilling the mission of the Commission, as 
     described in the document of the Commission entitled `FY 2023 
     Final Fee Rule Work Papers' (or a successor document).
       ``(14) Mission-indirect program support.--The term 
     `mission-indirect program support' means the resources of the 
     Commission that support the core mission-direct activities 
     for the Nuclear Reactor Safety Program of the Commission (as 
     determined by the Commission), as described in the document 
     of the Commission entitled `FY 2023 Final Fee Rule Work 
     Papers' (or a successor document).''.
       (2) Excluded activities.--Section 102(b)(1)(B) of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is 
     amended by adding at the end the following:
       ``(v) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(B), may not be 
     included in the hourly rate charged for fees assessed to 
     advanced nuclear reactor applicants.
       ``(vi) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(C), may not be 
     included in the hourly rate charged for fees assessed to 
     advanced nuclear reactor pre-applicants.''.
       (3) Fees for service or thing of value.--Section 102(b) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(b)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Fees for service or thing of value.--
       ``(A) In general.--In accordance with section 9701 of title 
     31, United States Code, the Commission shall assess and 
     collect fees from any person who receives a service or

[[Page S2947]]

     thing of value from the Commission to cover the costs to the 
     Commission of providing the service or thing of value.
       ``(B) Advanced nuclear reactor applicants.--The hourly rate 
     charged for fees assessed to advanced nuclear reactor 
     applicants under this paragraph relating to the review of a 
     submitted application described in section 3(1) shall not 
     exceed the hourly rate for mission-direct program salaries 
     and benefits for the Nuclear Reactor Safety Program.
       ``(C) Advanced nuclear reactor pre-applicants.--The hourly 
     rate charged for fees assessed to advanced nuclear reactor 
     pre-applicants under this paragraph relating to the review of 
     submitted materials as described in the licensing project 
     plan of an advanced nuclear reactor pre-applicant shall not 
     exceed the hourly rate for mission-direct program salaries 
     and benefits for the Nuclear Reactor Safety Program.''.
       (4) Sunset.--Section 102 of the Nuclear Energy Innovation 
     and Modernization Act (42 U.S.C. 2215) is amended by adding 
     at the end the following:
       ``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) 
     and (2)(C) of subsection (b) shall cease to be effective on 
     September 30, 2029.''.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2024.
       (h) Advanced Nuclear Reactor Prizes.--Section 103 of the 
     Nuclear Energy Innovation and Modernization Act (Public Law 
     115-439; 132 Stat. 5571) is amended by adding at the end the 
     following:
       ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) a non-Federal entity; and
       ``(B) the Tennessee Valley Authority.
       ``(2) Prize for advanced nuclear reactor licensing.--
       ``(A) In general.--Notwithstanding section 169 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the 
     availability of appropriations, the Secretary is authorized 
     to make, with respect to each award category described in 
     subparagraph (C), an award in an amount described in 
     subparagraph (B) to the first eligible entity--
       ``(i) to which the Commission issues an operating license 
     for an advanced nuclear reactor under part 50 of title 10, 
     Code of Federal Regulations (or successor regulations), for 
     which an application has not been approved by the Commission 
     as of the date of enactment of this subsection; or
       ``(ii) for which the Commission makes a finding described 
     in section 52.103(g) of title 10, Code of Federal Regulations 
     (or successor regulations), with respect to a combined 
     license for an advanced nuclear reactor--

       ``(I) that is issued under subpart C of part 52 of that 
     title (or successor regulations); and
       ``(II) for which an application has not been approved by 
     the Commission as of the date of enactment of this 
     subsection.

       ``(B) Amount of award.--An award under subparagraph (A) 
     shall be in an amount equal to the total amount assessed by 
     the Commission and collected under section 102(b)(2) from the 
     eligible entity receiving the award for costs relating to the 
     issuance of the license described in that subparagraph, 
     including, as applicable, costs relating to the issuance of 
     an associated construction permit described in section 50.23 
     of title 10, Code of Federal Regulations (or successor 
     regulations), or early site permit (as defined in section 
     52.1 of that title (or successor regulations)).
       ``(C) Award categories.--An award under subparagraph (A) 
     may be made for--
       ``(i) the first advanced nuclear reactor for which the 
     Commission--

       ``(I) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(II) makes a finding in accordance with clause (ii) of 
     that subparagraph;

       ``(ii) an advanced nuclear reactor that--

       ``(I) uses isotopes derived from spent nuclear fuel (as 
     defined in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101)) or depleted uranium as fuel for the 
     advanced nuclear reactor; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iii) an advanced nuclear reactor that--

       ``(I) is a nuclear integrated energy system--

       ``(aa) that is composed of 2 or more co-located or jointly 
     operated subsystems of energy generation, energy storage, or 
     other technologies;
       ``(bb) in which not fewer than 1 subsystem described in 
     item (aa) is a nuclear energy system; and
       ``(cc) the purpose of which is--
       ``(AA) to reduce greenhouse gas emissions in both the power 
     and nonpower sectors; and
       ``(BB) to maximize energy production and efficiency; and

       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iv) an advanced reactor that--

       ``(I) operates flexibly to generate electricity or high 
     temperature process heat for nonelectric applications; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph; and
       ``(v) the first advanced nuclear reactor for which the 
     Commission grants approval to load nuclear fuel pursuant to 
     the technology-inclusive regulatory framework established 
     under subsection (a)(4).
       ``(3) Federal funding limitations.--
       ``(A) Exclusion of tva funds.--In this paragraph, the term 
     `Federal funds' does not include funds received under the 
     power program of the Tennessee Valley Authority.
       ``(B) Limitation on amounts expended.--An award under this 
     subsection shall not exceed the total amount expended 
     (excluding any expenditures made with Federal funds received 
     for the applicable project and an amount equal to the minimum 
     cost-share required under section 988 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16352)) by the eligible entity 
     receiving the award for licensing costs relating to the 
     project for which the award is made.
       ``(C) Repayment and dividends not required.--
     Notwithstanding section 9104(a)(4) of title 31, United States 
     Code, or any other provision of law, an eligible entity that 
     receives an award under this subsection shall not be 
     required--
       ``(i) to repay that award or any part of that award; or
       ``(ii) to pay a dividend, interest, or other similar 
     payment based on the sum of that award.''.
       (i) Report on Unique Licensing Considerations Relating to 
     the Use of Nuclear Energy for Nonelectric Applications.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') addressing any unique 
     licensing issues or requirements relating to--
       (A) the flexible operation of nuclear reactors, such as 
     ramping power output and switching between electricity 
     generation and nonelectric applications;
       (B) the use of advanced nuclear reactors exclusively for 
     nonelectric applications; and
       (C) the colocation of nuclear reactors with industrial 
     plants or other facilities.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) technology developers;
       (D) the industrial, chemical, and medical sectors;
       (E) nongovernmental organizations; and
       (F) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall describe--
       (i) any unique licensing issues or requirements relating to 
     the matters described in subparagraphs (A) through (C) of 
     paragraph (1), including, with respect to the nonelectric 
     applications referred to in subparagraphs (A) and (B) of that 
     paragraph, any licensing issues or requirements relating to 
     the use of nuclear energy in--

       (I) hydrogen or other liquid and gaseous fuel or chemical 
     production;
       (II) water desalination and wastewater treatment;
       (III) heat for industrial processes;
       (IV) district heating;
       (V) energy storage;
       (VI) industrial or medical isotope production; and
       (VII) other applications, as identified by the Commission;

       (ii) options for addressing those issues or requirements--

       (I) within the existing regulatory framework of the 
     Commission;
       (II) as part of the technology-inclusive regulatory 
     framework required under subsection (a)(4) of section 103 of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439) or described in the 
     report required under subsection (e) of that section (Public 
     Law 115-439; 132 Stat. 5575); or
       (III) through a new rulemaking; and

       (iii) the extent to which Commission action is needed to 
     implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance in the licensing of nuclear 
     reactors for nonelectric applications.
       (j) Enabling Preparations for the Demonstration of Advanced 
     Nuclear Reactors on Department of Energy Sites or Critical 
     National Security Infrastructure Sites.--
       (1) In general.--Section 102(b)(1)(B) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) 
     (as amended by subsection (g)(2)) is amended by adding at the 
     end the following:
       ``(vi) Costs for--

       ``(I) activities to review and approve or disapprove an 
     application for an early site permit (as defined in section 
     52.1 of title 10, Code of Federal Regulations (or a successor

[[Page S2948]]

     regulation)) to demonstrate an advanced nuclear reactor on a 
     Department of Energy site or critical national security 
     infrastructure (as defined in section 327(d) of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1722)) site; and
       ``(II) pre-application activities relating to an early site 
     permit (as defined in section 52.1 of title 10, Code of 
     Federal Regulations (or a successor regulation)) to 
     demonstrate an advanced nuclear reactor on a Department of 
     Energy site or critical national security infrastructure (as 
     defined in section 327(d) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1722)) site.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2024.
       (k) Clarification on Fusion Regulation.--Section 103(a)(4) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439) is amended--
       (1) by striking ``Not later'' and inserting the following:
       ``(A) In general.--Not later''; and
       (2) by adding at the end the following:
       ``(B) Exclusion of fusion reactors.--For purposes of 
     subparagraph (A), the term `advanced reactor applicant' does 
     not include an applicant seeking a license for a fusion 
     reactor.''.
       (l) Regulatory Issues for Nuclear Facilities at Brownfield 
     Sites.--
       (1) Definitions.--
       (A) Brownfield site.--The term ``brownfield site'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (B) Production facility.--The term ``production facility'' 
     has the meaning given the term in section 11 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014).
       (C) Retired fossil fuel site.--The term ``retired fossil 
     fuel site'' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.
       (D) Utilization facility.--The term ``utilization 
     facility'' has the meaning given the term in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014).
       (2) Identification of regulatory issues.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall evaluate the 
     extent to which modification of regulations, guidance, or 
     policy is needed to enable timely licensing reviews for, and 
     to support the oversight of, production facilities or 
     utilization facilities at brownfield sites.
       (B) Requirement.--In carrying out subparagraph (A), the 
     Commission shall consider how licensing reviews for 
     production facilities or utilization facilities at brownfield 
     sites may be expedited by considering matters relating to 
     siting and operating a production facility or a utilization 
     facility at or near a retired fossil fuel site to support--
       (i) the reuse of existing site infrastructure, including--

       (I) electric switchyard components and transmission 
     infrastructure;
       (II) heat-sink components;
       (III) steam cycle components;
       (IV) roads;
       (V) railroad access; and
       (VI) water availability;

       (ii) the use of early site permits;
       (iii) the utilization of plant parameter envelopes or 
     similar standardized site parameters on a portion of a larger 
     site; and
       (iv) the use of a standardized application for similar 
     sites.
       (C) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing any 
     regulations, guidance, and policies identified under 
     subparagraph (A).
       (3) Licensing.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall--
       (i) develop and implement strategies to enable timely 
     licensing reviews for, and to support the oversight of, 
     production facilities or utilization facilities at brownfield 
     sites, including retired fossil fuel sites; or
       (ii) initiate a rulemaking to enable timely licensing 
     reviews for, and to support the oversight of, of production 
     facilities or utilization facilities at brownfield sites, 
     including retired fossil fuel sites.
       (B) Requirements.--In carrying out subparagraph (A), 
     consistent with the mission of the Commission, the Commission 
     shall consider matters relating to--
       (i) the use of existing site infrastructure;
       (ii) existing emergency preparedness organizations and 
     planning;
       (iii) the availability of historical site-specific 
     environmental data;
       (iv) previously approved environmental reviews required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.);
       (v) activities associated with the potential 
     decommissioning of facilities or decontamination and 
     remediation at brownfield sites; and
       (vi) community engagement and historical experience with 
     energy production.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     actions taken by the Commission under paragraph (3).
       (m) Appalachian Regional Commission Nuclear Energy 
     Development.--
       (1) In general.--Subchapter I of chapter 145 of subtitle IV 
     of title 40, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 14512. Appalachian Regional Commission nuclear energy 
       development

       ``(a) Definitions.--In this section:
       ``(1) Brownfield site.--The term `brownfield site' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       ``(2) Production facility.--The term `production facility' 
     has the meaning given the term in section 11 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014).
       ``(3) Retired fossil fuel site.--The term `retired fossil 
     fuel site' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.
       ``(4) Utilization facility.--The term `utilization 
     facility' has the meaning given the term in section 11 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014).
       ``(b) Authority.--The Appalachian Regional Commission may 
     provide technical assistance to, make grants to, enter into 
     contracts with, or otherwise provide amounts to individuals 
     or entities in the Appalachian region for projects and 
     activities--
       ``(1) to conduct research and analysis regarding the 
     economic impact of siting, constructing, and operating a 
     production facility or a utilization facility at a brownfield 
     site, including a retired fossil fuel site;
       ``(2) to assist with workforce training or retraining to 
     perform activities relating to the siting and operation of a 
     production facility or a utilization facility at a brownfield 
     site, including a retired fossil fuel site; and
       ``(3) to engage with the Nuclear Regulatory Commission, the 
     Department of Energy, and other Federal agencies with 
     expertise in civil nuclear energy.
       ``(c) Limitation on Available Amounts.--Of the cost of any 
     project or activity eligible for a grant under this section--
       ``(1) except as provided in paragraphs (2) and (3), not 
     more than 50 percent may be provided from amounts made 
     available to carry out this section;
       ``(2) in the case of a project or activity to be carried 
     out in a county for which a distressed county designation is 
     in effect under section 14526, not more than 80 percent may 
     be provided from amounts made available to carry out this 
     section; and
       ``(3) in the case of a project or activity to be carried 
     out in a county for which an at-risk county designation is in 
     effect under section 14526, not more than 70 percent may be 
     provided from amounts made available to carry out this 
     section.
       ``(d) Sources of Assistance.--Subject to subsection (c), a 
     grant provided under this section may be provided from 
     amounts made available to carry out this section, in 
     combination with amounts made available--
       ``(1) under any other Federal program; or
       ``(2) from any other source.
       ``(e) Federal Share.--Notwithstanding any provision of law 
     limiting the Federal share under any other Federal program, 
     amounts made available to carry out this section may be used 
     to increase that Federal share, as the Appalachian Regional 
     Commission determines to be appropriate.''.
       (2) Authorization of appropriations.--Section 14703 of 
     title 40, United States Code, is amended--
       (A) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (B) by inserting after subsection (d) the following:
       ``(e) Appalachian Regional Commission Nuclear Energy 
     Development.--Of the amounts made available under subsection 
     (a), $5,000,000 may be used to carry out section 14512 for 
     each of fiscal years 2023 through 2026.''.
       (3) Clerical amendment.--The analysis for subchapter I of 
     chapter 145 of subtitle IV of title 40, United States Code, 
     is amended by striking the item relating to section 14511 and 
     inserting the following:

