[Congressional Record Volume 169, Number 125 (Thursday, July 20, 2023)]
[Senate]
[Pages S3464-S3500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 988. Ms. ERNST (for herself, Ms. Hirono, Mr. Kaine, and Mr. Van 
Hollen) submitted an amendment intended to be proposed to amendment SA 
935 proposed by Mr. Schumer (for Mr. Reed (for himself and Mr. Wicker)) 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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 ___--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND 
                          NATIONAL EMPOWERMENT

     SEC. __01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title 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 
     title is as follows:

  TITLE ___--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND 
                          NATIONAL EMPOWERMENT

Sec. __01. Short title; table of contents.
Sec. __02. Definitions.
Sec. __03. National security councils of specified countries.

     SEC. __02. DEFINITIONS.

       In this title:
       (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) 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).
       (4) Specified country.--The term ``specified country'' 
     means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands; and
       (C) the Republic of Palau.

     SEC. __03. NATIONAL SECURITY COUNCILS OF SPECIFIED COUNTRIES.

       (a) In General.--The Secretary of State, in consultation 
     with other relevant Federal departments and agencies, as 
     appropriate, may consult and engage with each specified 
     country to advise and provide assistance to a national 
     security council (including by developing a national security 
     council, if appropriate), or to identify a similar 
     coordinating body for national security matters, comprised of 
     citizens of the specified country--
       (1) that enables the specified country--
       (A) to better coordinate with the United States Government, 
     including the Armed Forces, as appropriate;
       (B) to increase cohesion on activities, including emergency 
     humanitarian response, law enforcement, and maritime security 
     activities; and
       (C) to provide trained professionals to serve as members of 
     the committees of the

[[Page S3465]]

     specified country established under the applicable Compact of 
     Free Association; and
       (2) for the purpose of enhancing resilience capabilities 
     and protecting the people, infrastructure, and territory of 
     the specified country from malign actions.
       (b) Composition.--The Secretary of State, respecting the 
     unique needs of each specified country, may seek to ensure 
     that the national security council, or other identified 
     coordinating body, 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 Director of National 
     Intelligence, may establish, as appropriate, for use by the 
     members and staff of the national security council, or other 
     identified coordinating body, of each specified country 
     standards and a process for vetting and sharing sensitive 
     information.
       (d) Standards for Equipment and Services.--The Secretary of 
     State may work with the national security council, or other 
     identified coordinating body, of each specified country to 
     ensure that--
       (1) the equipment and services used by the national 
     security council or other identified coordinating body are 
     compliant with security standards so as to minimize the risk 
     of cyberattacks or espionage;
       (2) the national security council or other identified 
     coordinating body takes all reasonable efforts not to procure 
     or use systems, equipment, or software that originates from 
     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); and
       (3) to the extent practicable, the equipment and services 
     used by the national security council or other identified 
     coordinating body are interoperable with the equipment and 
     services used by the national security councils, or other 
     identified coordinating bodies, of the other specified 
     countries.
       (e) Report on Implementation.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for two 
     years, the Secretary of State shall submit to the appropriate 
     committees of Congress a report that includes--
       (A) an assessment as to whether a national security council 
     or a similar formal coordinating body is helping or would 
     help achieve the objectives described in subsection (a) at 
     acceptable financial and opportunity cost;
       (B) a description of all actions taken by the United States 
     Government to assist in the identification or maintenance of 
     a national security council, or other identified coordinating 
     body, in each specified country;
       (C) with respect to each specified country, an assessment 
     as to whether--
       (i) the specified country has appropriately staffed its 
     national security council or other identified coordinating 
     body; and
       (ii) the extent to which the national security council, or 
     other identified coordinating body, of the specified country 
     is capable of carrying out the activities described in 
     subsection (f);
       (D) an assessment of--
       (i) any challenge to cooperation and coordination with the 
     national security council, or other identified coordinating 
     body, 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;
       (E) a description of any challenge with respect to--
       (i) the implementation of the national security council, or 
     other identified coordinating body, of any specified country; 
     and
       (ii) the implementation of subsections (a) through (d);
       (F) 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 other identified coordinating body, or an 
     immediate family member of such a member; and
       (G) any other matter the Secretary of State considers 
     relevant.
       (2) Form.--Each report required by paragraph (1) may be 
     submitted in unclassified form and may include a classified 
     annex.
       (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 national 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.
                                 ______
                                 
  SA 989. 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:

       Strike section 534 and insert the following:

     SEC. 534. MILITARY PERSONNEL: RECRUITING; MERIT-BASED 
                   DETERMINATIONS.

       (a) Recruiting.--Not later than September 30, 2024, the 
     Secretary of Defense shall prescribe regulations that any 
     effort to recruit an individual to serve in a covered Armed 
     Force may not take into account the race or gender of such 
     individual.
       (b) Merit-based Determinations.--Not later than September 
     30, 2024, the Secretary of Defense shall prescribe 
     regulations that, with regards to a military accession, 
     assignment, selection, or promotion--
       (1) a determination shall be made on the basis of merit in 
     order to advance those individuals who exhibit the talent and 
     abilities necessary to promote the national security of the 
     United States;
       (2) a candidate shall be evaluated on the bases of 
     qualifications, performance, integrity, fitness, training, 
     and conduct;
       (3) no determination may be based on favoritism or 
     nepotism; and
       (4) no quota may be used.
       (c) Covered Armed Force Defined.--In this section, the term 
     ``covered Armed Force'' means the following:
       (1) The Army.
       (2) The Navy.
       (3) The Marine Corps.
       (4) The Air Force.
       (5) The Space Force.
                                 ______
                                 
  SA 990. Mr. WELCH (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 633. REPORT ON EFFORTS TO CONDUCT OUTREACH TO MEMBERS OF 
                   THE ARMED FORCES REGARDING POSSIBLE TOXIC 
                   EXPOSURE.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     submit to the appropriate committees of Congress a report 
     on--
       (1) efforts by the Department of Defense to conduct risk 
     assessments for toxic exposure for members of the Armed 
     Forces assigned to work near burn pits;
       (2) steps taken by the Department to inform members of the 
     Armed Forces assigned to work near burn pits of--
       (A) risks of toxic exposure; and
       (B) benefits and support programs furnished by the 
     Secretary of Defense or the Secretary of Veterans Affairs 
     (including eligibility requirements and timelines) regarding 
     toxic exposure; and
       (3) specific areas of improvement and recommendations for 
     future action related to toxic exposure risk assessments and 
     subsequent outreach to members of the Armed Forces.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) Toxic exposure.--The term ``toxic exposure'' has the 
     meaning given that term in section 101 of title 38, United 
     States Code.
                                 ______
                                 
  SA 991. 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 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.

[[Page S3466]]

       (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 992. 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 D of title XXXI, 
     insert the following:

     SEC. 31____. PROHIBITION ON EXPORTS OF CRUDE OIL TO CERTAIN 
                   COUNTRIES.

       (a) Prohibitions.--Notwithstanding any other provision of 
     law, unless a waiver has been issued under subsection (b) 
     with respect to the applicable country, no crude oil that is 
     produced in the United States may be exported to the People's 
     Republic of China, the Russian Federation, the Democratic 
     People's Republic of Korea, or the Islamic Republic of Iran.
       (b) Waiver.--
       (1) In general.--On application, the Secretary of Energy 
     may waive the prohibition described in subsection (a) with 
     respect to the export of crude oil to the applicable country 
     under that subsection.
       (2) Requirement.--The Secretary of Energy may issue a 
     waiver under this subsection only if the Secretary determines 
     that the waiver is in the interest of the national security 
     of the United States.
       (3) Applications.--To be considered for a waiver under 
     paragraph (1), an application for a waiver referred to in 
     that paragraph shall be submitted to the Secretary of Energy 
     by such date, in such form, and containing such information 
     as the Secretary of Energy may require.
       (4) Notice to congress.--Not later than 15 days after 
     issuing a waiver under this subsection, the Secretary of 
     Energy shall provide a copy of the waiver to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 993. 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. ___. 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; and
       (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).
                                 ______
                                 
  SA 994. 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.

 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 science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk 
              assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau 
              of Investigation Richmond, Virginia, field office of 
              certain document.
Sec. 311. Office of Intelligence and Analysis.

                Subtitle B--Central Intelligence Agency

Sec. 321. Change to penalties and increased availability of mental 
              health treatment for unlawful conduct on Central 
              Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central 
              Intelligence Agency.

[[Page S3467]]

Sec. 323. Establishment of Central Intelligence Agency standard 
              workplace sexual misconduct complaint investigation 
              procedure.

             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 and Russian foreign 
              malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes 
              manufactured by countries of concern.

                  Subtitle B--Other Foreign Countries

Sec. 411. Report on efforts to capture and detain United States 
              citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National 
              Intelligence Priorities Framework.

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING 
         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

                      Subtitle A--General Matters

Sec. 501. Assignment of detailees from intelligence community to 
              Department of Commerce.
Sec. 502. Threats posed by information and communications technology 
              and services transactions and other activities.
Sec. 503. Support of intelligence community for export controls and 
              other missions of the Department of Commerce.

