[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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