``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
       (n) Investment by Allies.--
       (1) In general.--The prohibitions against issuing certain 
     licenses for utilization facilities to certain corporations 
     and other entities described in the second sentence of 
     section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(d)) and the second sentence of section 104 d. of that 
     Act (42 U.S.C. 2134(d)) shall not apply to an entity 
     described in paragraph (2) if the Commission determines that 
     issuance of the applicable license to that entity is not 
     inimical to--
       (A) the common defense and security; or
       (B) the health and safety of the public.
       (2) Entities described.--
       (A) In general.--An entity referred to in paragraph (1) is 
     a corporation or other entity that is owned, controlled, or 
     dominated by--
       (i) the government of--

       (I) a country that is a member of the Organisation for 
     Economic Co-operation and Development on the date of 
     enactment of this Act, subject to subparagraph (B); or
       (II) the Republic of India;

[[Page S2949]]

       (ii) a corporation that is incorporated in a country 
     described in subclause (I) or (II) of clause (i); or
       (iii) an alien who is a national of a country described in 
     subclause (I) or (II) of clause (i).
       (B) Exclusion.--An entity described in subparagraph 
     (A)(i)(I) is not an entity referred to in paragraph (1), and 
     paragraph (1) shall not apply to that entity, if, on the date 
     of enactment of this Act--
       (i) the entity (or any department, agency, or 
     instrumentality of the entity) is a person subject to 
     sanctions under section 231 of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525); or
       (ii) any citizen of the entity, or any entity organized 
     under the laws of, or otherwise subject to the jurisdiction 
     of, the entity, is a person subject to sanctions under that 
     section.
       (3) Technical amendment.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence, by striking ``any any'' and inserting 
     ``any''.
       (4) Savings clause.--Nothing in this subsection affects the 
     requirements of section 721 of the Defense Production Act of 
     1950 (50 U.S.C. 4565).
       (o) Extension of the Price-Anderson Act.--
       (1) Extension.--Section 170 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson 
     Act'') is amended by striking ``December 31, 2025'' each 
     place it appears and inserting ``December 31, 2045''.
       (2) Liability.--Section 170 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson 
     Act'') is amended--
       (A) in subsection d. (5), by striking ``$500,000,000'' and 
     inserting ``$2,000,000,000''; and
       (B) in subsection e. (4), by striking ``$500,000,000'' and 
     inserting ``$2,000,000,000''.
       (3) Report.--Section 170 p. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
     Anderson Act'') is amended by striking ``December 31, 2021'' 
     and inserting ``December 31, 2041''.
       (4) Definition of nuclear incident.--Section 11 q. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in 
     the second proviso, by striking ``if such occurrence'' and 
     all that follows through ``United States:'' and inserting a 
     colon.
       (p) Report on Advanced Methods of Manufacturing and 
     Construction for Nuclear Energy Applications.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') on manufacturing and 
     construction for nuclear energy applications.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) National Laboratories;
       (D) institutions of higher education;
       (E) nuclear and manufacturing technology developers;
       (F) the manufacturing and construction industries, 
     including manufacturing and construction companies with 
     operating facilities in the United States;
       (G) standards development organizations;
       (H) labor unions;
       (I) nongovernmental organizations; and
       (J) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall--
       (i) examine any unique licensing issues or requirements 
     relating to the use of innovative--

       (I) advanced manufacturing processes;
       (II) advanced construction techniques; and
       (III) rapid improvement or iterative innovation processes;

       (ii) examine--

       (I) the requirements for nuclear-grade components in 
     manufacturing and construction for nuclear energy 
     applications;
       (II) opportunities to use standard materials, parts, or 
     components in manufacturing and construction for nuclear 
     energy applications;
       (III) opportunities to use standard materials that are in 
     compliance with existing codes to provide acceptable 
     approaches to support or encapsulate new materials that do 
     not yet have applicable codes; and
       (IV) requirements relating to the transport of a fueled 
     advanced nuclear reactor core from a manufacturing licensee 
     to a licensee that holds a license to construct and operate a 
     facility at a particular site;

       (iii) identify any safety aspects of innovative advanced 
     manufacturing processes and advanced construction techniques 
     that are not addressed by existing codes and standards, so 
     that generic guidance may be updated or created, as 
     necessary;
       (iv) identify options for addressing the issues, 
     requirements, and opportunities examined under clauses (i) 
     and (ii)--

       (I) within the existing regulatory framework; or
       (II) through a new rulemaking;

       (v) identify how addressing the issues, requirements, and 
     opportunities examined under clauses (i) and (ii) will impact 
     opportunities for domestic nuclear manufacturing and 
     construction developers; and
       (vi) describe the extent to which Commission action is 
     needed to implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance for manufacturing and construction 
     for nuclear energy applications.
       (q) Nuclear Energy Traineeship.--Section 313 of division C 
     of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), 
     is amended--
       (1) in subsection (a), by striking ``Nuclear Regulatory'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (c)'' after 
     ``paragraph (2)'';
       (3) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (5); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       ``(4) National laboratory.--The term `National Laboratory' 
     has the meaning given the term in section 951(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16271(b)).'';
       (4) in subsection (d)(2), by striking ``Nuclear 
     Regulatory'';
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (6) by inserting after subsection (b) the following:
       ``(c) Nuclear Energy Traineeship Subprogram.--
       ``(1) In general.--The Commission shall establish, as a 
     subprogram of the Program, a nuclear energy traineeship 
     subprogram under which the Commission, in coordination with 
     institutions of higher education and trade schools, shall 
     competitively award traineeships that provide focused 
     training to meet critical mission needs of the Commission and 
     nuclear workforce needs, including needs relating to the 
     nuclear tradecraft workforce.
       ``(2) Requirements.--In carrying out the nuclear energy 
     traineeship subprogram described in paragraph (1), the 
     Commission shall--
       ``(A) coordinate with the Secretary of Energy to prioritize 
     the funding of traineeships that focus on--
       ``(i) nuclear workforce needs; and
       ``(ii) critical mission needs of the Commission;
       ``(B) encourage appropriate partnerships among--
       ``(i) National Laboratories;
       ``(ii) institutions of higher education;
       ``(iii) trade schools;
       ``(iv) the nuclear energy industry; and
       ``(v) other entities, as the Commission determines to be 
     appropriate; and
       ``(C) on an annual basis, evaluate nuclear workforce needs 
     for the purpose of implementing traineeships in focused 
     topical areas that--
       ``(i) address the workforce needs of the nuclear energy 
     community; and
       ``(ii) support critical mission needs of the Commission.''.
       (r) Report on Commission Readiness and Capacity to License 
     Additional Conversion and Enrichment Capacity to Reduce 
     Reliance on Uranium From Russia.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on the readiness 
     and capacity of the Commission to license additional 
     conversion and enrichment capacity at existing and new fuel 
     cycle facilities to reduce reliance on nuclear fuel that is 
     recovered, converted, enriched, or fabricated by an entity 
     that--
       (A) is owned or controlled by the Government of the Russian 
     Federation; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation.
       (2) Contents.--The report required under paragraph (1) 
     shall analyze how the capacity of the Commission to license 
     additional conversion and enrichment capacity at existing and 
     new fuel cycle facilities may conflict with or restrict the 
     readiness of the Commission to review advanced nuclear 
     reactor applications.
       (s) Annual Report on the Spent Nuclear Fuel and High-level 
     Radioactive Waste Inventory in the United States.--
       (1) Definitions.--In this subsection:
       (A) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (B) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (C) Standard contract.--The term ``standard contract'' has 
     the meaning given the term ``contract'' in section 961.3 of 
     title 10, Code of Federal Regulations (or a successor 
     regulation).
       (2) Report.--Not later than January 1, 2025, and annually 
     thereafter, the Secretary of Energy shall submit to Congress 
     a report that describes--
       (A) the annual and cumulative amount of payments made by 
     the United States to the

[[Page S2950]]

     holder of a standard contract due to a partial breach of 
     contract under the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101 et seq.) resulting in financial damages to the 
     holder;
       (B) the cumulative amount spent by the Department of Energy 
     since fiscal year 2008 to reduce future payments projected to 
     be made by the United States to any holder of a standard 
     contract due to a partial breach of contract under the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
       (C) the cumulative amount spent by the Department of Energy 
     to store, manage, and dispose of spent nuclear fuel and high-
     level radioactive waste in the United States as of the date 
     of the report;
       (D) the projected lifecycle costs to store, manage, 
     transport, and dispose of the projected inventory of spent 
     nuclear fuel and high-level radioactive waste in the United 
     States, including spent nuclear fuel and high-level 
     radioactive waste expected to be generated from existing 
     reactors through 2050;
       (E) any mechanisms for better accounting of liabilities for 
     the lifecycle costs of the spent nuclear fuel and high-level 
     radioactive waste inventory in the United States;
       (F) any recommendations for improving the methods used by 
     the Department of Energy for the accounting of spent nuclear 
     fuel and high-level radioactive waste costs and liabilities;
       (G) any actions taken in the previous fiscal year by the 
     Department of Energy with respect to interim storage; and
       (H) any activities taken in the previous fiscal year by the 
     Department of Energy to develop and deploy nuclear 
     technologies and fuels that enhance the safe transportation 
     or storage of spent nuclear fuel or high-level radioactive 
     waste, including technologies to protect against seismic, 
     flooding, and other extreme weather events.
       (t) Authorization of Appropriations for Superfund Actions 
     at Abandoned Mining Sites on Tribal Land.--
       (1) Definitions.--In this subsection:
       (A) Eligible non-NPL site.--The term ``eligible non-NPL 
     site'' means a site--
       (i) that is not on the National Priorities List; but
       (ii) with respect to which the Administrator determines 
     that--

       (I) the site would be eligible for listing on the National 
     Priorities List based on the presence of hazards from 
     contamination at the site, applying the hazard ranking system 
     described in section 105(c) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(c)); and
       (II) for removal site evaluations, engineering evaluations/
     cost analyses, remedial planning activities, remedial 
     investigations and feasibility studies, and other actions 
     taken pursuant to section 104(b) of that Act (42 U.S.C. 
     9604), the site--

       (aa) has undergone a pre-CERCLA screening; and
       (bb) is included in the Superfund Enterprise Management 
     System.
       (B) 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).
       (C) National priorities list.--The term ``National 
     Priorities List'' means the National Priorities List 
     developed by the President in accordance with section 
     105(a)(8)(B) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9605(a)(8)(B)).
       (D) Remedial action; removal; response.--The terms 
     ``remedial action'', ``removal'', and ``response'' have the 
     meanings given those terms in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601).
       (E) Tribal land.--The term ``Tribal land'' has the meaning 
     given the term ``Indian country'' in section 1151 of title 
     18, United States Code.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2023 through 
     2032, to remain available until expended--
       (A) $97,000,000 to the Administrator to carry out this 
     subsection (except for paragraph (4)); and
       (B) $3,000,000 to the Administrator of the Agency for Toxic 
     Substances and Disease Registry to carry out paragraph (4).
       (3) Uses of amounts.--Amounts appropriated under paragraph 
     (2)(A) shall be used by the Administrator--
       (A) to carry out removal actions on abandoned mine land 
     located on Tribal land;
       (B) to carry out response actions, including removal and 
     remedial planning activities, removal and remedial studies, 
     remedial actions, and other actions taken pursuant to section 
     104(b) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)) 
     on abandoned mine land located on Tribal land at--
       (i) eligible non-NPL sites; and
       (ii) sites listed on the National Priorities List; and
       (C) to make grants under paragraph (5).
       (4) Health assessments.--Subject to the availability of 
     appropriations, the Agency for Toxic Substances and Disease 
     Registry, in coordination with Tribal health authorities, 
     shall perform 1 or more health assessments at each eligible 
     non-NPL site that is located on Tribal land, in accordance 
     with section 104(i)(6) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(i)(6)).
       (5) Tribal grants.--
       (A) In general.--The Administrator may use amounts 
     appropriated under paragraph (2)(A) to make grants to 
     eligible entities described in subparagraph (B) for the 
     purposes described in subparagraph (C).
       (B) Eligible entities described.--An eligible entity 
     referred to in subparagraph (A) is--
       (i) the governing body of an Indian Tribe; or
       (ii) a legally established organization of Indians that--

       (I) is controlled, sanctioned, or chartered by the 
     governing bodies of 2 or more Indian Tribes to be served, or 
     that is democratically elected by the adult members of the 
     Indian community to be served, by that organization; and
       (II) includes the maximum participation of Indians in all 
     phases of the activities of that organization.