   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. Assessment of using civil nuclear energy for intelligence 
              community capabilities.
Sec. 513. Policies established by Director of National Intelligence for 
              artificial intelligence capabilities.

                    TITLE VI--WHISTLEBLOWER 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

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.

            Subtitle B--Sensible Classification Act of 2023

Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and 
              declassification.
Sec. 719. Studies and recommendations on necessity of security 
              clearances.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED 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.
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.

                        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

[[Page S3468]]

     of the Central Intelligence Agency, the National Security 
     Agency, and the Federal Bureau of Investigation, shall submit 
     to the congressional intelligence committees, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives 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 and the Director of the Office of Personnel 
     Management as the Director of National Intelligence considers 
     appropriate, 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 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 SCIENCE AND TECHNOLOGY RISK 
                   ASSESSMENTS.

       (a) Definitions.--In this section:
       (1) Country of risk.--
       (A) In general.--The term ``country of risk'' means a 
     foreign country determined by the Secretary, in accordance 
     with subparagraph (B), to present a risk of theft of United 
     States intellectual property or a threat to the national 
     security of the United States if nationals of the country, or 
     entities owned or controlled by the country or nationals of 
     the country, participate in any research, development, 
     demonstration, or deployment activity authorized under this 
     Act or an amendment made by this Act.
       (B) Determination.--In making a determination under 
     subparagraph (A), the Secretary, in coordination with the 
     Director of the Office of Intelligence and 
     Counterintelligence, shall take into consideration--
       (i) the most recent World Wide Threat Assessment of the 
     United States Intelligence Community, prepared by the 
     Director of National Intelligence; and
       (ii) the most recent National Counterintelligence Strategy 
     of the United States.
       (2) Covered support.--The term ``covered support'' means 
     any grant, contract, subcontract, award, loan, program, 
     support, or other activity authorized under this Act or an 
     amendment made by this Act.
       (3) Entity of concern.--The term ``entity of concern'' 
     means any entity, including a national, that is--
       (A) identified under section 1237(b) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (50 
     U.S.C. 1701 note; Public Law 105-261);
       (B) identified under section 1260H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (10 U.S.C. 113 note; Public Law 116-283);

[[Page S3469]]

       (C) 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;
       (D) included in the list required by section 9(b)(3) of the 
     Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 
     134 Stat. 656); or
       (E) identified by the Secretary, in coordination with the 
     Director of the Office of Intelligence and 
     Counterintelligence and the applicable office that would 
     provide, or is providing, covered support, as posing an 
     unmanageable threat--
       (i) to the national security of the United States; or
       (ii) of theft or loss of United States intellectual 
     property.
       (4) National.--The term ``national'' has the meaning given 
     the term in section 101 of the Immigration and Nationality 
     Act (8 U.S.C. 1101).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Science and Technology Risk Assessment.--
       (1) In general.--The Secretary shall develop and maintain 
     tools and processes to manage and mitigate research security 
     risks, such as a science and technology risk matrix, informed 
     by threats identified by the Director of the Office of 
     Intelligence and Counterintelligence, to facilitate 
     determinations of the risk of loss of United States 
     intellectual property or threat to the national security of 
     the United States posed by activities carried out under any 
     covered support.
       (2) Content and implementation.--In developing and using 
     the tools and processes developed under paragraph (1), the 
     Secretary shall--
       (A) deploy risk-based approaches to evaluating, awarding, 
     and managing certain research, development, demonstration, 
     and deployment activities, including designations that will 
     indicate the relative risk of activities;
       (B) assess, to the extent practicable, ongoing high-risk 
     activities;
       (C) designate an officer or employee of the Department of 
     Energy to be responsible for tracking and notifying 
     recipients of any covered support of unmanageable threats to 
     United States national security or of theft or loss of United 
     States intellectual property posed by an entity of concern;
       (D) consider requiring recipients of covered support to 
     implement additional research security mitigations for 
     higher-risk activities if appropriate; and
       (E) support the development of research security training 
     for recipients of covered support on the risks posed by 
     entities of concern.
       (3) Annual updates.--The tools and processes developed 
     under paragraph (1) shall be evaluated annually and updated 
     as needed, with threat-informed input from the Office of 
     Intelligence and Counterintelligence, to reflect changes in 
     the risk designation under paragraph (2)(A) of research, 
     development, demonstration, and deployment activities 
     conducted by the Department of Energy.
       (c) Entity of Concern.--
       (1) Prohibition.--Except as provided in paragraph (2), no 
     entity of concern, or individual that owns or controls, is 
     owned or controlled by, or is under common ownership or 
     control with an entity of concern, may receive, or perform 
     work under, any covered support.
       (2) Waiver of prohibition.--
       (A) In general.--The Secretary may waive the prohibition 
     under paragraph (1) if determined by the Secretary to be in 
     the national interest.
       (B) Notification to congress.--Not less than 2 weeks prior 
     to issuing a waiver under subparagraph (A), the Secretary 
     shall notify Congress of the intent to issue the waiver, 
     including a justification for the waiver.
       (3) Penalty.--
       (A) Termination of support.--On finding that any entity of 
     concern or individual described in paragraph (1) has received 
     covered support and has not received a waiver under paragraph 
     (2), the Secretary shall terminate all covered support to 
     that entity of concern or individual, as applicable.
       (B) Penalties.--An entity of concern or individual 
     identified under subparagraph (A) shall be--
       (i) prohibited from receiving or participating in covered 
     support for a period of not less than 1 year but not more 
     than 10 years, as determined by the Secretary; or
       (ii) instead of the penalty described in clause (i), 
     subject to any other penalties authorized under applicable 
     law or regulations that the Secretary determines to be in the 
     national interest.
       (C) Notification to congress.--Prior to imposing a penalty 
     under subparagraph (B), the Secretary shall notify Congress 
     of the intent to impose the penalty, including a description 
     of and justification for the penalty.
       (4) Coordination.--The Secretary shall--
       (A) share information about the unmanageable threats 
     described in subsection (a)(3)(E) with other Federal 
     agencies; and
       (B) develop consistent approaches to identifying entities 
     of concern.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       (e) Report Required.--Not later than 240 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that--
       (1) describes--
       (A) the tools and processes developed under subsection 
     (b)(1) and any updates to those tools and processes; and
       (B) if applicable, the science and technology risk matrix 
     developed under that subsection and how that matrix has been 
     applied;
       (2) includes a mitigation plan for managing risks posed by 
     countries of risk with respect to future or ongoing research 
     and development activities of the Department of Energy; and
       (3) defines critical research areas, designated by risk, as 
     determined by the Secretary.

     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 Radical-Traditionalist Catholic Ideology Almost 
     Certainly Presents New Mitigation Opportunities.''.
       (b) Submittal to Congress.--The Inspector General of the 
     Department of Justice shall submit the findings of the 
     Inspector General with respect to the review required by 
     subsection (a) to the following:
       (1) The congressional intelligence committees.
       (2) The Committee on the Judiciary, Committee on Homeland 
     Security and Governmental Affairs, and the Committee on 
     Appropriations of the Senate.
       (3) The Committee on the Judiciary, the Committee on 
     Oversight and Accountability, and the Committee on 
     Appropriations of the House of Representatives.

     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. 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''.

[[Page S3470]]

  


     SEC. 322. 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. 323. 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;
       (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, the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate, and the Subcommittee on Defense 
     of the Committee on Appropriations of the House of 
     Representatives 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.

             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) Atrocity.--The term ``atrocity'' means a crime against 
     humanity, genocide, or a war crime.
       (2) 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.
       (3) 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 Justice, 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 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 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 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.--

[[Page S3471]]

       (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) Definition of appropriate committees of congress.--In 
     this subsection, 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) 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 appropriate committees of Congress a report on the 
     specific tactics and capabilities of the People's Republic of 
     China in Africa.
       (3) Elements.--Each report required by paragraph (2) 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.
       (4) Form.--Each report required by paragraph (2) 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 Congress 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 AND RUSSIAN FOREIGN MALIGN INFLUENCE 
                   OPERATIONS AGAINST THE UNITED STATES.