       (C) Use of grant funds.--A grant under this paragraph shall 
     be used--
       (i) in accordance with the second sentence of section 
     117(e)(1) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9617(e)(1));
       (ii) for obtaining technical assistance in carrying out 
     response actions under clause (iii); or
       (iii) for carrying out response actions, if the 
     Administrator determines that the Indian Tribe has the 
     capability to carry out any or all of those response actions 
     in accordance with the criteria and priorities established 
     pursuant to section 105(a)(8) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(a)(8)).
       (D) Applications.--An eligible entity desiring a grant 
     under this paragraph shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator may require.
       (E) Limitations.--A grant under this paragraph shall be 
     governed by the rules, procedures, and limitations described 
     in section 117(e)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9617(e)(2)), except that--
       (i) ``Administrator of the Environmental Protection 
     Agency'' shall be substituted for ``President'' each place it 
     appears in that section; and
       (ii) in the first sentence of that section, ``under 
     subsection (t) of the ADVANCE Act of 2023'' shall be 
     substituted for ``under this subsection''.
       (6) Statute of limitations.--If a remedial action described 
     in paragraph (3)(B) is scheduled at an eligible non-NPL site, 
     no action may be commenced for damages (as defined in section 
     101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) 
     with respect to that eligible non-NPL site unless the action 
     is commenced within the timeframe provided for such actions 
     with respect to facilities on the National Priorities List in 
     the first sentence of the matter following subparagraph (B) 
     of section 113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
       (7) Coordination.--The Administrator shall coordinate with 
     the Indian Tribe on whose land the applicable site is located 
     in--
       (A) selecting and prioritizing sites for response actions 
     under subparagraphs (A) and (B) of paragraph (3); and
       (B) carrying out those response actions.
       (u) Development, Qualification, and Licensing of Advanced 
     Nuclear Fuel Concepts.--
       (1) In general.--The Commission shall establish an 
     initiative to enhance preparedness and coordination with 
     respect to the qualification and licensing of advanced 
     nuclear fuel.
       (2) Agency coordination.--Not later than 180 days after the 
     date of enactment of this Act, the Commission and the 
     Secretary of Energy shall enter into a memorandum of 
     understanding--
       (A) to share technical expertise and knowledge through--
       (i) enabling the testing and demonstration of accident 
     tolerant fuels for existing commercial nuclear reactors and 
     advanced nuclear reactor fuel concepts to be proposed and 
     funded, in whole or in part, by the private sector;
       (ii) operating a database to store and share data and 
     knowledge relevant to nuclear science and engineering between 
     Federal agencies and the private sector;
       (iii) leveraging expertise with respect to safety analysis 
     and research relating to advanced nuclear fuel; and
       (iv) enabling technical staff to actively observe and learn 
     about technologies, with an emphasis on identification of 
     additional information needed with respect to advanced 
     nuclear fuel; and
       (B) to ensure that--
       (i) the Department of Energy has sufficient technical 
     expertise to support the timely research, development, 
     demonstration, and commercial application of advanced nuclear 
     fuel;
       (ii) the Commission has sufficient technical expertise to 
     support the evaluation of applications for licenses, permits, 
     and design certifications and other requests for regulatory 
     approval for advanced nuclear fuel;
       (iii)(I) the Department of Energy maintains and develops 
     the facilities necessary to enable the timely research, 
     development, demonstration, and commercial application by the 
     civilian nuclear industry of advanced nuclear fuel; and

[[Page S2951]]

       (II) the Commission has access to the facilities described 
     in subclause (I), as needed; and
       (iv) the Commission consults, as appropriate, with the 
     modeling and simulation experts at the Office of Nuclear 
     Energy of the Department of Energy, at the National 
     Laboratories, and within industry fuel vendor teams in 
     cooperative agreements with the Department of Energy to 
     leverage physics-based computer modeling and simulation 
     capabilities.
       (3) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     efforts of the Commission under paragraph (1), including--
       (i) an assessment of the preparedness of the Commission to 
     review and qualify for use--

       (I) accident tolerant fuel;
       (II) ceramic cladding materials;
       (III) fuels containing silicon carbide;
       (IV) high-assay, low-enriched uranium fuels;
       (V) molten-salt based liquid fuels;
       (VI) fuels derived from spent nuclear fuel or depleted 
     uranium; and
       (VII) other related fuel concepts, as determined by the 
     Commission;

       (ii) activities planned or undertaken under the memorandum 
     of understanding described in paragraph (2);
       (iii) an accounting of the areas of research needed with 
     respect to advanced nuclear fuel; and
       (iv) any other challenges or considerations identified by 
     the Commission.
       (B) Consultation.--In developing the report under 
     subparagraph (A), the Commission shall seek input from--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the nuclear energy industry;
       (iv) technology developers;
       (v) nongovernmental organizations; and
       (vi) other public stakeholders.
       (v) Commission Workforce.--
       (1) Definition of chairman.--In this subsection, the term 
     ``Chairman'' means the Chairman of the Commission.
       (2) Hiring bonus and appointment authority.--
       (A) In general.--Notwithstanding section 161 d. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision 
     of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 
     app.), and any provision of title 5, United States Code, 
     governing appointments and General Schedule classification 
     and pay rates, the Chairman may, subject to the limitations 
     described in subparagraph (C), and without regard to the 
     civil service laws--
       (i) establish the positions described in subparagraph (B); 
     and
       (ii) appoint persons to the positions established under 
     clause (i).
       (B) Positions described.--The positions referred to in 
     subparagraph (A)(i) are--
       (i) permanent or term-limited positions with highly 
     specialized scientific, engineering, and technical 
     competencies to address a critical licensing or regulatory 
     oversight need for the Commission, including--

       (I) health physicist;
       (II) reactor operations engineer;
       (III) human factors analyst or engineer;
       (IV) risk and reliability analyst or engineer;
       (V) licensing project manager;
       (VI) reactor engineer for severe accidents;
       (VII) geotechnical engineer;
       (VIII) structural engineer;
       (IX) reactor systems engineer;
       (X) reactor engineer;
       (XI) radiation scientist;
       (XII) seismic engineer; and
       (XIII) electronics engineer; or

       (ii) permanent or term-limited positions to be filled by 
     exceptionally well-qualified individuals that the Chairman, 
     subject to paragraph (5), determines are necessary to fulfill 
     the mission of the Commission.
       (C) Limitations.--
       (i) In general.--Appointments under subparagraph (A)(ii) 
     may be made to not more than--

       (I)(aa) 15 permanent positions described in subparagraph 
     (B)(i) during fiscal year 2024; and
       (bb) 10 permanent positions described in subparagraph 
     (B)(i) during each fiscal year thereafter;
       (II)(aa) 15 term-limited positions described in 
     subparagraph (B)(i) during fiscal year 2024; and
       (bb) 10 term-limited positions described in subparagraph 
     (B)(i) during each fiscal year thereafter;
       (III)(aa) 15 permanent positions described in subparagraph 
     (B)(ii) during fiscal year 2024; and
       (bb) 10 permanent positions described in subparagraph 
     (B)(ii) during each fiscal year thereafter; and
       (IV)(aa) 15 term-limited positions described in 
     subparagraph (B)(ii) during fiscal year 2024; and
       (bb) 10 term-limited positions described in subparagraph 
     (B)(ii) during each fiscal year thereafter.

       (ii) Term of term-limited appointment.--If a person is 
     appointed to a term-limited position described in clause (i) 
     or (ii) of subparagraph (B), the term of that appointment 
     shall not exceed 4 years.
       (iii) Staff positions.--Subject to paragraph (5), 
     appointments made to positions established under this 
     paragraph shall be to a range of staff positions that are of 
     entry, mid, and senior levels, to the extent practicable.
       (D) Hiring bonus.--The Commission may pay a person 
     appointed under subparagraph (A) a 1-time hiring bonus in an 
     amount not to exceed the least of--
       (i) $25,000;
       (ii) the amount equal to 15 percent of the annual rate of 
     basic pay of the employee; and
       (iii) the amount of the limitation that is applicable for a 
     calendar year under section 5307(a)(1) of title 5, United 
     States Code.
       (3) Compensation and appointment authority.--
       (A) In general.--Notwithstanding section 161 d. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision 
     of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 
     app.), and chapter 51, and subchapter III of chapter 53, of 
     title 5, United States Code, the Chairman, subject to the 
     limitations described in subparagraph (C) and without regard 
     to the civil service laws, may--
       (i) establish and fix the rates of basic pay for the 
     positions described in subparagraph (B); and
       (ii) appoint persons to the positions established under 
     clause (i).
       (B) Positions described.--The positions referred to in 
     subparagraph (A)(i) are--
       (i) positions with highly specialized scientific, 
     engineering, and technical competencies to address a critical 
     need for the Commission, including--

       (I) health physicist;
       (II) reactor operations engineer;
       (III) human factors analyst or engineer;
       (IV) risk and reliability analyst or engineer;
       (V) licensing project manager;
       (VI) reactor engineer for severe accidents;
       (VII) geotechnical engineer;
       (VIII) structural engineer;
       (IX) reactor systems engineer;
       (X) reactor engineer;
       (XI) radiation scientist;
       (XII) seismic engineer; and
       (XIII) electronics engineer; or

       (ii) positions to be filled by exceptionally well-qualified 
     persons that the Chairman, subject to paragraph (5), 
     determines are necessary to fulfill the mission of the 
     Commission.
       (C) Limitations.--
       (i) In general.--The annual rate of basic pay for a 
     position described in subparagraph (B) may not exceed the per 
     annum rate of salary payable for level III of the Executive 
     Schedule under section 5314 of title 5, United States Code.
       (ii) Number of positions.--Appointments under subparagraph 
     (A)(ii) may be made to not more than--

       (I) 10 positions described in subparagraph (B)(i) per 
     fiscal year, not to exceed a total of 50 positions; and
       (II) 10 positions described in subparagraph (B)(ii) per 
     fiscal year, not to exceed a total of 50 positions.

       (D) Performance bonus.--
       (i) In general.--Subject to clauses (ii) and (iii), an 
     employee may be paid a 1-time performance bonus in an amount 
     not to exceed the least of--

       (I) $25,000;
       (II) the amount equal to 15 percent of the annual rate of 
     basic pay of the person; and
       (III) the amount of the limitation that is applicable for a 
     calendar year under section 5307(a)(1) of title 5, United 
     States Code.

       (ii) Performance.--Any 1-time performance bonus under 
     clause (i) shall be made to a person who demonstrated 
     exceptional performance in the applicable fiscal year, 
     including--

       (I) leading a project team in a timely, efficient, and 
     predictable licensing review to enable the safe use of 
     nuclear technology;
       (II) making significant contributions to a timely, 
     efficient, and predictable licensing review to enable the 
     safe use of nuclear technology;
       (III) the resolution of novel or first-of-a-kind regulatory 
     issues;
       (IV) developing or implementing licensing or regulatory 
     oversight processes to improve the effectiveness of the 
     Commission; and
       (V) other performance, as determined by the Chairman, 
     subject to paragraph (5).

       (iii) Limitations.--The Commission may pay a 1-time 
     performance bonus under clause (i) for not more than 15 
     persons per fiscal year, and a person who receives a 1-time 
     performance bonus under that clause may not receive another 
     1-time performance bonus under that clause for a period of 5 
     years thereafter.
       (4) Annual solicitation for nuclear regulator 
     apprenticeship network applications.--The Chairman, on an 
     annual basis, shall solicit applications for the Nuclear 
     Regulator Apprenticeship Network.
       (5) Application of merit system principles.--To the maximum 
     extent practicable, appointments under paragraphs (2)(A) and 
     (3)(A) and any 1-time performance bonus under paragraph 
     (3)(D) shall be made in accordance with the merit system 
     principles set forth in section 2301 of title 5, United 
     States Code.
       (6) Delegation.--Pursuant to Reorganization Plan No. 1 of 
     1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall 
     delegate, subject to the direction and supervision of the 
     Chairman, the authority provided by paragraphs (2), (3), and 
     (4) to the Executive Director for Operations of the 
     Commission.
       (7) Annual report.--The Commission shall include in the 
     annual budget justification of the Commission--
       (A) information that describes--

[[Page S2952]]

       (i) the total number of and the positions of the persons 
     appointed under the authority provided by paragraph (2);
       (ii) the total number of and the positions of the persons 
     paid at the rate determined under the authority provided by 
     paragraph (3)(A);
       (iii) the total number of and the positions of the persons 
     paid a 1-time performance bonus under the authority provided 
     by paragraph (3)(D);
       (iv) how the authority provided by paragraphs (2) and (3) 
     is being used, and has been used during the previous fiscal 
     year, to address the hiring and retention needs of the 
     Commission with respect to the positions described in those 
     subsections to which that authority is applicable;
       (v) if the authority provided by paragraphs (2) and (3) is 
     not being used, or has not been used, the reasons, including 
     a justification, for not using that authority; and
       (vi) the attrition levels with respect to the term-limited 
     appointments made under paragraph (2), including, with 
     respect to persons leaving a position before completion of 
     the applicable term of service, the average length of service 
     as a percentage of the term of service;
       (B) an assessment of--
       (i) the current critical workforce needs of the Commission, 
     including any critical workforce needs that the Commission 
     anticipates in the subsequent 5 fiscal years; and
       (ii) further skillsets that are or will be needed for the 
     Commission to fulfill the licensing and oversight 
     responsibilities of the Commission; and
       (C) the plans of the Commission to assess, develop, and 
     implement updated staff performance standards, training 
     procedures, and schedules.
       (8) Report on attrition and effectiveness.--Not later than 
     September 30, 2032, the Commission shall submit to the 
     Committees on Appropriations and Environment and Public Works 
     of the Senate and the Committees on Appropriations and Energy 
     and Commerce of the House of Representatives a report that--
       (A) describes the attrition levels with respect to the 
     term-limited appointments made under paragraph (2), 
     including, with respect to persons leaving a position before 
     completion of the applicable term of service, the average 
     length of service as a percentage of the term of service;
       (B) provides the views of the Commission on the 
     effectiveness of the authorities provided by paragraphs (2) 
     and (3) in helping the Commission fulfill the mission of the 
     Commission; and
       (C) makes recommendations with respect to whether the 
     authorities provided by paragraphs (2) and (3) should be 
     continued, modified, or discontinued.
       (w) Commission Corporate Support Funding.--
       (1) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress and make publicly 
     available a report that describes--
       (A) the progress on the implementation of section 102(a)(3) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(a)(3)); and
       (B) whether the Commission is meeting and is expected to 
     meet the total budget authority caps required for corporate 
     support under that section.
       (2) Limitation on corporate support costs.--Section 
     102(a)(3) of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215(a)(3)) is amended by striking 
     subparagraphs (B) and (C) and inserting the following:
       ``(B) 30 percent for fiscal year 2024 and each fiscal year 
     thereafter.''.
       (3) Corporate support costs clarification.--Paragraph (9) 
     of section 3 of the Nuclear Energy Innovation and 
     Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) 
     (as redesignated by subsection (g)(1)(A)) is amended--
       (A) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (B) by adding at the end the following:
       ``(B) Exclusions.--The term `corporate support costs' does 
     not include--
       ``(i) costs for rent and utilities relating to any and all 
     space in the Three White Flint North building that is not 
     occupied by the Commission; or
       ``(ii) costs for salaries, travel, and other support for 
     the Office of the Commission.''.
       (x) Performance and Reporting Update.--Section 102(c) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(c)) is amended--
       (1) in paragraph (3)--
       (A) in the paragraph heading, by striking ``180'' and 
     inserting ``90''; and
       (B) by striking ``180'' and inserting ``90''; and
       (2) by adding at the end the following:
       ``(4) Periodic updates to metrics and schedules.--
       ``(A) Review and assessment.--Not less frequently than once 
     every 3 years, the Commission shall review and assess, based 
     on the licensing and regulatory activities of the Commission, 
     the performance metrics and milestone schedules established 
     under paragraph (1).
       ``(B) Revisions.--After each review and assessment under 
     subparagraph (A), the Commission shall revise and improve, as 
     appropriate, the performance metrics and milestone schedules 
     described in that subparagraph to provide the most efficient 
     metrics and schedules reasonably achievable.''.
       (y) Nuclear Closure Communities.--
       (1) Definitions.--In this subsection:
       (A) Community advisory board.--The term ``community 
     advisory board'' means a community committee or other 
     advisory organization that aims to foster communication and 
     information exchange between a licensee planning for and 
     involved in decommissioning activities and members of the 
     community that decommissioning activities may affect.
       (B) Decommission.--The term ``decommission'' has the 
     meaning given the term in section 50.2 of title 10, Code of 
     Federal Regulations (or successor regulations).
       (C) Eligible recipient.--The term ``eligible recipient'' 
     has the meaning given the term in section 3 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3122).
       (D) Licensee.--The term ``licensee'' has the meaning given 
     the term in section 50.2 of title 10, Code of Federal 
     Regulations (or successor regulations).
       (E) Nuclear closure community.--The term ``nuclear closure 
     community'' means a unit of local government, including a 
     county, city, town, village, school district, or special 
     district, that has been impacted, or reasonably demonstrates 
     to the satisfaction of the Secretary that it will be 
     impacted, by a nuclear power plant licensed by the Commission 
     that--
       (i) is not co-located with an operating nuclear power 
     plant;
       (ii) is at a site with spent nuclear fuel; and
       (iii) as of the date of enactment of this Act--

       (I) has ceased operations; or
       (II) has provided a written notification to the Commission 
     that it will cease operations.

       (F) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Assistant Secretary of 
     Commerce for Economic Development.
       (2) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     grant program to provide grants to eligible recipients--
       (A) to assist with economic development in nuclear closure 
     communities; and
       (B) to fund community advisory boards in nuclear closure 
     communities.
       (3) Requirement.--In carrying out this subsection, to the 
     maximum extent practicable, the Secretary shall implement the 
     recommendations described in the report submitted to Congress 
     under section 108 of the Nuclear Energy Innovation and 
     Modernization Act (Public Law 115-439; 132 Stat. 5577) 
     entitled ``Best Practices for Establishment and Operation of 
     Local Community Advisory Boards Associated with 
     Decommissioning Activities at Nuclear Power Plants''.
       (4) Distribution of funds.--The Secretary shall establish a 
     formula to ensure, to the maximum extent practicable, 
     geographic diversity among grant recipients under this 
     subsection.
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Secretary--
       (i) to carry out paragraph (2)(A), $35,000,000 for each of 
     fiscal years 2023 through 2028; and
       (ii) to carry out paragraph (2)(B), $5,000,000 for each of 
     fiscal years 2023 through 2025.
       (B) Availability.--Amounts made available under this 
     subsection shall remain available for a period of 5 years 
     beginning on the date on which the amounts are made 
     available.
       (C) No offset.--None of the funds made available under this 
     subsection may be used to offset the funding for any other 
     Federal program.
       (z) Technical Correction.--Section 104 c. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
       (1) by striking the third sentence and inserting the 
     following:
       ``(3) Limitation on utilization facilities.--The Commission 
     may issue a license under this section for a utilization 
     facility useful in the conduct of research and development 
     activities of the types specified in section 31 if--
       ``(A) not more than 75 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale, other than for research and development or 
     education and training, of--
       ``(i) nonenergy services;
       ``(ii) energy; or
       ``(iii) a combination of nonenergy services and energy; and
       ``(B) not more than 50 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale of energy.'';
       (2) in the second sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(2) Regulation.--The Commission''; and
       (3) by striking ``c. The Commission'' and inserting the 
     following:
       ``c. Research and Development Activities.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Commission''.
       (aa) Report on Engagement With the Government of Canada 
     With Respect to Nuclear Waste Issues in the Great Lakes 
     Basin.--Not later than 1 year after the date of enactment of 
     this Act, the Commission shall submit to Congress a report 
     describing any engagement between the Commission and the 
     Government of Canada with respect

[[Page S2953]]

     to nuclear waste issues in the Great Lakes Basin.
                                 ______
                                 
  SA 797. Mr. SCHUMER (for himself, Mr. Rounds, Mr. Rubio, Mrs. 
Gillibrand, Mr. Young, and Mr. Heinrich) 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:

          TITLE _--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE

     SEC. __01. SHORT TITLE.

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

     SEC. __02. FINDINGS, DECLARATIONS, AND PURPOSES.

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

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Archivist.--The term ``Archivist'' means the Archivist 
     of the United States.
       (2) Close observer.--The term ``close observer'' means 
     anyone who has come into close proximity to unidentified 
     anomalous phenomena or non-human intelligence.
       (3) Collection.--The term ``Collection'' means the 
     Unidentified Anomalous Phenomena Records Collection 
     established under section __04.
       (4) Controlled disclosure campaign plan.--The term 
     ``Controlled Disclosure Campaign Plan'' means the Controlled 
     Disclosure Campaign Plan required by section __09(c)(3).
       (5) Controlling authority.--The term ``controlling 
     authority'' means any Federal, State, or local government 
     department, office, agency, committee, commission, commercial 
     company, academic institution, or private sector entity in 
     physical possession of technologies of unknown origin or 
     biological evidence of non-human intelligence.
       (6) Executive agency.--The term ``Executive agency'' means 
     an Executive agency, as defined in subsection 552(f) of title 
     5, United States Code.
       (7) Government office.--The term ``Government office'' 
     means any department, office, agency, committee, or 
     commission of the Federal Government and any independent 
     office or agency without exception that has possession or 
     control, including via contract or other agreement, of 
     unidentified anomalous phenomena records.
       (8) Identification aid.--The term ``identification aid'' 
     means the written description prepared for each record, as 
     required in section __04.
       (9) Leadership of congress.--The term ``leadership of 
     Congress'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (10) Legacy program.--The term ``legacy program'' means all 
     Federal, State, and local government, commercial industry, 
     academic, and private sector endeavors to collect, exploit, 
     or reverse engineer technologies of unknown origin or examine 
     biological evidence of living or deceased non-human 
     intelligence that pre-dates the date of the enactment of this 
     Act.
       (11) National archives.--The term ``National Archives'' 
     means the National Archives and Records Administration and 
     all components thereof, including presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code.
       (12) Non-human intelligence.--The term ``non-human 
     intelligence'' means any sentient intelligent non-human 
     lifeform regardless of nature or ultimate origin that may be 
     presumed responsible for unidentified anomalous phenomena or 
     of which the Federal Government has become aware.
       (13) Originating body.--The term ``originating body'' means 
     the Executive agency, Federal Government commission, 
     committee of Congress, or other Governmental entity that 
     created a record or particular information within a record.
       (14) Prosaic attribution.--The term ``prosaic attribution'' 
     means having a human (either foreign or domestic) origin and 
     operating according to current, proven, and generally 
     understood scientific and engineering principles and 
     established laws-of-nature and not attributable to non-human 
     intelligence.
       (15) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     unidentified anomalous phenomena records for historical and 
     Governmental purposes and for the purpose of fully informing 
     the people of the United States about the history of the 
     Federal Government's knowledge and involvement surrounding 
     unidentified anomalous phenomena.
       (16) Record.--The term ``record'' includes a book, paper, 
     report, memorandum, directive, email, text, or other form of 
     communication, or map, photograph, sound or video recording, 
     machine-readable material, computerized, digitized, or 
     electronic information, including intelligence, surveillance, 
     reconnaissance, and target acquisition sensor data, 
     regardless of the medium on which it is stored, or other 
     documentary material, regardless of its physical form or 
     characteristics.
       (17) Review board.--The term ``Review Board'' means the 
     Unidentified Anomalous Phenomena Records Review Board 
     established by section __07.
       (18) Technologies of unknown origin.--The term 
     ``technologies of unknown origin'' means any materials or 
     meta-materials, ejecta, crash debris, mechanisms, machinery, 
     equipment, assemblies or sub-assemblies, engineering models 
     or processes, damaged or intact aerospace vehicles, and 
     damaged or intact ocean-surface and undersea craft associated 
     with unidentified anomalous phenomena or incorporating 
     science and technology that lacks prosaic attribution or 
     known means of human manufacture.
       (19) Temporarily non-attributed objects.--
       (A) In general.--The term ``temporarily non-attributed 
     objects'' means the class of objects that temporarily resist 
     prosaic attribution by the initial observer as a result of 
     environmental or system limitations associated with the 
     observation process that nevertheless ultimately have an 
     accepted human origin or known physical cause. Although some 
     unidentified anomalous phenomena may at first be interpreted 
     as temporarily non-attributed objects, they are not 
     temporarily non-attributed objects, and the two categories 
     are mutually exclusive.
       (B) Inclusion.--The term ``temporarily non-attributed 
     objects'' includes--
       (i) natural celestial, meteorological, and undersea weather 
     phenomena;
       (ii) mundane human-made airborne objects, clutter, and 
     marine debris;
       (iii) Federal, State, and local government, commercial 
     industry, academic, and private sector aerospace platforms;
       (iv) Federal, State, and local government, commercial 
     industry, academic, and private sector ocean-surface and 
     undersea vehicles; and
       (v) known foreign systems.
       (20) Third agency.--The term ``third agency'' means a 
     Government agency that originated a unidentified anomalous 
     phenomena record that is in the possession of another 
     Government agency.
       (21) Unidentified anomalous phenomena.--
       (A) In general.--The term ``unidentified anomalous 
     phenomena'' means any object operating or judged capable of 
     operating in outer-space, the atmosphere, ocean surfaces, or 
     undersea lacking prosaic attribution due to performance 
     characteristics and properties not previously known to be 
     achievable

[[Page S2954]]

     based upon commonly accepted physical principles. 
     Unidentified anomalous phenomena are differentiated from both 
     attributed and temporarily non-attributed objects by one or 
     more of the following observables:
       (i) Instantaneous acceleration absent apparent inertia.
       (ii) Hypersonic velocity absent a thermal signature and 
     sonic shockwave.
       (iii) Transmedium (such as space-to-ground and air-to-
     undersea) travel.
       (iv) Positive lift contrary to known aerodynamic 
     principles.
       (v) Multispectral signature control.
       (vi) Physical or invasive biological effects to close 
     observers and the environment.
       (B) Inclusions.--The term ``unidentified anomalous 
     phenomena'' includes what were previously described as--
       (i) flying discs;
       (ii) flying saucers;
       (iii) unidentified aerial phenomena;
       (iv) unidentified flying objects (UFOs); and
       (v) unidentified submerged objects (USOs).
       (22) Unidentified anomalous phenomena record.--The term 
     ``unidentified anomalous phenomena record'' means a record 
     that is related to unidentified anomalous phenomena, 
     technologies of unknown origin, or non-human intelligence 
     (and all equivalent subjects by any other name with the 
     specific and sole exclusion of temporarily non-attributed 
     objects) that was created or made available for use by, 
     obtained by, or otherwise came into the possession of--
       (A) the Executive Office of the President;
       (B) the Department of Defense and its progenitors, the 
     Department of War and the Department of the Navy;
       (C) the Department of the Army;
       (D) the Department of the Navy;
       (E) the Department of the Air Force, specifically the Air 
     Force Office of Special Investigations;
       (F) the Department of Energy and its progenitors, the 
     Manhattan Project, the Atomic Energy Commission, and the 
     Energy Research and Development Administration;
       (G) the Office of the Director of National Intelligence;
       (H) the Central Intelligence Agency and its progenitor, the 
     Office of Strategic Services;
       (I) the National Reconnaissance Office;
       (J) the Defense Intelligence Agency;
       (K) the National Security Agency;
       (L) the National Geospatial-Intelligence Agency;
       (M) the National Aeronautics and Space Administration:
       (N) the Federal Bureau of Investigation;
       (O) the Federal Aviation Administration;
       (P) the National Oceanic and Atmospheric Administration;
       (Q) the Library of Congress;
       (R) the National Archives and Records Administration;
       (S) any Presidential library;
       (T) any Executive agency;
       (U) any independent office or agency;
       (V) any other department, office, agency, committee, or 
     commission of the Federal Government;
       (W) any State or local government department, office, 
     agency, committee, or commission that provided support or 
     assistance or performed work, in connection with a Federal 
     inquiry into unidentified anomalous phenomena, technologies 
     of unknown origin, or non-human intelligence; and
       (X) any private sector person or entity formerly or 
     currently under contract or some other agreement with the 
     Federal Government.