       (a) Definitions.--In this section:
       (1) Chinese entities engaged in foreign malign influence 
     operations.--The term ``hinese entities engaged in foreign 
     malign influence operations'' means all of the elements of 
     the Government of the People's Republic of China and the 
     Chinese Communist Party involved in foreign malign influence, 
     such as--
       (A) the Ministry of State Security;
       (B) other security services of the People's Republic of 
     China;
       (C) the intelligence services of the People's Republic of 
     China;
       (D) the United Front Work Department and other united front 
     organs;
       (E) state-controlled media systems, such as the China 
     Global Television Network (CGTN); and
       (F) any entity involved in foreign malign influence 
     operations that demonstrably and intentionally disseminate 
     false information and propaganda of the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (2) Russian malign influence actors.--The term ``Russian 
     malign influence actors'' refers to entities or individuals 
     engaged in foreign malign influence operations against the 
     United States who are affiliated with--
       (A) the intelligence and security services of the Russian 
     Federation
       (B) the Presidential Administration;
       (C) any other entity of the Government of the Russian 
     Federation; or
       (D) Russian mercenary or proxy groups such as the Wagner 
     Group.
       (3) Foreign malign influence operation.--The term ``foreign 
     malign influence operation'' means a coordinated and often 
     concealed activity that is covered by the definition of the 
     term ``foreign malign influence'' in section 119C of the 
     National Security Act of 1947 (50 U.S.C. 3059) and uses 
     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 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 and Russian 
     entities engaged in foreign malign influence operations 
     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 Russian Federation, 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) A description of ongoing foreign malign influence 
     operations and campaigns of the Russian Federation against 
     the United States and an assessment of their objectives and 
     effectiveness in meeting those objectives.
       (3) A description of ongoing foreign malign influence 
     operations and campaigns of the People's Republic of China 
     against the United States and an assessment of their 
     objectives and effectiveness in meeting those objectives.
       (4) A description of any cooperation, information-sharing, 
     amplification, or other coordination between the Russian 
     Federation and the People's Republic of China in developing 
     or carrying out foreign malign influence operations against 
     the United States.
       (5) A description of front organizations, proxies, cut-
     outs, aligned third-party countries, or organizations used by 
     the Russian Federation or the People's Republic of China to 
     carry out foreign malign influence operations against the 
     United States.
       (6) An assessment of the loopholes or vulnerabilities in 
     United States law that Russia and the People's Republic of 
     China exploit to carry out foreign malign influence 
     operations.
       (7) The actions of the Foreign Malign Influence Center, in 
     coordination with the Global Engagement 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 
     foreign malign influence operations of the Government of the 
     People's Republic of China or the Chinese Communist Party 
     against the United States.
       (8) 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, in 
     coordination with the Global Engagement Center, as well as 
     State and local governments, the business community, and 
     civil society in order to expose the political influence 
     operations and information operations of the Government of 
     the Russian

[[Page S3472]]

     Federation and the Government of the People's Republic of 
     China or the Chinese Communist Party carried out 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) 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, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate; and
       (C) the Committee on Armed Services, the Committee on 
     Oversight and Accountability, the Committee on Financial 
     Services, and the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives.
       (2) Country of concern.--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 appropriate committees of Congress 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--Other Foreign Countries

     SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED 
                   STATES CITIZENS AS HOSTAGES.

       (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 Foreign Relations, the Committee on 
     the Judiciary, and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate; and
       (3) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, and the Subcommittee on Defense of the Committee 
     on Appropriations of the House of Representatives.
       (b) 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 appropriate committees of 
     Congress a report on efforts by the Maduro regime in 
     Venezuela to detain United States citizens and lawful 
     permanent residents.
       (c) Elements.--The report required by subsection (b) 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.
       (d) Form.--The report required by subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 412. 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. 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. 502. 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

[[Page S3473]]

     appropriate of any additional relevant information that may 
     become available during the course of any investigation or 
     review 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.--(A) 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.
       (B) If the Court determines that, in order to resolve the 
     civil action, it is necessary to make such protected 
     information available to a party to the litigation, other 
     than the government, the Court shall conduct an ex parte and 
     in camera hearing to make all determinations concerning the 
     use, relevance, or admissibility of such protected 
     information before such protected information is disclosed to 
     a party other than then government.
       (C) Nothing in this paragraph shall be interpreted to 
     require the government to disclose such protected information 
     to a party other than the government.
       (D) If the government declines to disclose such protected 
     information to a party after the court has determined that it 
     is necessary for the government to do so in order to resolve 
     the civil action, the court may order an appropriate remedy, 
     including entering a judgment in favor of the party. Any such 
     judgement shall be subject to interlocutory appeal.
       (E) 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'').
       (i) Inapplicability to Other Authorities.--Nothing in this 
     section shall be construed to modify authority established 
     under Executive Order 13913 (47 U.S.C. 154 note; relating to 
     establishing the Committee for the Assessment of Foreign 
     Participation in the United States Telecommunications 
     Services Sector), including the process and timelines 
     established therein.

     SEC. 503. 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, in consultation with the heads of such other 
     agencies as the Director considers appropriate, 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.

[[Page S3474]]

       (2) Consideration and treatment in civil actions.--(A) 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.
       (B) If the Court determines that, in order to resolve the 
     civil action, it is necessary to make such protected 
     information available to a party to the litigation, other 
     than the government, the Court shall conduct an ex parte and 
     in camera hearing to make all determinations concerning the 
     use, relevance, or admissibility of such protected 
     information before such protected information is disclosed to 
     a party other than then government.
       (C) Nothing in this paragraph shall be interpreted to 
     require the government to disclose such protected information 
     to a party other than the government.
       (D) If the government declines to disclose such protected 
     information to a party after the court has determined that it 
     is necessary for the government to do so in order to resolve 
     the civil action, the court may order an appropriate remedy, 
     to include entering a judgment in favor of the party. Any 
     such judgement shall be subject to interlocutory appeal.
       (E) 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.
       (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.

   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. 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 intelligence community facilities or intelligence 
     community 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, the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate, and the Committee on 
     Oversight and Accountability and the Committee on 
     Appropriations of the House of Representatives 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. 513. 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, the 
     Director of the Office of Management and Budget, and such 
     other officials as the Director of National Intelligence 
     determines appropriate, 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);
       ``(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;
       ``(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)''.

[[Page S3475]]

  


                    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 
     employees and contractors described in subsection (b)(1) who 
     intend to report to Congress complaints or information, so 
     that such employees and contractors 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.''.
       (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
       ``(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.''.

[[Page S3476]]

       (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) Harmonization of Enforcement.--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.''.

     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

     SEC. 701. SHORT TITLE.

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

     SEC. 702. DEFINITIONS.

       In this subtitle:
       (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) 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 Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or previous and successor 
     executive orders or similar directives, or section 703 in 
     order to protect the national security of the United States.
       (3) Classified information.--The term ``classified 
     information'' means information that has been classified 
     under Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or previous and 
     successor executive orders or similar directives, or section 
     703.
       (4) 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 Executive Order 13526 (50 
     U.S.C. 3161 note; relating to classified national security 
     information), or previous and successor executive orders or 
     similar directives, or section 703.
       (5) 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.

     SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

       (a) In General.--The President may, in accordance with this 
     section, protect from unauthorized disclosure any information 
     owned by, produced by or for, or under the control of the 
     executive branch of the Federal Government 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) provide that information may be classified under this 
     section, and may remain classified under this section, only 
     if the harm to national security that might reasonably be 
     expected from disclosure of such information

[[Page S3477]]

     outweighs the public interest in disclosure of such 
     information;
       (ii) establish standards and criteria for the 
     classification of information;
       (iii) establish standards, criteria, and timelines for the 
     declassification of information classified under this 
     section;
       (iv) provide for the automatic declassification of 
     classified records with permanent historical value;
       (v) provide for the timely review of materials submitted 
     for pre-publication;
       (vi) narrow the criteria for classification set forth under 
     section 1.4 of Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), as in 
     effect on the day before the date of the enactment of this 
     Act;
       (vii) narrow the exemptions from automatic declassification 
     set forth under section 3.3(b) of Executive Order 13526 (50 
     U.S.C. 3161 note; relating to classified national security 
     information), as in effect on the day before the date of the 
     enactment of this Act;
       (viii) provide a clear and specific definition of ``harm to 
     national security'' as it pertains to clause (i); and
       (ix) provide a clear and specific definition of 
     ``intelligence sources and methods'' as it pertains to the 
     categories and procedures under subparagraph (A).
       (2) 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 section.
       (B) Submittal to congress.--Each agency head shall submit 
     to Congress the standards and procedures established by such 
     agency head under subparagraph (A).
       (c) 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 
     section 703 of the Intelligence Authorization Act for Fiscal 
     Year 2024, 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 
     section or Executive order;''.
       (d) Effective Date.--
       (1) In general.--Subsections (a) and (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 subsection (b).

     SEC. 704. TRANSPARENCY OFFICERS.

       (a) Designation.--The Attorney General, the Secretary of 
     Defense, the Secretary of State, the Secretary of the 
     Treasury, the Secretary of Health and Human Services, the 
     Secretary of Homeland Security, the Director of National 
     Intelligence, the Director of the Central Intelligence 
     Agency, the Director of the National Security Agency, the 
     Director of the Federal Bureau of Investigation, and the head 
     of any other department, agency, or element of the executive 
     branch of the Federal Government determined by the Privacy 
     and Civil Liberties Oversight Board established by section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee) to be appropriate for coverage 
     under this section, shall each designate at least 1 senior 
     officer to serve as the principal advisor to assist such head 
     of a department, agency, or element and other officials of 
     the department, agency, or element of the head 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.
       (b) 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 
     subsection (a), the senior officer designated by the head 
     under such subsection shall consider whether--
       (1) or not disclosure of the information would better 
     enable United States citizens to hold Federal Government 
     officials accountable for their actions and policies;
       (2) 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;
       (3) 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 of the Federal Government or in 
     adequately informing itself of executive branch policies and 
     activities in order to carry out its legislative 
     responsibilities;
       (4) 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
       (5) 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.
       (c) Periodic Reports.--
       (1) In general.--Each senior officer designated under 
     subsection (a) shall periodically, but not less frequently 
     than annually, submit a report on the activities of the 
     officer, including the documents determined to be in the 
     public interest for disclosure under subsection (b), to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate;
       (B) the Committee on Oversight and Government Reform and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives; and
       (C) the head of the department, agency, or element of the 
     senior officer.
       (2) Form.--Each report submitted pursuant to paragraph (1) 
     shall be submitted, to the greatest extent possible, in 
     unclassified form, with a classified annex as may be 
     necessary.

            Subtitle B--Sensible Classification Act of 2023

     SEC. 711. SHORT TITLE.

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

     SEC. 712. 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. 713. 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. 714. 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

[[Page S3478]]

       (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 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. 715. 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. 716. 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. 717. 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. 718. 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. 719. 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.

[[Page S3479]]

       (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.

       (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 Subcommittee on 
     Defense of the Committee on Appropriations of the Senate; and
       (3) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress 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 such 
     public venue as the President considers appropriate, 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, to the greatest extent 
     practicable, 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, to the greatest extent 
     possible, 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, 
     the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate, and the Subcommittee on Defense 
     of

[[Page S3480]]

     the Committee on Appropriations of the House of 
     Representatives 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, the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate, and the Subcommittee on Defense of the Committee 
     on Appropriations of the House of Representatives 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, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives 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, the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate, and 
     the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives 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.
       (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, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives--
       (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, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives on the report.

                       TITLE X--ELECTION SECURITY

     SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD 
                   RESPECT FOR ELECTIONS THROUGH INDEPENDENT 
                   TESTING ACT OF 2023.

       (a) 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.''.
       (b) 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:

[[Page S3481]]

  


 ``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, within 180 days 
     after validating 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, subject to any subsequent 
     review of such determination 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.
       ``(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.''.

                        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:

[[Page S3482]]

       (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 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 995. 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 E of title X, insert 
     the following:

     SEC. 104_. DESIGNATION OF CERTAIN AIRPORTS BY THE UNITED 
                   STATES FISH AND WILDLIFE SERVICE.

       (a) In General.--The Director of the United States Fish and 
     Wildlife Service shall designate each of the airports among 
     the top 10 United States airports with respect to all-cargo 
     landed weight during calendar year 2021 as a ``port of entry 
     designated for the importation and exportation of wildlife 
     and wildlife products'' (referred to in this section as a 
     ``Designated Port'') under section 14.12 of title 50, Code of 
     Federal Regulations.
       (b) Election to Operate as a Designated Port.--An airport 
     authority responsible for the operation of an airport 
     described in subsection (a) may determine whether or not such 
     airport will serve as a Designated Port.
                                 ______
                                 
  SA 996. 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 I--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2023

     SEC. 11001. SHORT TITLE.

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

     SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2024 through 2034''.

     SEC. 11004. STUDENT HOUSING ASSISTANCE.

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

     SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

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

     SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination

[[Page S3483]]

     Act of 1996 (25 U.S.C. 4133(g)) is amended by striking 
     ``$5,000'' and inserting ``$10,000''.

     SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 11009. INDIAN HEALTH SERVICE.

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

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

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

     SEC. 11011. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

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

     SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE 
                   HOUSING ACTIVITIES.

       Section 802(e) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is 
     amended by--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Subawards.--Notwithstanding any other provision of 
     law, including provisions of State law requiring competitive 
     procurement, the Director may make subawards to 
     subrecipients, except for for-profit entities, using amounts 
     provided under this title to carry out affordable housing 
     activities upon a determination by the Director that such 
     subrecipients have adequate capacity to carry out activities 
     in accordance with this Act.''.

     SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2024 
     through 2034.''.

     SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

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

     SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND 
                   SPECIAL ACTIVITIES BY INDIAN TRIBES.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).
       ``(j) Special Activities by Indian Tribes.--An Indian tribe 
     receiving a grant under paragraph (1) of section 106(a)(1) 
     shall be authorized to directly carry out activities 
     described in paragraph (15) of such section 106(a)(1).''.

     SEC. 11017. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 11018. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Authority.--To provide access to sources of private 
     financing to Indian families, Indian housing authorities, and 
     Indian Tribes, who otherwise could not acquire housing 
     financing because of the unique legal status of Indian lands 
     and the unique nature of tribal economies, and to expand 
     homeownership opportunities to Indian families, Indian 
     housing authorities and Indian tribes on fee simple lands, 
     the Secretary may guarantee not to exceed 100 percent of the 
     unpaid principal and interest due on any loan eligible under 
     subsection (b) made to an Indian family, Indian housing 
     authority, or Indian Tribe on trust land and fee simple 
     land.''; and
       (2) in subsection (b)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';

[[Page S3484]]

       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (ii) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (iii) in subparagraph (A), as so designated, by adding at 
     the end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (iv) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (h)(1)(B), the term of the loan shall not exceed 40 years''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2024 through 2034.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2024 through 2034''.

     SEC. 11019. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by inserting ``, and to expand 
     homeownership opportunities to Native Hawaiian families who 
     are eligible to receive a homestead under the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108) on fee simple lands in 
     the State of Hawaii'' after ``markets'';
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) in subparagraph (B)--

       (I) by redesignating clause (iv) as clause (v); and
       (II) by adding after clause (iii) the following:

       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (ii) by adding at the end the following:
       ``(C) Indemnification.--
       ``(i) In general.--If the Secretary determines that a loan 
     was not originated in accordance with the requirements 
     established by the Secretary under this section, the 
     Secretary may require the lender to indemnify the Secretary 
     for any loss or potential loss, regardless of whether the 
     non-compliance caused or may cause the loan default.
       ``(ii) Direct guarantee endorsement.--The Secretary may, 
     dependent on the availability of systems development and 
     staffing resources, delegate to eligible lenders the 
     authority to directly endorse loans under this section.
       ``(iii) Fraud or misrepresentation.--If fraud or 
     misrepresentation was involved in the direct guarantee 
     endorsement process by a lender under this section, the 
     Secretary shall require the approved direct guarantee 
     endorsement lender to indemnify the Secretary for any loss or 
     potential loss, regardless of whether the fraud or 
     misrepresentation caused or may cause the loan default.
       ``(iv) Implementation.--The Secretary may implement any 
     requirements described in this subparagraph by regulation, 
     notice, or Dear Lender Letter.''.
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (i)(1)(B), the term of the loan shall not exceed 40 years'';
       (3) in subsection (d)--
       (A) in paragraph (1), by adding at the end the following:
       ``(C) Exception.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and 
     (B) of this paragraph shall not apply.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Standard for approval.--
       ``(A) Approval.--The Secretary may approve a loan for 
     guarantee under this section and issue a certificate under 
     this subsection only if the Secretary determines that there 
     is a reasonable prospect of repayment of the loan.
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements prescribed by the 
     Secretary.''; and
       (C) in paragraph (3)(A), by inserting ``or, where 
     applicable, the direct guarantee endorsement lender,'' after 
     ``Secretary'' and
       (4) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2024 through 2034.''.

     SEC. 11020. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients of assistance under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
     related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;

[[Page S3485]]

       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to section, which shall identify the grantees 
     and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2024 through 2034 to carry out this section.

     SEC. 11021. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(E) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

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

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

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

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

[[Page S3486]]

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

       ``(ix) Renewal grants.--The Secretary may--

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

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

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

     SEC. 11022. CONTINUUM OF CARE.

       (a) Definitions.--In this section--
       (1) the terms ``collaborative applicant'' and ``eligible 
     entity'' have the meanings given those terms in section 401 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360); and
       (2) the terms ``Indian tribe'' and ``tribally designated 
     housing entity'' have the meanings given those terms in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       (b) Nonapplication of Civil Rights Laws.--With respect to 
     the funds made available for the Continuum of Care program 
     authorized under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the 
     heading ``Homeless Assistance Grants'' in the Department of 
     Housing and Urban Development Appropriations Act, 2021 
     (Public Law 116-260) and under section 231 of the Department 
     of Housing and Urban Development Appropriations Act, 2020 (42 
     U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act 
     of 1968 (42 U.S.C. 3601 et seq.) shall not apply to 
     applications by or awards for projects to be carried out--
       (1) on or off reservation or trust lands for awards made to 
     Indian tribes or tribally designated housing entities; or
       (2) on reservation or trust lands for awards made to 
     eligible entities.
       (c) Certification.--With respect to funds made available 
     for the Continuum of Care program authorized under subtitle C 
     of title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11381 et seq.) under the heading ``Homeless Assistance 
     Grants'' under section 231 of the Department of Housing and 
     Urban Development Appropriations Act, 2020 (42 U.S.C. 
     11364a)--
       (1) applications for projects to be carried out on 
     reservations or trust land shall contain a certification of 
     consistency with an approved Indian housing plan developed 
     under section 102 of the Native American Housing Assistance 
     and Self-Determination Act (25 U.S.C. 4112), notwithstanding 
     section 106 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12706) and section 403 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
       (2) Indian tribes and tribally designated housing entities 
     that are recipients of awards for projects on reservations or 
     trust land shall certify that they are following an approved 
     housing plan developed under section102 of the Native 
     American Housing Assistance and Self-Determination Act (25 
     U.S.C. 4112) and
       (3) a collaborative applicant for a Continuum of Care whose 
     geographic area includes only reservation and trust land is 
     not required to meet the requirement in section 402(f)(2) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360a(f)(2)).