     SEC. __04. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS 
                   COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS 
                   ADMINISTRATION.

       (a) Establishment.--
       (1) In general.--(A) Not later than 60 days after the date 
     of the enactment of this Act, the Archivist shall commence 
     establishment of a collection of records in the National 
     Archives to be known as the ``Unidentified Anomalous 
     Phenomena Records Collection''.
       (B) In carrying out subparagraph (A), the Archivist shall 
     ensure the physical integrity and original provenance (or if 
     indeterminate, the earliest historical owner) of all records 
     in the Collection.
       (C) The Collection shall consist of record copies of all 
     Government, Government-provided, or Government-funded records 
     relating to unidentified anomalous phenomena, technologies of 
     unknown origin, and non-human intelligence (or equivalent 
     subjects by any other name with the specific and sole 
     exclusion of temporarily non-attributed objects), which shall 
     be transmitted to the National Archives in accordance with 
     section 2107 of title 44, United States Code.
       (D) The Archivist shall prepare and publish a subject 
     guidebook and index to the Collection.
       (2) Contents.--The Collection shall include the following:
       (A) All unidentified anomalous phenomena records, 
     regardless of age or date of creation--
       (i) that have been transmitted to the National Archives or 
     disclosed to the public in an unredacted form prior to the 
     date of the enactment of this Act;
       (ii) that are required to be transmitted to the National 
     Archives; and
       (iii) that the disclosure of which is postponed under this 
     Act.
       (B) A central directory comprised of identification aids 
     created for each record transmitted to the Archivist under 
     section __05.
       (C) All Review Board records as required by this Act.
       (b) Disclosure of Records.--All unidentified anomalous 
     phenomena records transmitted to the National Archives for 
     disclosure to the public shall--
       (1) be included in the Collection; and
       (2) be available to the public--
       (A) for inspection and copying at the National Archives 
     within 30 days after their transmission to the National 
     Archives; and
       (B) digitally via the National Archives online database 
     within a reasonable amount of time not to exceed 180 days 
     thereafter.
       (c) Fees for Copying.--The Archivist shall--
       (1) charge fees for copying unidentified anomalous 
     phenomena records; and
       (2) grant waivers of such fees pursuant to the standards 
     established by section 552(a)(4) of title 5, United States 
     Code.
       (d) Additional Requirements.--
       (1) Use of funds.--The Collection shall be preserved, 
     protected, archived, digitized, and made available to the 
     public at the National Archives and via the official National 
     Archives online database using appropriations authorized, 
     specified, and restricted for use under the terms of this 
     Act.
       (2) Security of records.--The National Security Program 
     Office at the National Archives, in consultation with the 
     National Archives Information Security Oversight Office, 
     shall establish a program to ensure the security of the 
     postponed unidentified anomalous phenomena records in the 
     protected, and yet-to-be disclosed or classified portion of 
     the Collection.
       (e) Oversight.--
       (1) Senate.--Unless otherwise determined by the Select 
     Committee on Intelligence of the Senate, the Committee on 
     Homeland Security and Governmental Affairs of the Senate 
     shall have continuing legislative oversight jurisdiction in 
     the Senate with respect to the Collection.
       (2) House of representatives.--Unless otherwise determined 
     appropriate by the Permanent Select Committee on Intelligence 
     of the House of Representatives, the Committee on Oversight 
     and Accountability of the House of Representatives shall have 
     continuing legislative oversight jurisdiction in the House of 
     Representatives with respect to the Collection.

     SEC. __05. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
                   NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF 
                   UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY 
                   GOVERNMENT OFFICES.

       (a) Identification, Organization, and Preparation for 
     Transmission.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, each head of a Government office 
     shall--
       (A) identify and organize records in the possession of the 
     Government office or under the control of the Government 
     office relating to unidentified anomalous phenomena; and
       (B) prepare such records for transmission to the Archivist 
     for inclusion in the Collection.
       (2) Prohibitions.--(A) No unidentified anomalous phenomena 
     record shall be destroyed, altered, or mutilated in any way.
       (B) No unidentified anomalous phenomena record made 
     available or disclosed to the public prior to the date of the 
     enactment of this Act may be withheld, redacted, postponed 
     for public disclosure, or reclassified.
       (C) No unidentified anomalous phenomena record created by a 
     person or entity outside the Federal Government (excluding 
     names or identities consistent with the requirements of 
     section __06) shall be withheld, redacted, postponed for 
     public disclosure, or reclassified.
       (b) Custody of Unidentified Anomalous Phenomena Records 
     Pending Review.--During the review by the heads of Government 
     offices under subsection (c) and pending review activity by 
     the Review Board, each head of a Government office shall 
     retain custody of the unidentified anomalous phenomena 
     records of the office for purposes of preservation, security, 
     and efficiency, unless--
       (1) the Review Board requires the physical transfer of the 
     records for purposes of conducting an independent and 
     impartial review;
       (2) transfer is necessary for an administrative hearing or 
     other Review Board function; or
       (3) it is a third agency record described in subsection 
     (c)(2)(C).
       (c) Review by Heads of Government Offices.--
       (1) In general.--Not later than 300 days after the date of 
     the enactment of this Act, each head of a Government office 
     shall review, identify, and organize each unidentified 
     anomalous phenomena record in the custody or possession of 
     the office for--
       (A) disclosure to the public;
       (B) review by the Review Board; and
       (C) transmission to the Archivist.
       (2) Requirements.--In carrying out paragraph (1), the head 
     of a Government office shall--
       (A) determine which of the records of the office are 
     unidentified anomalous phenomena records;
       (B) determine which of the unidentified anomalous phenomena 
     records of the office have been officially disclosed or made 
     publicly available in a complete and unredacted form;
       (C)(i) determine which of the unidentified anomalous 
     phenomena records of the office, or particular information 
     contained in such a record, was created by a third agency or 
     by another Government office; and

[[Page S2955]]

       (ii) transmit to a third agency or other Government office 
     those records, or particular information contained in those 
     records, or complete and accurate copies thereof;
       (D)(i) determine whether the unidentified anomalous 
     phenomena records of the office or particular information in 
     unidentified anomalous phenomena records of the office are 
     covered by the standards for postponement of public 
     disclosure under this title; and
       (ii) specify on the identification aid required by 
     subsection (d) the applicable postponement provision 
     contained in section __06;
       (E) organize and make available to the Review Board all 
     unidentified anomalous phenomena records identified under 
     subparagraph (D) the public disclosure of, which in-whole or 
     in-part, may be postponed under this title;
       (F) organize and make available to the Review Board any 
     record concerning which the office has any uncertainty as to 
     whether the record is an unidentified anomalous phenomena 
     record governed by this title;
       (G) give precedence of work to--
       (i) the identification, review, and transmission of 
     unidentified anomalous phenomena records not already publicly 
     available or disclosed as of the date of the enactment of 
     this Act;
       (ii) the identification, review, and transmission of all 
     records that most unambiguously and definitively pertain to 
     unidentified anomalous phenomena, technologies of unknown 
     origin, and non-human intelligence;
       (iii) the identification, review, and transmission of 
     unidentified anomalous phenomena records that on the date of 
     the enactment of this Act are the subject of litigation under 
     section 552 of title 5, United States Code; and
       (iv) the identification, review, and transmission of 
     unidentified anomalous phenomena records with earliest 
     provenance when not inconsistent with clauses (i) through 
     (iii) and otherwise feasible; and
       (H) make available to the Review Board any additional 
     information and records that the Review Board has reason to 
     believe the Review Board requires for conducting a review 
     under this title.
       (3) Priority of expedited review for directors of certain 
     archival depositories.--The Director of each archival 
     depository established under section 2112 of title 44, United 
     States Code, shall have as a priority the expedited review 
     for public disclosure of unidentified anomalous phenomena 
     records in the possession and custody of the depository, and 
     shall make such records available to the Review Board as 
     required by this title.
       (d) Identification Aids.--
       (1) In general.--(A) Not later than 45 days after the date 
     of the enactment of this Act, the Archivist, in consultation 
     with the heads of such Government offices as the Archivist 
     considers appropriate, shall prepare and make available to 
     all Government offices a standard form of identification, or 
     finding aid, for use with each unidentified anomalous 
     phenomena record subject to review under this title whether 
     in hardcopy (physical), softcopy (electronic), or digitized 
     data format as may be appropriate.
       (B) The Archivist shall ensure that the identification aid 
     program is established in such a manner as to result in the 
     creation of a uniform system for cataloging and finding every 
     unidentified anomalous phenomena record subject to review 
     under this title where ever and how ever stored in hardcopy 
     (physical), softcopy (electronic), or digitized data format.
       (2) Requirements for government offices.--Upon completion 
     of an identification aid using the standard form of 
     identification prepared and made available under subparagraph 
     (A) of paragraph (1) for the program established pursuant to 
     subparagraph (B) of such paragraph, the head of a Government 
     office shall--
       (A) attach a printed copy to each physical unidentified 
     anomalous phenomena record, and an electronic copy to each 
     softcopy or digitized data unidentified anomalous phenomena 
     record, the identification aid describes;
       (B) transmit to the Review Board a printed copy for each 
     physical unidentified anomalous phenomena record and an 
     electronic copy for each softcopy or digitized data 
     unidentified anomalous phenomena record the identification 
     aid describes; and
       (C) attach a printed copy to each physical unidentified 
     anomalous phenomena record, and an electronic copy to each 
     softcopy or digitized data unidentified anomalous phenomena 
     record the identification aid describes, when transmitted to 
     the Archivist.
       (3) Records of the national archives that are publicly 
     available.--Unidentified anomalous phenomena records which 
     are in the possession of the National Archives on the date of 
     the enactment of this Act, and which have been publicly 
     available in their entirety without redaction, shall be made 
     available in the Collection without any additional review by 
     the Review Board or another authorized office under this 
     title, and shall not be required to have such an 
     identification aid unless required by the Archivist.
       (e) Transmission to the National Archives.--Each head of a 
     Government office shall--
       (1) transmit to the Archivist, and make immediately 
     available to the public, all unidentified anomalous phenomena 
     records of the Government office that can be publicly 
     disclosed, including those that are publicly available on the 
     date of the enactment of this Act, without any redaction, 
     adjustment, or withholding under the standards of this title; 
     and
       (2) transmit to the Archivist upon approval for 
     postponement by the Review Board or upon completion of other 
     action authorized by this title, all unidentified anomalous 
     phenomena records of the Government office the public 
     disclosure of which has been postponed, in whole or in part, 
     under the standards of this title, to become part of the 
     protected, yet-to-be disclosed, or classified portion of the 
     Collection.
       (f) Custody of Postponed Unidentified Anomalous Phenomena 
     Records.--An unidentified anomalous phenomena record the 
     public disclosure of which has been postponed shall, pending 
     transmission to the Archivist, be held for reasons of 
     security and preservation by the originating body until such 
     time as the information security program has been established 
     at the National Archives as required in section __04(d)(2).
       (g) Periodic Review of Postponed Unidentified Anomalous 
     Phenomena Records.--
       (1) In general.--All postponed or redacted records shall be 
     reviewed periodically by the originating agency and the 
     Archivist consistent with the recommendations of the Review 
     Board in the Controlled Disclosure Campaign Plan under 
     section __09(c)(3)(B).
       (2) Requirements.--(A) A periodic review under paragraph 
     (1) shall address the public disclosure of additional 
     unidentified anomalous phenomena records in the Collection 
     under the standards of this title.
       (B) All postponed unidentified anomalous phenomena records 
     determined to require continued postponement shall require an 
     unclassified written description of the reason for such 
     continued postponement relevant to these specific records. 
     Such description shall be provided to the Archivist and 
     published in the Federal Register upon determination.
       (C) The time and release requirements specified in the 
     Controlled Disclosure Campaign Plan shall be revised or 
     amended only if the Review Board is still in session and 
     concurs with the rationale for postponement, subject to the 
     limitations in section __09(d)(1).
       (D) The periodic review of postponed unidentified anomalous 
     phenomena records shall serve to downgrade and declassify 
     security classified information.
       (E) Each unidentified anomalous phenomena record shall be 
     publicly disclosed in full, and available in the Collection, 
     not later than the date that is 25 years after the date of 
     the first creation of the record by the originating body, 
     unless the President certifies, as required by this title, 
     that--
       (i) continued postponement is made necessary by an 
     identifiable harm to the military defense, intelligence 
     operations, law enforcement, or conduct of foreign relations; 
     and
       (ii) the identifiable harm is of such gravity that it 
     outweighs the public interest in disclosure.
       (h) Requirements for Executive Agencies.--Executive 
     agencies shall--
       (1) transmit digital records electronically in accordance 
     with section 2107 of title 44, United States Code;
       (2) charge fees for copying unidentified anomalous 
     phenomena records; and
       (3) grant waivers of such fees pursuant to the standards 
     established by section 552(a)(4) of title 5, United States 
     Code.

     SEC. __06. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.

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

[[Page S2956]]

     and a cooperating individual or a foreign government, and 
     public disclosure would be so harmful that it outweighs the 
     public interest.

     SEC. __07. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED 
                   ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.

       (a) Establishment.--There is established as an independent 
     agency a board to be known as the ``Unidentified Anomalous 
     Phenomena Records Review Board''.
       (b) Appointment.--
       (1) In general.--The President, by and with the advice and 
     consent of the Senate, shall appoint, without regard to 
     political affiliation, 9 citizens of the United States to 
     serve as members of the Review Board to ensure and facilitate 
     the review, transmission to the Archivist, and public 
     disclosure of government records relating to unidentified 
     anomalous phenomena.
       (2) Period for nominations.--(A) The President shall make 
     nominations to the Review Board not later than 90 calendar 
     days after the date of the enactment of this Act.
       (B) If the Senate votes not to confirm a nomination to the 
     Review Board, the President shall make an additional 
     nomination not later than 30 days thereafter.
       (3) Consideration of recommendations.--(A) The President 
     shall make nominations to the Review Board after considering 
     persons recommended by the following:
       (i) The majority leader of the Senate.
       (ii) The minority leader of the Senate.
       (iii) The Speaker of the House of Representatives.
       (iv) The minority leader of the House of Representatives.
       (v) The Secretary of Defense.
       (vi) The National Academy of Sciences.
       (vii) The UAP Disclosure Foundation.
       (viii) The American Historical Association.
       (ix) Such other persons and organizations as the President 
     considers appropriate.
       (B) If an individual or organization described in 
     subparagraph (A) does not recommend at least 2 nominees 
     meeting the qualifications stated in paragraph (5) by the 
     date that is 45 days after the date of the enactment of this 
     Act, the President shall consider for nomination the persons 
     recommended by the other individuals and organizations 
     described in such subparagraph.
       (C) The President may request an individual or organization 
     described in subparagraph (A) to submit additional 
     nominations.
       (4) Qualifications.--Persons nominated to the Review 
     Board--
       (A) shall be impartial citizens, none of whom shall have 
     had any previous or current involvement with any legacy 
     program or controlling authority relating to the collection, 
     exploitation, or reverse engineering of technologies of 
     unknown origin or the examination of biological evidence of 
     living or deceased non-human intelligence;
       (B) shall be distinguished persons of high national 
     professional reputation in their respective fields who are 
     capable of exercising the independent and objective judgment 
     necessary to the fulfillment of their role in ensuring and 
     facilitating the review, transmission to the public, and 
     public disclosure of records related to the government's 
     understanding of, and activities associated with unidentified 
     anomalous phenomena, technologies of unknown origin, and non-
     human intelligence and who possess an appreciation of the 
     value of such material to the public, scholars, and 
     government; and
       (C) shall include at least--
       (i) 1 current or former national security official;
       (ii) 1 current or former foreign service official;
       (iii) 1 scientist or engineer;
       (iv) 1 economist;
       (v) 1 professional historian; and
       (vi) 1 sociologist.
       (c) Security Clearances.--
       (1) In general.--All Review Board nominees shall be granted 
     the necessary security clearances and accesses, including any 
     and all relevant Presidential, departmental, and agency 
     special access programs, in an accelerated manner subject to 
     the standard procedures for granting such clearances.
       (2) Qualification for nominees.--All nominees for 
     appointment to the Review Board under subsection (b) shall 
     qualify for the necessary security clearances and accesses 
     prior to being considered for confirmation by the Committee 
     on Homeland Security and Governmental Affairs of the Senate.
       (d) Confirmation Hearings.--
       (1) Holding hearings.--Unless the Senate designates a 
     different committee of jurisdiction, the Committee on 
     Homeland Security and Governmental Affairs of the Senate 
     shall hold confirmation hearings, and do so within 30 days 
     after the first date in which the Senate is in session after 
     the nomination of a minimum of 3 individuals for appointment 
     to the Review Board, including the Executive Director 
     established under section __08(a).
       (2) Committee voting.--Unless the Senate designates a 
     different committee of jurisdiction, the Committee on 
     Homeland Security and Governmental Affairs of the Senate 
     shall vote on the nominations, and do so within 14 days after 
     the first date on which the Senate is in session after the 
     confirmation hearings, and shall report its results to the 
     full Senate immediately.
       (3) Senate voting.--The Senate shall vote on each nominee 
     to confirm or reject within 14 days after the first date on 
     which the Senate is in session after reported by the 
     Committee on Homeland Security and Governmental Affairs or by 
     a different committee as determined by the Senate.
       (e) Vacancy.--A vacancy on the Review Board shall be filled 
     in the same manner as specified for original appointment 
     within 30 days of the occurrence of the vacancy.
       (f) Removal of Review Board Member.--
       (1) In general.--No member of the Review Board shall be 
     removed from office, other than--
       (A) by impeachment and conviction; or
       (B) by the action of the President for inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the member's duties.
       (2) Notice of removal.--(A) If a member of the Review Board 
     is removed from office, and that removal is by the President, 
     not later than 10 days after the removal, the President shall 
     submit to the leadership of Congress, the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives, or to alternative committees of jurisdiction 
     as determined by the Senate and the House of Representatives, 
     a report specifying the facts found and the grounds for the 
     removal.
       (B) The President shall publish in the Federal Register a 
     report submitted under subparagraph (A), except that the 
     President may, if necessary to protect the rights of a person 
     named in the report or to prevent undue interference with any 
     pending prosecution, postpone or refrain from publishing any 
     or all of the report until the completion of such pending 
     cases or pursuant to privacy protection requirements in law.
       (3) Judicial review.--(A) A member of the Review Board 
     removed from office may obtain judicial review of the removal 
     in a civil action commenced in the United States District 
     Court for the District of Columbia.
       (B) The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (g) Compensation of Members.--
       (1) In general.--A member of the Review Board, other than 
     the Executive Director under section __08(c)(1), shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (h) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     decisions on a determination by a Government office to seek 
     to postpone the disclosure of unidentified anomalous 
     phenomena records.
       (2) Considerations and rendering of decisions.--In carrying 
     out paragraph (1), the Review Board shall consider and render 
     decisions--
       (A) whether a record constitutes a unidentified anomalous 
     phenomena record; and
       (B) whether a unidentified anomalous phenomena record or 
     particular information in a record qualifies for postponement 
     of disclosure under this title.
       (i) Powers.--
       (1) In general.--The Review Board shall have the authority 
     to act in a manner prescribed under this title, including 
     authority--
       (A) to direct Government offices to complete identification 
     aids and organize unidentified anomalous phenomena records;
       (B) to direct Government offices to transmit to the 
     Archivist unidentified anomalous phenomena records as 
     required under this title, including segregable portions of 
     unidentified anomalous phenomena records and substitutes and 
     summaries of unidentified anomalous phenomena records that 
     can be publicly disclosed to the fullest extent;
       (C)(i) to obtain access to unidentified anomalous phenomena 
     records that have been identified and organized by a 
     Government office;
       (ii) to direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals which the Review Board has reason to believe 
     are required to fulfill its functions and responsibilities 
     under this title; and
       (iii) request the Attorney General to subpoena private 
     persons to compel testimony, records, and other information 
     relevant to its responsibilities under this title;
       (D) require any Government office to account in writing for 
     the destruction of any records relating to unidentified 
     anomalous phenomena, technologies of unknown origin, or non-
     human intelligence;
       (E) receive information from the public regarding the 
     identification and public disclosure of unidentified 
     anomalous phenomena records;
       (F) hold hearings, administer oaths, and subpoena witnesses 
     and documents;
       (G) use the Federal Acquisition Service in the same manner 
     and under the same conditions as other Executive agencies; 
     and

[[Page S2957]]

       (H) use the United States mails in the same manner and 
     under the same conditions as other Executive agencies.
       (2) Enforcement of subpoena.--A subpoena issued under 
     paragraph (1)(C)(iii) may be enforced by any appropriate 
     Federal court acting pursuant to a lawful request of the 
     Review Board.
       (j) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of section 
     6001 of title 18, United States Code. Witnesses, close 
     observers, and whistleblowers providing information directly 
     to the Review Board shall also be afforded the protections 
     provided to such persons specified under section 1673(b) of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 (50 U.S.C. 3373b(b)).
       (k) Oversight.--
       (1) Senate.--Unless otherwise determined by the Senate, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate shall have continuing legislative oversight 
     jurisdiction in the Senate with respect to the official 
     conduct of the Review Board and the disposition of postponed 
     records after termination of the Review Board, and shall have 
     access to any records held or created by the Review Board.
       (2) House of representatives.--Unless otherwise determined 
     appropriate by the House of Representatives, the Committee on 
     Oversight and Accountability of the House of Representatives 
     shall have continuing legislative oversight jurisdiction in 
     the House of Representatives with respect to the official 
     conduct of the Review Board and the disposition of postponed 
     records after termination of the Review Board, and shall have 
     access to any records held or created by the Review Board.
       (3) Duty to cooperate.--The Review Board shall have the 
     duty to cooperate with the exercise of oversight jurisdiction 
     described in this subsection.
       (l) Support Services.--The Administrator of the General 
     Services Administration shall provide administrative services 
     for the Review Board on a reimbursable basis.
       (m) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (n) Termination and Winding Down.--
       (1) In general.--The Review Board and the terms of its 
     members shall terminate not later than September 30, 2030, 
     unless extended by Congress.
       (2) Reports.--Upon its termination, the Review Board shall 
     submit to the President and Congress reports, including a 
     complete and accurate accounting of expenditures during its 
     existence and shall complete all other reporting requirements 
     under this title.
       (3) Transfer of records.--Upon termination and winding 
     down, the Review Board shall transfer all of its records to 
     the Archivist for inclusion in the Collection, and no record 
     of the Review Board shall be destroyed.

     SEC. __08. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW 
                   BOARD PERSONNEL.

       (a) Executive Director.--
       (1) Appointment.--Not later than 45 days after the date of 
     the enactment of this Act, the President shall appoint 1 
     citizen of the United States, without regard to political 
     affiliation, to the position of Executive Director of the 
     Review Board. This position counts as 1 of the 9 Review Board 
     members under section __07(b)(1).
       (2) Qualifications.--The person appointed as Executive 
     Director shall be a private citizen of integrity and 
     impartiality who--
       (A) is a distinguished professional; and
       (B) is not a present employee of the Federal Government; 
     and
       (C) has had no previous or current involvement with any 
     legacy program or controlling authority relating to the 
     collection, exploitation, or reverse engineering of 
     technologies of unknown origin or the examination of 
     biological evidence of living or deceased non-human 
     intelligence.
       (3) Security clearances.--(A) A candidate for Executive 
     Director shall be granted all the necessary security 
     clearances and accesses, including to relevant Presidential 
     and department or agency special access and compartmented 
     access programs in an accelerated manner subject to the 
     standard procedures for granting such clearances.
       (B) A candidate shall qualify for the necessary security 
     clearances and accesses prior to being appointed by the 
     President.
       (4) Functions.--The Executive Director shall--
       (A) serve as principal liaison to the Executive Office of 
     the President and Congress;
       (B) serve as Chairperson of the Review Board;
       (C) be responsible for the administration and coordination 
     of the Review Board's review of records;
       (D) be responsible for the administration of all official 
     activities conducted by the Review Board;
       (E) exercise tie-breaking Review Board authority to decide 
     or determine whether any record should be disclosed to the 
     public or postponed for disclosure; and
       (F) retain right-of-appeal directly to the President for 
     decisions pertaining to executive branch unidentified 
     anomalous phenomena records for which the Executive Director 
     and Review Board members may disagree.
       (5) Removal.--The Executive Director shall not be removed 
     for reasons other for cause on the grounds of inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the responsibilities of the 
     Executive Director or the staff of the Review Board.
       (b) Staff.--
       (1) In general.--The Review Board, without regard to the 
     civil service laws, may appoint and terminate additional 
     personnel as are necessary to enable the Review Board and its 
     Executive Director to perform the duties of the Review Board.
       (2) Qualifications.--Except as provided in subparagraph 
     (B), a person appointed to the staff of the Review Board 
     shall be a citizen of integrity and impartiality who has had 
     no previous or current involvement with any legacy program or 
     controlling authority relating to the collection, 
     exploitation, or reverse engineering of technologies of 
     unknown origin or the examination of biological evidence of 
     living or deceased non-human intelligence.
       (3) Security clearances.--(A) A candidate for staff shall 
     be granted the necessary security clearances (including all 
     necessary special access program clearances) in an 
     accelerated manner subject to the standard procedures for 
     granting such clearances.
       (B)(i) The Review Board may offer conditional employment to 
     a candidate for a staff position pending the completion of 
     security clearance background investigations. During the 
     pendency of such investigations, the Review Board shall 
     ensure that any such employee does not have access to, or 
     responsibility involving, classified or otherwise restricted 
     unidentified anomalous phenomena record materials.
       (ii) If a person hired on a conditional basis under clause 
     (i) is denied or otherwise does not qualify for all security 
     clearances necessary to carry out the responsibilities of the 
     position for which conditional employment has been offered, 
     the Review Board shall immediately terminate the person's 
     employment.
       (4) Support from national declassification center.--The 
     Archivist shall assign one representative in full-time 
     equivalent status from the National Declassification Center 
     to advise and support the Review Board disclosure 
     postponement review process in a non-voting staff capacity.
       (c) Compensation.--Subject to such rules as may be adopted 
     by the Review Board, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of that title 
     relating to classification and General Schedule pay rates--
       (1) the Executive Director shall be compensated at a rate 
     not to exceed the rate of basic pay for level II of the 
     Executive Schedule and shall serve the entire tenure as one 
     full-time equivalent; and
       (2) the Executive Director shall appoint and fix 
     compensation of such other personnel as may be necessary to 
     carry out this title.
       (d) Advisory Committees.--
       (1) Authority.--The Review Board may create advisory 
     committees to assist in fulfilling the responsibilities of 
     the Review Board under this title.
       (2) FACA.--Any advisory committee created by the Review 
     Board shall be subject to chapter 10 of title 5, United 
     States Code.
       (e) Security Clearance Required.--An individual employed in 
     any position by the Review Board (including an individual 
     appointed as Executive Director) shall be required to qualify 
     for any necessary security clearance prior to taking office 
     in that position, but may be employed conditionally in 
     accordance with subsection (b)(3)(B) before qualifying for 
     that clearance.

     SEC. __09. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS 
                   PHENOMENA RECORDS REVIEW BOARD.