     SEC. 11023. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.
                                 ______
                                 
  SA 997. 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10___. 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) 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;
       (4) by striking ``subsection (a)'' each place it appears 
     and inserting ``subsection (b)''; and
       (5) in subsection (h)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``and the term of the lease does not exceed--'' and inserting 
     a period; and
       (B) by striking subparagraphs (A) and (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) Modifications of Rights-of-way Across Indian Land.--The 
     Act of February 5, 1948 (62 Stat. 17, chapter 45), is 
     amended--
       (1) in the first section (62 Stat. 17, chapter 45; 25 
     U.S.C. 323), by striking ``That the Secretary of the Interior 
     be, and he is hereby, empowered to'' and inserting the 
     following:

     ``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN 
                   LAND.

       ``(a) Rights-of-Way.--The Secretary of the Interior may'';
       (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324), 
     by striking ``organized under the

[[Page S3487]]

     Act of June 18, 1934 (48 Stat. 984), as amended; the Act of 
     May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 
     Stat. 1967),''; and
       (3) by adding at the end the following:

     ``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.

       ``(a) Rights-of-way.--
       ``(1) In general.--Subject to paragraph (2), an Indian 
     tribe may grant a right-of-way over and across the Tribal 
     land of the Indian tribe for any purpose.
       ``(2) Authority.--A right-of-way granted under paragraph 
     (1) shall not require the approval of the Secretary of the 
     Interior or a grant by the Secretary of the Interior under 
     the section 1 if the right-of-way granted under paragraph (1) 
     is executed in accordance with a Tribal regulation approved 
     by the Secretary of the Interior under subsection (b).
       ``(b) Review of Tribal Regulations.--
       ``(1) Tribal regulation submission and approval.--
       ``(A) Submission.--An Indian tribe seeking to grant a 
     right-of-way under subsection (a) shall submit for approval a 
     Tribal regulation governing the granting of rights-of-way 
     over and across the Tribal land of the Indian tribe.
       ``(B) Approval.--Subject to paragraph (2), the Secretary of 
     the Interior shall have the authority to approve or 
     disapprove any Tribal regulation submitted under subparagraph 
     (A).
       ``(2) Considerations for approval.--
       ``(A) In general.--The Secretary of the Interior shall 
     approve a Tribal regulation submitted under paragraph (1)(A), 
     if the Tribal regulation--
       ``(i) is consistent with any regulations (or successor 
     regulations) issued by the Secretary of the Interior under 
     section 4;
       ``(ii) provides for an environmental review process that 
     includes--

       ``(I) the identification and evaluation of any significant 
     impacts the proposed action may have on the environment; and
       ``(II) a process for ensuring--

       ``(aa) that the public is informed of, and has a reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action identified by the Indian tribe 
     under subclause (I); and
       ``(bb) the Indian tribe provides a response to each 
     relevant and substantive public comment on the significant 
     environmental impacts identified by the Indian tribe under 
     subclause (I) before the Indian tribe approves the right-of-
     way.
       ``(B) Statutory exemptions.--The Secretary of the Interior, 
     in making an approval decision under this subsection, shall 
     not be subject to--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(ii) section 306108 of title 54, United States Code; or
       ``(iii) the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.).
       ``(3) Review process.--
       ``(A) In general.--Not later than 180 days after the date 
     on which the Indian tribe submits a Tribal regulation to the 
     Secretary of the Interior under paragraph (1)(A), the 
     Secretary of the Interior shall--
       ``(i) review the Tribal regulation;
       ``(ii) approve or disapprove the Tribal regulation; and
       ``(iii) notify the Indian tribe that submitted the Tribal 
     regulation of the approval or disapproval.
       ``(B) Written documentation.--If the Secretary of the 
     Interior disapproves a Tribal regulation submitted under 
     paragraph (1)(A), the Secretary of the Interior shall include 
     with the disapproval notification under subparagraph (A)(iii) 
     written documentation describing the basis for the 
     disapproval.
       ``(C) Extension.--The Secretary of the Interior may, after 
     consultation with the Indian tribe that submitted a Tribal 
     regulation under paragraph (1)(A), extend the 180-day period 
     described in subparagraph (A).
       ``(4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if an Indian tribe carries out a 
     project or activity funded by a Federal agency, the Indian 
     tribe may rely on the environmental review process of the 
     applicable Federal agency rather than any Tribal 
     environmental review process required under this subsection.
       ``(c) Documentation.--An Indian tribe granting a right-of-
     way under subsection (a) shall provide to the Secretary of 
     the Interior--
       ``(1) a copy of the right-of-way, including any amendments 
     or renewals; and
       ``(2) if the right-of-way allows for compensation to be 
     made directly to the Indian tribe, documentation of payments 
     that are sufficient, as determined by the Secretary of the 
     Interior, as to enable the Secretary of the Interior to 
     discharge the trust responsibility of the United States under 
     subsection (d).
       ``(d) Trust Responsibility.--
       ``(1) In general.--The United States shall not be liable 
     for losses sustained by any party to a right-of-way granted 
     under subsection (a).
       ``(2) Authority of the secretary.--
       ``(A) In general.--Pursuant to the authority of the 
     Secretary of the Interior to fulfill the trust obligation of 
     the United States to the applicable Indian tribe under 
     Federal law (including regulations), the Secretary of the 
     Interior may, on reasonable notice from the applicable Indian 
     tribe and at the discretion of the Secretary of the Interior, 
     enforce the provisions of, or cancel, any right-of-way 
     granted by the Indian tribe under subsection (a).
       ``(B) Authority.--The enforcement or cancellation of a 
     right-of-way under subparagraph (A) shall be conducted using 
     regulatory procedures issued under section 6.
       ``(e) Compliance.--
       ``(1) In general.--An interested party, after exhaustion of 
     any applicable Tribal remedies, may submit a petition to the 
     Secretary of the Interior, at such time and in such form as 
     determined by the Secretary of the Interior, to review the 
     compliance of an applicable Indian tribe with a Tribal 
     regulation approved by the Secretary of the Interior under 
     subsection (b).
       ``(2) Violations.--If the Secretary of the Interior 
     determines that a Tribal regulation was violated after 
     conducting a review under paragraph (1), the Secretary of the 
     Interior may take any action the Secretary of the Interior 
     determines to be necessary to remedy the violation, including 
     rescinding the approval of the Tribal regulation and 
     reassuming responsibility for approving rights-of-way through 
     the trust land of the applicable Indian tribe.
       ``(3) Documentation.--If the Secretary of the Interior 
     determines that a Tribal regulation was violated after 
     conducting a review under paragraph (1), the Secretary of the 
     Interior shall--
       ``(A) provide written documentation, with respect to the 
     Tribal regulation that has been violated, to the appropriate 
     interested party and Indian tribe;
       ``(B) provide the applicable Indian tribe with a written 
     notice of the alleged violation; and
       ``(C) prior to the exercise of any remedy, including 
     rescinding the approval for the applicable Tribal regulation 
     or reassuming responsibility for approving rights-of-way 
     through the trust land of the applicable Indian tribe, 
     provide the applicable Indian tribe with--
       ``(i) a hearing that is on the record; and
       ``(ii) a reasonable opportunity to cure the alleged 
     violation.
       ``(f) Savings Clause.--Nothing in this section affects the 
     application of any Tribal regulations issued under Federal 
     environmental law.
       ``(g) Effect of Tribal Regulations.--An approved Tribal 
     regulation under subsection (b) shall not preclude an Indian 
     tribe from, in the discretion of the Indian tribe, consenting 
     to the grant of a right-of-way by the Secretary of the 
     Interior under the section 1.
       ``(h) Terms of Right-of-way.--The compensation for, and 
     terms of, a right-of-way granted under subsection (a) will be 
     determined by--
       ``(1) negotiations by the Indian tribe; or
       ``(2) the regulations of the Indian tribe.
       ``(i) Jurisdiction.--The grant of a right-of-way under 
     subsection (a) does not waive the sovereign immunity of the 
     Indian tribe or diminish the jurisdiction of that Indian 
     tribe over the Tribal land subject to the right-of-way, 
     unless otherwise provided in--
       ``(1) the grant of the right-of-way; or
       ``(2) the regulations of the Indian tribe.''.
                                 ______
                                 
  SA 998. 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 CERTAIN NAVAL VESSELS.