       (a) Custody of Records Reviewed by Review Board.--Pending 
     the outcome of a review of activity by the Review Board, a 
     Government office shall retain custody of its unidentified 
     anomalous phenomena records for purposes of preservation, 
     security, and efficiency, unless--
       (1) the Review Board requires the physical transfer of 
     records for reasons of conducting an independent and 
     impartial review; or
       (2) such transfer is necessary for an administrative 
     hearing or other official Review Board function.
       (b) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date of its 
     appointment, publish a schedule in the Federal Register for 
     review of all unidentified anomalous phenomena records;
       (2) not later than 180 days after the date of the enactment 
     of this Act, begin its review of unidentified anomalous 
     phenomena records under this title; and
       (3) periodically thereafter as warranted, but not less 
     frequently than semiannually, publish a revised schedule in 
     the Federal Register addressing the review and inclusion of 
     any unidentified anomalous phenomena records subsequently 
     discovered.
       (c) Determinations of the Review Board.--
       (1) In general.--The Review Board shall direct that all 
     unidentified anomalous phenomena records be transmitted to 
     the Archivist and disclosed to the public in the Collection 
     in the absence of clear and convincing evidence that--
       (A) a Government record is not an unidentified anomalous 
     phenomena record; or
       (B) a Government record, or particular information within 
     an unidentified anomalous

[[Page S2958]]

     phenomena record, qualifies for postponement of public 
     disclosure under this title.
       (2) Requirements.--In approving postponement of public 
     disclosure of a unidentified anomalous phenomena record, the 
     Review Board shall seek to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of such a record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     title, which of the following alternative forms of disclosure 
     shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     unidentified anomalous phenomena record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a unidentified anomalous phenomena 
     record.
       (3) Controlled disclosure campaign plan.--With respect to 
     unidentified anomalous phenomena records, particular 
     information in unidentified anomalous phenomena records, 
     recovered technologies of unknown origin, and biological 
     evidence for non-human intelligence the public disclosure of 
     which is postponed pursuant to section __06, or for which 
     only substitutions or summaries have been disclosed to the 
     public, the Review Board shall create and transmit to the 
     President and to the Archivist a Controlled Disclosure 
     Campaign Plan, with classified appendix, containing--
       (A) a description of actions by the Review Board, the 
     originating body, the President, or any Government office 
     (including a justification of any such action to postpone 
     disclosure of any record or part of any record) and of any 
     official proceedings conducted by the Review Board with 
     regard to specific unidentified anomalous phenomena records; 
     and
       (B) a benchmark-driven plan, based upon a review of the 
     proceedings and in conformity with the decisions reflected 
     therein, recommending precise requirements for periodic 
     review, downgrading, and declassification as well as the 
     exact time or specified occurrence following which each 
     postponed item may be appropriately disclosed to the public 
     under this title.
       (4) Notice following review and determination.--(A) 
     Following its review and a determination that a unidentified 
     anomalous phenomena record shall be publicly disclosed in the 
     Collection or postponed for disclosure and held in the 
     protected Collection, the Review Board shall notify the head 
     of the originating body of the determination of the Review 
     Board and publish a copy of the determination in the Federal 
     Register within 14 days after the determination is made.
       (B) Contemporaneous notice shall be made to the President 
     for Review Board determinations regarding unidentified 
     anomalous phenomena records of the executive branch of the 
     Federal Government, and to the oversight committees 
     designated in this title in the case of records of the 
     legislative branch of the Federal Government. Such notice 
     shall contain a written unclassified justification for public 
     disclosure or postponement of disclosure, including an 
     explanation of the application of any standards contained in 
     section __06.
       (d) Presidential Authority Over Review Board 
     Determination.--
       (1) Public disclosure or postponement of disclosure.--After 
     the Review Board has made a formal determination concerning 
     the public disclosure or postponement of disclosure of an 
     unidentified anomalous phenomena record of the executive 
     branch of the Federal Government or information within such a 
     record, or of any information contained in a unidentified 
     anomalous phenomena record, obtained or developed solely 
     within the executive branch of the Federal Government, the 
     President shall--
       (A) have the sole and nondelegable authority to require the 
     disclosure or postponement of such record or information 
     under the standards set forth in section __06; and
       (B) provide the Review Board with both an unclassified and 
     classified written certification specifying the President's 
     decision within 30 days after the Review Board's 
     determination and notice to the executive branch agency as 
     required under this title, stating the justification for the 
     President's decision, including the applicable grounds for 
     postponement under section __06, accompanied by a copy of the 
     identification aid required under section __04.
       (2) Periodic review.--(A) Any unidentified anomalous 
     phenomena record postponed by the President shall henceforth 
     be subject to the requirements of periodic review, 
     downgrading, declassification, and public disclosure in 
     accordance with the recommended timeline and associated 
     requirements specified in the Controlled Disclosure Campaign 
     Plan unless these conflict with the standards set forth in 
     section __06.
       (B) This paragraph supersedes all prior declassification 
     review standards that may previously have been deemed 
     applicable to unidentified anomalous phenomena records.
       (3) Record of presidential postponement.--The Review Board 
     shall, upon its receipt--
       (A) publish in the Federal Register a copy of any 
     unclassified written certification, statement, and other 
     materials transmitted by or on behalf of the President with 
     regard to postponement of unidentified anomalous phenomena 
     records; and
       (B) revise or amend recommendations in the Controlled 
     Disclosure Campaign Plan accordingly.
       (e) Notice to Public.--Every 30 calendar days, beginning on 
     the date that is 60 calendar days after the date on which the 
     Review Board first approves the postponement of disclosure of 
     a unidentified anomalous phenomena record, the Review Board 
     shall publish in the Federal Register a notice that 
     summarizes the postponements approved by the Review Board or 
     initiated by the President, the Senate, or the House of 
     Representatives, including a description of the subject, 
     originating agency, length or other physical description, and 
     each ground for postponement that is relied upon to the 
     maximum extent classification restrictions permitting.
       (f) Reports by the Review Board.--
       (1) In general.--The Review Board shall report its 
     activities to the leadership of Congress, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Reform of the House of 
     Representatives, the President, the Archivist, and the head 
     of any Government office whose records have been the subject 
     of Review Board activity.
       (2) First report.--The first report shall be issued on the 
     date that is 1 year after the date of enactment of this Act, 
     and subsequent reports every 1 year thereafter until 
     termination of the Review Board.
       (3) Contents.--A report under paragraph (1) shall include 
     the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     personnel.
       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of unidentified anomalous 
     phenomena records.
       (C) The estimated time and volume of unidentified anomalous 
     phenomena records involved in the completion of the Review 
     Board's performance under this title.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to operate as required by this 
     title.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized by this title, and a record of the volume 
     of records reviewed and postponed.
       (F) Suggestions and requests to Congress for additional 
     legislative authority needs.
       (4) Copies and briefs.--Coincident with the reporting 
     requirements in paragraph (2), or more frequently as 
     warranted by new information, the Review Board shall provide 
     copies to, and fully brief, at a minimum the President, the 
     Archivist, leadership of Congress, and the Chairs and 
     Chairmen, as the case may be, and Ranking Members and Vice 
     Chairmen, as the case may be, of such other committees as 
     leadership of Congress determines appropriate on the 
     Controlled Disclosure Campaign Plan, classified appendix, and 
     postponed disclosures, specifically addressing--
       (A) recommendations for periodic review, downgrading, and 
     declassification as well as the exact time or specified 
     occurrence following which specific unidentified anomalous 
     phenomena records and material may be appropriately 
     disclosed;
       (B) the rationale behind each postponement determination 
     and the recommended means to achieve disclosure of each 
     postponed item;
       (C) any other findings that the Review Board chooses to 
     offer; and
       (D) an addendum containing copies of reports of postponed 
     records to the Archivist required under subsection (c)(3) 
     made since the date of the preceding report under this 
     subsection.
       (5) Notice.--At least 90 calendar days before completing 
     its work, the Review Board shall provide written notice to 
     the President and Congress of its intention to terminate its 
     operations at a specified date.
       (6) Briefing the all-domain anomaly resolution office.--
     Coincident with the provision in paragraph (5), if not 
     accomplished earlier under paragraph (4), the Review Board 
     shall brief the All-domain Anomaly Resolution Office 
     established pursuant to section 1683 of the National Defense 
     Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or 
     its successor, as subsequently designated by Act of Congress, 
     on the Controlled Disclosure Campaign Plan, classified 
     appendix, and postponed disclosures.

     SEC. __10. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN 
                   ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN 
                   INTELLIGENCE.

       (a) Exercise of Eminent Domain.--The Federal Government 
     shall exercise eminent domain over any and all recovered 
     technologies of unknown origin and biological evidence of 
     non-human intelligence that may be controlled by private 
     persons or entities in the interests of the public good.
       (b) Availability to Review Board.--Any and all such 
     material, should it exist, shall be made available to the 
     Review Board for personal examination and subsequent 
     disclosure determination at a location suitable to the 
     controlling authority of said material and in a timely manner 
     conducive to the objectives of the Review Board in accordance 
     with the requirements of this title.
       (c) Actions of Review Board.--In carrying out subsection 
     (b), the Review Board shall consider and render decisions--
       (1) whether the material examined constitutes technologies 
     of unknown origin or biological evidence of non-human 
     intelligence beyond a reasonable doubt;
       (2) whether recovered technologies of unknown origin, 
     biological evidence of non-

[[Page S2959]]

     human intelligence, or a particular subset of material 
     qualifies for postponement of disclosure under this title; 
     and
       (3) what changes, if any, to the current disposition of 
     said material should the Federal Government make to 
     facilitate full disclosure.
       (d) Review Board Access to Testimony and Witnesses.--The 
     Review Board shall have access to all testimony from 
     unidentified anomalous phenomena witnesses, close observers 
     and legacy program personnel and whistleblowers within the 
     Federal Government's possession as of and after the date of 
     the enactment of this Act in furtherance of Review Board 
     disclosure determination responsibilities in section __07(h) 
     and subsection (c) of this section.
       (e) Solicitation of Additional Witnesses.--The Review Board 
     shall solicit additional unidentified anomalous phenomena 
     witness and whistleblower testimony and afford protections 
     under section 1673(b) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) 
     if deemed beneficial in fulfilling Review Board 
     responsibilities under this title.

     SEC. __11. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
                   STUDY.

       (a) Materials Under Seal of Court.--
       (1) Information held under seal of a court.--The Review 
     Board may request the Attorney General to petition any court 
     in the United States or abroad to release any information 
     relevant to unidentified anomalous phenomena, technologies of 
     unknown origin, or non-human intelligence that is held under 
     seal of the court.
       (2) Information held under injunction of secretary of grand 
     jury.--(A) The Review Board may request the Attorney General 
     to petition any court in the United States to release any 
     information relevant to unidentified anomalous phenomena, 
     technologies of unknown origin, or non-human intelligence 
     that is held under the injunction of secrecy of a grand jury.
       (B) A request for disclosure of unidentified anomalous 
     phenomena, technologies of unknown origin, and non-human 
     intelligence materials under this title shall be deemed to 
     constitute a showing of particularized need under rule 6 of 
     the Federal Rules of Criminal Procedure.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under seal by a court or 
     under the injunction of secrecy of a grand jury;
       (2) the Secretary of State should contact any foreign 
     government that may hold material relevant to unidentified 
     anomalous phenomena, technologies of unknown origin, or non-
     human intelligence and seek disclosure of such material; and
       (3) all heads of Executive agencies should cooperate in 
     full with the Review Board to seek the disclosure of all 
     material relevant to unidentified anomalous phenomena, 
     technologies of unknown origin, and non-human intelligence 
     consistent with the public interest.

     SEC. __12. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this title requires 
     transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other provision 
     of law (except section 6103 of the Internal Revenue Code of 
     1986 specifying confidentiality and disclosure of tax returns 
     and tax return information), judicial decision construing 
     such provision of law, or common law doctrine that would 
     otherwise prohibit such transmission or disclosure, with the 
     exception of deeds governing access to or transfer or release 
     of gifts and donations of records to the United States 
     Government.
       (b) Freedom of Information Act.--Nothing in this title 
     shall be construed to eliminate or limit any right to file 
     requests with any executive agency or seek judicial review of 
     the decisions pursuant to section 552 of title 5, United 
     States Code.
       (c) Judicial Review.--Nothing in this title shall be 
     construed to preclude judicial review, under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this title.
       (d) Existing Authority.--Nothing in this title revokes or 
     limits the existing authority of the President, any executive 
     agency, the Senate, or the House of Representatives, or any 
     other entity of the Federal Government to publicly disclose 
     records in its possession.
       (e) Rules of the Senate and House of Representatives.--To 
     the extent that any provision of this title establishes a 
     procedure to be followed in the Senate or the House of 
     Representatives, such provision is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. __13. TERMINATION OF EFFECT OF TITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this title that pertain to the appointment and 
     operation of the Review Board shall cease to be effective 
     when the Review Board and the terms of its members have 
     terminated pursuant to section __07(n).
       (b) Other Provisions.--(1) The remaining provisions of this 
     title shall continue in effect until such time as the 
     Archivist certifies to the President and Congress that all 
     unidentified anomalous phenomena records have been made 
     available to the public in accordance with this title.
       (2) In facilitation of the provision in paragraph (1), the 
     All-domain Anomaly Resolution Office established pursuant to 
     section 1683 of the National Defense Authorization Act for 
     Fiscal Year 2022 (50 U.S.C. 3373), or its successor as 
     subsequently designated by Act of Congress, shall develop 
     standardized unidentified anomalous phenomena 
     declassification guidance applicable to any and all 
     unidentified anomalous phenomena records generated by 
     originating bodies subsequent to termination of the Review 
     Board consistent with the requirements and intent of the 
     Controlled Disclosure Campaign Plan with respect to 
     unidentified anomalous phenomena records originated prior to 
     Review Board termination.

     SEC. __14. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out the provisions of this title $20,000,000 for fiscal 
     year 2024.
       (b) Interim Funding.--Until such time as funds are 
     appropriated pursuant to subsection (a), the President may 
     use such sums as are available for discretionary use to carry 
     out this title.

     SEC. __15. SEVERABILITY.