       (a) In General.--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)(A) Notwithstanding paragraph (1), any conventionally-
     powered surface naval vessel operating in the Seventh Fleet 
     Area of Responsibility may be maintained (including 
     overhauls) in Japan if the Secretary of the Navy determines 
     that a delay of longer than 1 year is expected before a 
     shipyard located in the United States or in Guam is available 
     to perform such maintenance on such vessel.
       ``(B) Not later than 6 months after the initiation of 
     maintenance in Japan on any vessel described in subparagraph 
     (A), the Secretary of the Navy shall submit a report to 
     Congress describing the progress that has been made in 
     addressing the maintenance backlog for naval vessels at 
     shipyards in the United States.''.
       (b) Sunset.--The amendments made subsection (a) shall 
     remain in effect until the date that is 5 years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 999. Mr. RISCH (for Mr. Barrasso (for himself, Mr. Manchin, and 
Mr. Risch)) submitted an amendment intended to be proposed by Mr. Risch 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 S3488]]


  

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

     SEC. 31___. U.S. NUCLEAR FUEL SECURITY INITIATIVE.

       (a) Short Title.--This section may be cited as the 
     ``Nuclear Fuel Security Act of 2023''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department should--
       (A) prioritize activities to increase domestic production 
     of low-enriched uranium; and
       (B) accelerate efforts to establish a domestic high-assay, 
     low-enriched uranium enrichment capability; and
       (2) if domestic enrichment of high-assay, low-enriched 
     uranium will not be commercially available at the scale 
     needed in time to meet the needs of the advanced nuclear 
     reactor demonstration projects of the Department, the 
     Secretary shall consider and implement, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers, without impacting 
     existing Department missions, until such time that commercial 
     enrichment and deconversion capability for high-assay, low-
     enriched uranium exists at a scale sufficient to meet future 
     needs; and
       (B) all viable options for partnering with countries that 
     are allies or partners of the United States to meet those 
     needs and schedules until that time.
       (c) Objectives.--The objectives of this section are--
       (1) to expeditiously increase domestic production of low-
     enriched uranium;
       (2) to expeditiously increase domestic production of high-
     assay, low-enriched uranium by an annual quantity, and in 
     such form, determined by the Secretary to be sufficient to 
     meet the needs of--
       (A) advanced nuclear reactor developers; and
       (B) the consortium;
       (3) to ensure the availability of domestically produced, 
     converted, enriched, deconverted, and reduced uranium in a 
     quantity determined by the Secretary, in consultation with 
     U.S. nuclear energy companies, to be sufficient to address a 
     reasonably anticipated supply disruption;
       (4) to address gaps and deficiencies in the domestic 
     production, conversion, enrichment, deconversion, and 
     reduction of uranium by partnering with countries that are 
     allies or partners of the United States if domestic options 
     are not practicable;
       (5) to ensure that, in the event of a supply disruption in 
     the nuclear fuel market, a reserve of nuclear fuels is 
     available to serve as a backup supply to support the nuclear 
     nonproliferation and civil nuclear energy objectives of the 
     Department;
       (6) to support enrichment, deconversion, and reduction 
     technology deployed in the United States; and
       (7) to ensure that, until such time that domestic 
     enrichment and deconversion of high-assay, low-enriched 
     uranium is commercially available at the scale needed to meet 
     the needs of advanced nuclear reactor developers, the 
     Secretary considers and implements, as necessary--
       (A) all viable options to make high-assay, low-enriched 
     uranium produced from inventories owned by the Department 
     available in a manner that is sufficient to maximize the 
     potential for the Department to meet the needs and schedules 
     of advanced nuclear reactor developers; and
       (B) all viable options for partnering with countries that 
     are allies or partners of the United States to meet those 
     needs and schedules.
       (d) Definitions.--In this section:
       (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) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or dominated by--
       (i) the government of a country that is an ally or partner 
     of the United States; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country that is an ally or partner of 
     the United States, including a corporation that is 
     incorporated in such a country.
       (3) Associated individual.--The term ``associated 
     individual'' means an alien who is a national of a country 
     that is an ally or partner of the United States.
       (4) Consortium.--The term ``consortium'' means the 
     consortium established under section 2001(a)(2)(F) of the 
     Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
       (5) Department.--The term ``Department'' means the 
     Department of Energy.
       (6) High-assay, low-enriched uranium; haleu.--The term 
     ``high-assay, low-enriched uranium'' or ``HALEU'' means high-
     assay low-enriched uranium (as defined in section 2001(d) of 
     the Energy Act of 2020 (42 U.S.C. 16281(d))).
       (7) Low-enriched uranium; leu.--The term ``low-enriched 
     uranium'' or ``LEU'' means each of--
       (A) low-enriched uranium (as defined in section 3102 of the 
     USEC Privatization Act (42 U.S.C. 2297h)); and
       (B) low-enriched uranium (as defined in section 3112A(a) of 
     that Act (42 U.S.C. 2297h-10a(a))).
       (8) Programs.--The term ``Programs'' means--
       (A) the Nuclear Fuel Security Program established under 
     subsection (e)(1);
       (B) the American Assured Fuel Supply Program of the 
     Department; and
       (C) the HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program established under subsection (e)(3).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (A) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (B) is involved in the nuclear energy industry.
       (e) Establishment and Expansion of Programs.--The 
     Secretary, consistent with the objectives described in 
     subsection (c), shall--
       (1) establish a program, to be known as the ``Nuclear Fuel 
     Security Program'', to increase the quantity of LEU and HALEU 
     produced by U.S. nuclear energy companies;
       (2) expand the American Assured Fuel Supply Program of the 
     Department to ensure the availability of domestically 
     produced, converted, enriched, deconverted, and reduced 
     uranium in the event of a supply disruption; and
       (3) establish a program, to be known as the ``HALEU for 
     Advanced Nuclear Reactor Demonstration Projects Program''--
       (A) to maximize the potential for the Department to meet 
     the needs and schedules of advanced nuclear reactor 
     developers until such time that commercial enrichment and 
     deconversion capability for HALEU exists in the United States 
     at a scale sufficient to meet future needs; and
       (B) where practicable, to partner with countries that are 
     allies or partners of the United States to meet those needs 
     and schedules until that time.
       (f) Nuclear Fuel Security Program.--
       (1) In general.--In carrying out the Nuclear Fuel Security 
     Program, the Secretary--
       (A) shall--
       (i) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts to begin acquiring 
     not less than 100 metric tons per year of LEU by December 31, 
     2026 (or the earliest operationally feasible date 
     thereafter), to ensure diversity of supply in domestic 
     uranium mining, conversion, enrichment, and deconversion 
     capacity and technologies, including new capacity, among U.S. 
     nuclear energy companies;
       (ii) not later than 180 days after the date of enactment of 
     this Act, enter into 2 or more contracts with members of the 
     consortium to begin acquiring not less than 20 metric tons 
     per year of HALEU by December 31, 2027 (or the earliest 
     operationally feasible date thereafter), from U.S. nuclear 
     energy companies;
       (iii) utilize only uranium produced, converted, enriched, 
     deconverted, and reduced in--

       (I) the United States; or
       (II) if domestic options are not practicable, a country 
     that is an ally or partner of the United States; and

       (iv) to the maximum extent practicable, ensure that the use 
     of domestic uranium utilized as a result of that program does 
     not negatively affect the economic operation of nuclear 
     reactors in the United States; and
       (B)(i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--
       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (j)(2)(B); and
       (ii) may make a commitment described in clause (i) only--
       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.
       (2) Considerations.--In carrying out paragraph (1)(A)(ii), 
     the Secretary shall consider and, if appropriate, implement--
       (A) options to ensure the quickest availability of 
     commercially enriched HALEU, including--
       (i) partnerships between 2 or more commercial enrichers; 
     and
       (ii) utilization of up to 10-percent enriched uranium as 
     feedstock in demonstration-scale or commercial HALEU 
     enrichment facilities;
       (B) options to partner with countries that are allies or 
     partners of the United States to provide LEU and HALEU for 
     commercial purposes;
       (C) options that provide for an array of HALEU--
       (i) enrichment levels;
       (ii) output levels to meet demand; and
       (iii) fuel forms, including uranium metal and oxide; and
       (D) options--
       (i) to replenish, as necessary, Department stockpiles of 
     uranium that were intended to be downblended for other 
     purposes, but were instead used in carrying out activities 
     under