       If any provision of this title or the application thereof 
     to any person or circumstance is held invalid, the remainder 
     of this title and the application of that provision to other 
     persons not similarly situated or to other circumstances 
     shall not be affected by the invalidation.
                                 ______
                                 
  SA 798. Mr. OSSOFF (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 V, insert the following:

     SEC. 5__. PROVISION OF FOOD ASSISTANCE PROGRAM INFORMATION AS 
                   PART OF TRANSITION ASSISTANCE PROGRAM.

       Section 1142(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(20) Information, counseling, and application assistance, 
     developed and provided in consultation with the Secretary of 
     Agriculture, regarding the supplemental nutrition assistance 
     program established under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.), the special supplemental nutrition 
     program for women, infants, and children established by 
     section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786), and any other Federal food and nutrition assistance 
     program administered by the Secretary of Agriculture.''.
                                 ______
                                 
  SA 799. Mr. OSSOFF 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 VIII, insert the 
     following:

     SEC. __. MODIFICATION OF COMMERCIAL ITEM EXCEPTION TO 
                   CERTIFIED COST OR PRICING DATA REQUIREMENTS.

       Section 3703(a)(2) of title 10, United States Code, is 
     amended by inserting ``other than through a sole source 
     acquisition of a commercial product or service that is not a 
     commercially available off-the-shelf item (as that term is 
     defined in section 104 of title 41)'' after ``commercial 
     product or a commercial service''.
                                 ______
                                 
  SA 800. Ms. CORTEZ MASTO (for herself, Mr. Daines, Ms. Rosen, and Ms. 
Ernst) 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 A of title XII, add the following:

     SEC. 1213. REPORT ON COORDINATION WITH PRIVATE ENTITIES AND 
                   STATE GOVERNMENTS WITH RESPECT TO THE STATE 
                   PARTNERSHIP PROGRAM.

       (a) In General.-- The Secretary of Defense shall submit to 
     Congress a report on the feasibility of coordinating with 
     private entities

[[Page S2960]]

     and State governments to provide resources and personnel to 
     support technical exchanges under the Department of Defense 
     State Partnership Program established under section 341 of 
     title 10, United States Code.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of the limitations of the State Partnership 
     Program.
       (2) The types of personnel and expertise that could be 
     helpful to partner country participants in the State 
     Partnership Program.
       (3) Any authority needed to leverage such expertise from 
     private entities and State governments, as applicable.
                                 ______
                                 
  SA 801. Ms. CORTEZ MASTO (for herself and Mr. Daines) 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 XII, add the following:

     SEC. 1269. FEASIBILITY STUDY ON ESTABLISHMENT OF INDO-PACIFIC 
                   MARITIME GOVERNANCE CENTER OF EXCELLENCE.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Commandant of the Coast Guard, shall conduct a 
     feasibility study on establishing an Indo-Pacific Maritime 
     Governance Center of Excellence focused on building partner 
     capacity for maritime governance. Such study shall include an 
     evaluation of each of the following:
       (1) The strategic importance of the Indo-Pacific region in 
     terms of maritime security and governance.
       (2) The existing maritime governance frameworks and 
     institutions in the Indo-Pacific region.
       (3) The potential contributions and benefits of 
     establishing a dedicated center for promoting maritime 
     governance in the Indo-Pacific region.
       (4) The potential roles, responsibilities, and 
     organizational structure of the center.
       (5) The required resources, funding, and personnel 
     necessary to establish and sustain the center.
       (6) The potential partnerships and collaborations with 
     regional and international stakeholders, including allied and 
     partner nations, nongovernmental organizations, and academic 
     institutions.
       (7) The legal and regulatory considerations, including any 
     necessary agreements or frameworks with other entities to 
     establish and operate the center.
       (8) Any other relevant factors the Secretary determines 
     necessary for the successful implementation of the center.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the study required under 
     subsection (a).
                                 ______
                                 
  SA 802. Mr. MORAN 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. ___. SENSE OF THE SENATE ON COUNTERING CHINESE ECONOMIC 
                   INFLUENCE IN THE INDO-PACIFIC REGION.

       (a) Findings.--Congress makes the following findings:
       (1) China has used economic coercion to pressure, punish, 
     and influence other countries in the Indo-Pacific region.
       (2) China's use of economic coercion to exert influence in 
     the region threatens the interests of the United States.
       (3) The Regional Comprehensive Economic Partnership serves 
     to strengthen China's economic power in the region.
       (4) Research shows that people throughout Southeast Asia 
     believe China is now the most influential economic power in 
     the region.
       (5) The United States' economic and commercial integration 
     with many Indo-Pacific partners lags behind that of China.
       (6) The United States has not concluded comprehensive, 
     high-standard economic agreements with most countries in the 
     Indo-Pacific.
       (7) Economic ties with Indo-Pacific partners are a crucial 
     complement to defense cooperation to counteract China's 
     influence.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States should seek to counteract China's 
     economic coercion of Indo-Pacific countries by expanding 
     trade, investment, and economic ties with Indo-Pacific 
     nations;
       (2) comprehensive, high-standard economic and commercial 
     accords between the United States and Indo-Pacific countries 
     are critical to countering China's economic influence; and
       (3) the United States should prioritize securing critical 
     supply chains in the region through robust economic and 
     commercial agreements.
                                 ______
                                 
  SA 803. 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 subtitle G of title X, insert 
     the following:

     SEC. ___. INTERAGENCY COUNCIL ON SERVICE.

       (a) Establishment.--
       (1) In general.--There is established an Interagency 
     Council on Service (in this section referred to as the 
     ``Council'').
       (2) Functions.--The Council shall--
       (A) advise the President with respect to promoting, 
     strengthening, and expanding opportunities for military 
     service, national service, and public service for all people 
     of the United States; and
       (B) review, assess, and coordinate holistic recruitment 
     strategies and initiatives of the executive branch to foster 
     an increased sense of service and civic responsibility among 
     all people of the United States and to explore ways of 
     enhancing connectivity of interested applicants to national 
     service programs and opportunities.
       (b) Composition.--
       (1) Membership.--The Council shall be composed of such 
     officers and employees of the Federal Government as the 
     President may designate, including not less than 1 such 
     officer or employee the appointment of whom as such officer 
     or employee was made by the President by and with the advice 
     and consent of the Senate.
       (2) Chair.--The President shall annually designate to serve 
     as the Chair of the Council a member of the Council under 
     paragraph (1), the appointment of whom as an officer or 
     employee of the Federal Government was made by the President 
     by and with the advice and consent of the Senate.
       (3) Meetings.--The Council shall meet on a quarterly basis 
     or more frequently as the Chair of the Council may direct.
       (c) Responsibilities of the Council.--The Council shall--
       (1) assist and advise the President in the establishment of 
     strategies, goals, objectives, and priorities to promote 
     service and civic responsibility among all people of the 
     United States;
       (2) develop and recommend to the President common 
     recruitment strategies and outreach opportunities for 
     increasing the participation, and propensity of people of the 
     United States to participate, in military service, national 
     service, and public service in order to address national 
     security and domestic investment;
       (3) serve as a forum for Federal officials responsible for 
     military service, national service, and public service 
     programs to, as feasible and practicable--
       (A) coordinate and share best practices for service 
     recruitment; and
       (B) develop common interagency, cross-service initiatives 
     and pilots for service recruitment;
       (4) lead a strategic, interagency coordinated effort on 
     behalf of the Federal Government to develop joint awareness 
     and recruitment, retention, and marketing initiatives 
     involving military service, national service, and public 
     service, including the sharing of marketing and recruiting 
     research between and among Council members;
       (5) consider approaches for assessing impacts of service on 
     the needs of the United States and individuals participating 
     in and benefitting from such service;
       (6) consult, as the Council considers advisable, with 
     representatives of non-Federal entities, including State, 
     local, and Tribal governments, State and local educational 
     agencies, State Service Commissions, institutions of higher 
     education, nonprofit organizations, philanthropic 
     organizations, and the private sector, in order to promote 
     and develop initiatives to foster and reward military 
     service, national service, and public service;
       (7) not later than 2 years after the date of enactment of 
     this Act, and quadrennially thereafter, prepare and submit to 
     the President and Congress a Service Strategy, which shall 
     set forth--
       (A) a review of programs and initiatives of the Federal 
     Government relating to the mandate of the Council;
       (B) a review of Federal Government online content relating 
     to the mandate of the Council, including user experience with 
     such content;
       (C) current and foreseeable trends for service to address 
     the needs of the United States;
       (D) recommended service recruitment strategies and branding 
     opportunities to address outreach and communication 
     deficiencies identified by the Council; and
       (E) to the extent practical, a joint service messaging 
     strategy for military service, national service, and public 
     service;
       (8) identify any notable initiatives by State, local, and 
     Tribal governments and by

[[Page S2961]]

     public and nongovernmental entities to increase awareness of 
     and participation in national service programs; and
       (9) perform such other functions as the President may 
     direct.
       (d) Definitions.--In this section:
       (1) Military service.--The term ``military service'' means 
     active service (as defined in subsection (d)(3) of section 
     101 of title 10, United States Code) or active status (as 
     defined in subsection (d)(4) of such section) in one of the 
     Armed Forces (as defined in subsection (a)(4) of such 
     section).
       (2) National service.--The term ``national service'' means 
     participation, other than military service or public service, 
     in a program that--
       (A) is designed to enhance the common good and meet the 
     needs of communities, the States, or the United States;
       (B) is funded or facilitated by--
       (i) an institution of higher education as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001); or
       (ii) the Federal Government or a State, Tribal, or local 
     government; and
       (C) is a program authorized in--
       (i) the Peace Corps Act (22 U.S.C. 2501 et seq.);
       (ii) section 171 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3226) relating to the YouthBuild 
     Program;
       (iii) the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4950 et seq.); or
       (iv) the National and Community Service Act of 1990 (42 
     U.S.C. 12501 et seq.).
       (3) Public service.--The term ``public service'' means 
     civilian employment in the Federal Government or a State, 
     Tribal, or local government.
       (4) Service.--The term ``service'' means a personal 
     commitment of time, energy, and talent to a mission that 
     contributes to the public good by protecting the Nation and 
     the citizens of the United States, strengthening communities, 
     States, or the United States, or promoting the general social 
     welfare.
       (5) State service commission.--The term ``State Service 
     Commission'' means a State Commission on National and 
     Community Service maintained by a State pursuant to section 
     178 of the National and Community Service Act of 1990 (42 
     U.S.C. 12638).
                                 ______
                                 
  SA 804. Mr. SCHATZ (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 B of title III, add the following:

     SEC. 316. PROHIBITION ON REUSE OF RED HILL BULK FUEL STORAGE 
                   FACILITY FOR FUEL STORAGE OR FUEL OPERATIONS.

       (a) In General.--After the Department of Defense and the 
     Department of the Navy have completed the defueling of the 
     Red Hill Bulk Fuel Storage Facility, the Secretary of Defense 
     may not--
       (1) use such facility for fuel storage or fuel operations; 
     or
       (2) use authorized or appropriated funds to enable the 
     reuse of such facility for fuel storage or fuel operations.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report detailing--
       (1) the efforts taken by the Secretary of Defense and the 
     Secretary of the Navy to ensure that the Red Hill Bulk Fuel 
     Storage Facility is unable to be used for fuel storage or 
     fuel operations on and after such date of enactment; and
       (2) an assessment of any remediation of such facility that 
     is required due to the historical storage of fuel at such 
     facility.
                                 ______
                                 
  SA 805. Mr. SCHATZ 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:

       Insert after section 1253 the following:

     SEC. 1253A. REPORT ON USE OF AUKUS PARTNERSHIP FUNDS.

       If the President has the authority to accept from the 
     Government of Australia monetary contributions made by the 
     Government of Australia for use by the Department of Defense 
     in support of non-nuclear related aspects of submarine 
     security activities among Australia, the United Kingdom, and 
     the United States and an AUKUS Submarine Security Activities 
     Account is established in the Treasury of the Untied States, 
     the President shall provide to Congress a report on any funds 
     not expended from such account, including--
       (1) an explanation as to why such funds were not used to 
     upgrade facilities at shipyards for infrastructure supporting 
     submarine maintenance, repairs, and sustainment;
       (2) a description of how funds in such account were used at 
     United States shipyards to recruit, train, and retain local 
     workforce talent to support the submarine industrial base; 
     and
       (3) a projection of workforce shortfalls and requirements 
     anticipated by the Department of Defense during the 
     subsequent 5-year period at each shipyard conducting 
     submarine industrial base work supporting activities of the 
     trilateral security partnership among the United States, the 
     United Kingdom, and Australia (commonly known as the ``AUKUS 
     partnership'') .
                                 ______
                                 
  SA 806. Mr. SCHATZ 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:

       Insert after section 1253 the following:

     SEC. 1253A. USES OF FUNDS RECEIVED FROM ANY TRANSFERS OF 
                   SUBMARINES TO AUSTRALIA UNDER THE AUKUS 
                   PARTNERSHIP.

       If the President is authorized to transfer submarines to 
     Australia under the security activities framework for the 
     partnership among Australia, the United Kingdom, and the 
     United States, carries out such a transfer, and the transfer 
     occurs in compliance with section 21 of the Arms Export 
     Control Act (22 U.S.C. 2761) and is not subject to section 36 
     of such Act (22 U.S.C. 2776) or section 8678 of title 10, 
     United States Code, the President may use funds received 
     pursuant to the transfer--
       (1) for the acquisition of submarines to replace the 
     submarines transferred to the Government of Australia;
       (2) for improvements to the submarine industrial base of 
     the United States; or
       (3) with respect to any public or private shipyard in the 
     United States at which the sustainment, repair, or upgrade of 
     submarines occurs and at which there are fewer individuals 
     employed in the submarine industrial base than are necessary 
     to efficiently carry out such activities, to improve the 
     training, retention, and recruitment of the submarine 
     industrial base workforce at such shipyard.

                          ____________________