[[Page S3489]]

     the HALEU for Advanced Nuclear Reactor Demonstration Projects 
     Program;
       (ii) to continue supplying HALEU to meet the needs of the 
     recipients of an award made pursuant to the funding 
     opportunity announcement of the Department numbered DE-FOA-
     0002271 for Pathway 1, Advanced Reactor Demonstrations; and
       (iii) to make HALEU available to other advanced nuclear 
     reactor developers and other end-users.
       (3) Avoidance of market disruptions.--In carrying out the 
     Nuclear Fuel Security Program, the Secretary, to the extent 
     practicable and consistent with the purposes of that program, 
     shall not disrupt or replace market mechanisms by competing 
     with U.S. nuclear energy companies.
       (g) Expansion of the American Assured Fuel Supply 
     Program.--The Secretary, in consultation with U.S. nuclear 
     energy companies, shall--
       (1) expand the American Assured Fuel Supply Program of the 
     Department by merging the operations of the Uranium Reserve 
     Program of the Department with the American Assured Fuel 
     Supply Program; and
       (2) in carrying out the American Assured Fuel Supply 
     Program of the Department, as expanded under paragraph (1)--
       (A) maintain, replenish, diversify, or increase the 
     quantity of uranium made available by that program in a 
     manner determined by the Secretary to be consistent with the 
     purposes of that program and the objectives described in 
     subsection (c);
       (B) utilize only uranium produced, converted, enriched, 
     deconverted, and reduced in--
       (i) the United States; or
       (ii) if domestic options are not practicable, a country 
     that is an ally or partner of the United States;
       (C) make uranium available from the American Assured Fuel 
     Supply, subject to terms and conditions determined by the 
     Secretary to be reasonable and appropriate;
       (D) refill and expand the supply of uranium in the American 
     Assured Fuel Supply, including by maintaining a limited 
     reserve of uranium to address a potential event in which a 
     domestic or foreign recipient of uranium experiences a supply 
     disruption for which uranium cannot be obtained through 
     normal market mechanisms or under normal market conditions; 
     and
       (E) take other actions that the Secretary determines to be 
     necessary or appropriate to address the purposes of that 
     program and the objectives described in subsection (c).
       (h) HALEU for Advanced Nuclear Reactor Demonstration 
     Projects Program.--
       (1) Activities.--On enactment of this Act, the Secretary 
     shall immediately accelerate and, as necessary, initiate 
     activities to make available from inventories or stockpiles 
     owned by the Department and made available to the consortium, 
     HALEU for use in advanced nuclear reactors that cannot 
     operate on uranium with lower enrichment levels or on 
     alternate fuels, with priority given to the awards made 
     pursuant to the funding opportunity announcement of the 
     Department numbered DE-FOA-0002271 for Pathway 1, Advanced 
     Reactor Demonstrations, with additional HALEU to be made 
     available to other advanced nuclear reactor developers, as 
     the Secretary determines to be appropriate.
       (2) Quantity.--In carrying out activities under this 
     subsection, the Secretary shall consider and implement, as 
     necessary, all viable options to make HALEU available in 
     quantities and forms sufficient to maximize the potential for 
     the Department to meet the needs and schedules of advanced 
     nuclear reactor developers, including by seeking to make 
     available--
       (A) by September 30, 2024, not less than 3 metric tons of 
     HALEU;
       (B) by December 31, 2025, not less than an additional 8 
     metric tons of HALEU; and
       (C) by June 30, 2026, not less than an additional 10 metric 
     tons of HALEU.
       (3) Factors for consideration.--In carrying out activities 
     under this subsection, the Secretary shall take into 
     consideration--
       (A) options for providing HALEU from a stockpile of uranium 
     owned by the Department, including--
       (i) uranium that has been declared excess to national 
     security needs during or prior to fiscal year 2023;
       (ii) uranium that--

       (I) directly meets the needs of advanced nuclear reactor 
     developers; but
       (II) has been previously used or fabricated for another 
     purpose;

       (iii) uranium that can meet the needs of advanced nuclear 
     reactor developers after removing radioactive or other 
     contaminants that resulted from previous use or fabrication 
     of the fuel for research, development, demonstration, or 
     deployment activities of the Department, including activities 
     that reduce the environmental liability of the Department by 
     accelerating the processing of uranium from stockpiles 
     designated as waste;
       (iv) uranium from a high-enriched uranium stockpile 
     (excluding stockpiles intended for national security needs), 
     which can be blended with lower assay uranium to become HALEU 
     to meet the needs of advanced nuclear reactor developers; and
       (v) uranium from stockpiles intended for other purposes 
     (excluding stockpiles intended for national security needs), 
     but for which uranium could be swapped or replaced in time in 
     such a manner that would not negatively impact the missions 
     of the Department;
       (B) options for expanding, or establishing new, 
     capabilities or infrastructure to support the processing of 
     uranium from Department inventories;
       (C) options for accelerating the availability of HALEU from 
     HALEU enrichment demonstration projects of the Department;
       (D) options for providing HALEU from domestically enriched 
     HALEU procured by the Department through a competitive 
     process pursuant to the Nuclear Fuel Security Program 
     established under subsection (e)(1);
       (E) options to replenish, as needed, Department stockpiles 
     of uranium made available pursuant to subparagraph (A) with 
     domestically enriched HALEU procured by the Department 
     through a competitive process pursuant to the Nuclear Fuel 
     Security Program established under subsection (e)(1); and
       (F) options that combine 1 or more of the approaches 
     described in subparagraphs (A) through (E) to meet the 
     deadlines described in paragraph (2).
       (4) Limitations.--
       (A) Certain services.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to--
       (i) the final disposition of radioactive waste from uranium 
     that is the subject of a contract for sale, resale, transfer, 
     or lease under this subsection; or
       (ii) environmental cleanup activities.
       (B) Certain commitments.--In carrying out activities under 
     this subsection, the Secretary--
       (i) may not make commitments under this subsection 
     (including cooperative agreements (used in accordance with 
     section 6305 of title 31, United States Code), purchase 
     agreements, guarantees, leases, service contracts, or any 
     other type of commitment) for the purchase or other 
     acquisition of HALEU or LEU unless--

       (I) funds are specifically provided for those purposes in 
     advance in appropriations Acts enacted after the date of 
     enactment of this Act; or
       (II) the commitment is funded entirely by funds made 
     available to the Secretary from the account described in 
     subsection (j)(2)(B); and

       (ii) may make a commitment described in clause (i) only--

       (I) if the full extent of the anticipated costs stemming 
     from the commitment is recorded as an obligation at the time 
     that the commitment is made; and
       (II) to the extent of that up-front obligation recorded in 
     full at that time.

       (5) Sunset.--The authority of the Secretary to carry out 
     activities under this subsection shall terminate on the date 
     on which the Secretary notifies Congress that the HALEU needs 
     of advanced nuclear reactor developers can be fully met by 
     commercial HALEU suppliers in the United States, as 
     determined by the Secretary, in consultation with U.S. 
     nuclear energy companies.
       (i) Domestic Sourcing Considerations.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may only carry out an activity in connection with 1 
     or more of the Programs if--
       (A) the activity promotes manufacturing in the United 
     States associated with uranium supply chains; or
       (B) the activity relies on resources, materials, or 
     equipment developed or produced--
       (i) in the United States; or
       (ii) in a country that is an ally or partner of the United 
     States by--

       (I) the government of that country;
       (II) an associated entity; or
       (III) a U.S. nuclear energy company.

       (2) Waiver.--The Secretary may waive the requirements of 
     paragraph (1) with respect to an activity if the Secretary 
     determines a waiver to be necessary to achieve 1 or more of 
     the objectives described in subsection (c).
       (j) Reasonable Compensation.--
       (1) In general.--In carrying out activities under this 
     section, the Secretary shall ensure that any LEU and HALEU 
     made available by the Secretary under 1 or more of the 
     Programs is subject to reasonable compensation, taking into 
     account the fair market value of the LEU or HALEU and the 
     purposes of this section.
       (2) Availability of certain funds.--
       (A) In general.--Notwithstanding section 3302(b) of title 
     31, United States Code, revenues received by the Secretary 
     from the sale or transfer of fuel feed material acquired by 
     the Secretary pursuant to a contract entered into under 
     clause (i) or (ii) of subsection (f)(1)(A) shall--
       (i) be deposited in the account described in subparagraph 
     (B);
       (ii) be available to the Secretary for carrying out the 
     purposes of this section, to reduce the need for further 
     appropriations for those purposes; and
       (iii) remain available until expended.
       (B) Revolving fund.--There is established in the Treasury 
     an account into which the revenues described in subparagraph 
     (A) shall be--
       (i) deposited in accordance with clause (i) of that 
     subparagraph; and
       (ii) made available in accordance with clauses (ii) and 
     (iii) of that subparagraph.
       (k) Nuclear Regulatory Commission.--The Nuclear Regulatory 
     Commission shall prioritize and expedite consideration of any 
     action related to the Programs to the extent permitted under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and 
     related statutes.
       (l) USEC Privatization Act.--The requirements of section 
     3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-
     10(d)(2)) shall

[[Page S3490]]

     not apply to activities related to the Programs.
       (m) National Security Needs.--The Secretary shall only make 
     available to a member of the consortium under this section 
     for commercial use or use in a demonstration project material 
     that the President has determined is not necessary for 
     national security needs during or prior to fiscal year 2023, 
     subject to the condition that the material made available 
     shall not include any material that the Secretary determines 
     to be necessary for the National Nuclear Security 
     Administration or any critical mission of the Department.
       (n) International Agreements.--This section shall be 
     applied in a manner consistent with the obligations of the 
     United States under international agreements.
       (o) Report on Civil Nuclear Credit Program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that identifies the anticipated funding 
     requirements for the civil nuclear credit program described 
     in section 40323 of the Infrastructure Investment and Jobs 
     Act (42 U.S.C. 18753), taking into account--
       (1) the zero-emission nuclear power production credit 
     authorized by section 45U of the Internal Revenue Code of 
     1986; and
       (2) any increased fuel costs associated with the use of 
     domestic fuel that may arise from the implementation of that 
     program.
       (p) Supply Chain Infrastructure and Workforce Capacity 
     Building.--
       (1) Supply chain infrastructure.--Section 10781(b)(1) of 
     Public Law 117-167 (commonly known as the ``CHIPS and Science 
     Act of 2022'') (42 U.S.C. 19351(b)(1)) is amended by striking 
     ``and demonstration of advanced nuclear reactors'' and 
     inserting ``demonstration, and deployment of advanced nuclear 
     reactors and associated supply chain infrastructure''.
       (2) Workforce capacity building.--Section 954(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
       (A) in the subsection heading, by striking ``Graduate'';
       (B) by striking ``graduate'' each place it appears;
       (C) in paragraph (2)(A), by inserting ``community colleges, 
     trade schools, registered apprenticeship programs, pre-
     apprenticeship programs,'' after ``universities,'';
       (D) in paragraph (3), by striking ``2021 through 2025'' and 
     inserting ``2023 through 2027'';
       (E) by redesignating paragraph (3) as paragraph (4); and
       (F) by inserting after paragraph (2) the following:
       ``(A) Focus areas.--In carrying out the subprogram under 
     this subsection, the Secretary may implement traineeships in 
     focus areas that, in the determination of the Secretary, are 
     necessary to support the nuclear energy sector in the United 
     States, including--
       ``(i) research and development;
       ``(ii) construction and operation;
       ``(iii) associated supply chains; and
       ``(iv) workforce training and retraining to support 
     transitioning workforces.''.
                                 ______
                                 
  SA 1000. 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. CRYPTO ASSET ANTI-MONEY LAUNDERING EXAMINATION 
                   STANDARDS.

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

     SEC. ___02. COMBATING ANONYMOUS CRYPTO ASSET TRANSACTIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of the Treasury shall submit a report and 
     provide a briefing, as determined by the Secretary, to the 
     Committee on Banking, Housing and Urban Affairs of the Senate 
     and the Committee on Financial Services of the House of 
     Representatives that assess the following issues:
       (1) Categories of anonymity-enhancing technologies or 
     services used in connection with crypto assets, such as 
     mixers and tumblers, in use as of the date on which the 
     report is submitted.
       (2) As data are available, estimates of the magnitude of 
     transactions related to the categories in paragraph (1) that 
     are believed to be connected, directly or indirectly, to 
     illicit finance, including crypto asset transaction volumes 
     associated with sanctioned entities and entities subject to 
     special measures pursuant to section 5318A of title 31, 
     United States Code, and a description of any limitations 
     applicable to the data used in such estimates.
       (3) Categories of privacy-enhancing technologies or 
     services used in connection with crypto assets in use as of 
     the date on which the report is submitted.
       (4) Legislative and regulatory approaches employed by other 
     jurisdictions relating to the technologies and services 
     described in paragraphs (1) and (3).
       (5) Recommendations for legislation or regulation relating 
     to the technologies and services described in paragraphs (1) 
     and (3).
                                 ______
                                 
  SA 1001. 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__. PROHIBITION ON CLOSURE OF COMBAT READINESS 
                   TRAINING CENTERS.

       (a) Limitation.--The Secretary of the Air Force shall not 
     close, or prepare to close, any combat readiness training 
     center.
       (b) Waiver.--The Secretary of the Air Force may waive the 
     prohibition 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 1002. 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 D of title XXXI, 
     insert the following:

     SEC. 10____. PROHIBITION ON EXPORTS OF LIQUEFIED NATURAL GAS 
                   TO CERTAIN COUNTRIES.

       (a) Prohibitions.--Notwithstanding any other provision of 
     law, unless a waiver has been issued under subsection (b), no 
     person or entity may export liquefied natural gas--
       (1) to any entity that is under the ownership or control of 
     the Chinese Communist Party, the People's Republic of China, 
     the Russian Federation, the Democratic People's Republic of 
     Korea, or the Islamic Republic of Iran; or
       (2) except on the condition that such liquefied natural gas 
     will not be exported to the People's Republic of China, the 
     Russian Federation, the Democratic People's Republic of 
     Korea, or the Islamic Republic of Iran.
       (b) Waiver.--
       (1) In general.--On application by an exporter, the 
     Secretary of Energy may waive, prior to the date of the 
     applicable contract, the prohibitions described in subsection 
     (a) with respect to the sale of liquefied natural gas.
       (2) Requirement.--The Secretary of Energy may issue a 
     waiver under this subsection only if the Secretary of Energy 
     determines that the waiver is in the interest of the national 
     security of the United States.
       (3) Applications.--An exporter seeking a waiver under this 
     subsection shall submit to the Secretary of Energy an 
     application by such date, in such form, and containing such 
     information as the Secretary of Energy may require.
       (4) Notice to congress.--Not later than 15 days after 
     issuing a waiver under this subsection, the Secretary of 
     Energy shall provide a copy of the waiver to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 1003. Ms. CANTWELL submitted an amendment intended to be proposed

[[Page S3491]]

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. __. FLIGHT EDUCATION ACCESS ACT.

       (a) Short Title.--This section may be cited as the ``Flight 
     Education Access Act''.
       (b) Increase in Federal Student Loan Limits for Students in 
     Flight Education and Training Programs.--Section 455 of the 
     Higher Education Act of 1965 (20 U.S.C. 1087e) is amended--
       (1) in subsection (p)--
       (A) by striking ``Each institution'' and inserting the 
     following:
       ``(1) In general.--Each institution''; and
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by inserting before the period at the end the following: 
     ``and, shall, with respect to Federal Direct Unsubsidized 
     Stafford Loans made after the date of enactment of the Flight 
     Education Access Act to an eligible student (as defined in 
     subsection (r)), comply with the requirements of paragraph 
     (2)''; and
       (C) by adding at the end the following:
       ``(2) Additional disclosures.--At or prior to the 
     disbursement of a Federal Direct Unsubsidized Stafford Loan 
     after the date of enactment of the Flight Education Access 
     Act to an eligible student (as defined in subsection (r)), 
     the following shall be disclosed:
       ``(A) The principal amount of the loan, the stated interest 
     rate on the loan, the number of required monthly payments to 
     be made on the loan (which shall be based on a standard 
     repayment plan), and the estimated number of months before 
     the start of the repayment period for the loan (based on the 
     expected date on which the repayment period is to begin or 
     the deferment period is to end, as applicable).
       ``(B) The estimated balance to be owed by the borrower on 
     such loan (including, if applicable, the estimated amount of 
     interest to be capitalized) as of the scheduled date on which 
     the repayment period is to begin or the deferment period is 
     to end, as applicable, and an estimate of the projected 
     monthly payment.
       ``(C) An estimate of the aggregate amount the borrower will 
     pay for the loan, including the total amount of monthly 
     payments made over the life of the loan plus the amount of 
     any charges for the loan, such as an origination fee.''; and
       (2) by adding at the end the following:
       ``(r) Increase in Loan Limits for Students in Flight 
     Education and Training Programs.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, the loan limits for Federal Direct Unsubsidized 
     Stafford Loans made after the date of enactment of the Flight 
     Education Access Act with respect to eligible students shall 
     be subject to this subsection.
       ``(2) Definitions.--In this section:
       ``(A) Eligible student.--The term `eligible student' means 
     a student who is enrolled in an eligible undergraduate flight 
     education and training program.
       ``(B) Eligible undergraduate flight education and training 
     program.--The term `eligible undergraduate flight education 
     and training program' means an undergraduate flight education 
     and training program that offers training for applicants 
     seeking a commercial pilot certificate and--
       ``(i) during the period beginning on the date of enactment 
     of the Flight Education Access Act and ending on the date on 
     which 3 years of data has been collected pursuant to 
     paragraph (3)(C), that meets all the applicable requirements 
     of this Act; and
       ``(ii) beginning on the date on which 3 years of data has 
     been collected pursuant to paragraph (3)(C), that meets all 
     the applicable requirements of this Act and has a completion 
     rate averaged over a 3-year period, as calculated under 
     paragraph (3)(C) that is equal to or greater than 70 percent.
       ``(C) Undergraduate flight education and training 
     program.--The term `undergraduate flight education and 
     training program'--
       ``(i) has the meaning given the term by the Secretary, in 
     consultation with the Administrator of the Federal Aviation 
     Administration;
       ``(ii) shall include a flight education and training 
     program offered by an eligible institution that is accredited 
     by an accrediting agency recognized by the Secretary, that--

       ``(I) awards undergraduate certificates or associate or 
     bachelor degrees; and
       ``(II) provides pilot training in accordance with part 141 
     of title 14, Code of Federal Regulations, or any successor 
     regulation; and

       ``(iii) shall not include a flight education and training 
     program certified under part 61 of title 14, Code of Federal 
     Regulations, or any successor regulation.
       ``(3) Loan limits for eligible undergraduate flight 
     education and training programs.--
       ``(A) Limits for eligible students who are dependent 
     students.--
       ``(i) Annual limits.--The maximum annual amount of Federal 
     Direct Unsubsidized Stafford Loans an eligible student who is 
     a dependent student may borrow in any academic year (as 
     defined in section 481(a)(2)) or its equivalent shall be--

       ``(I) in the case of an eligible student at an eligible 
     institution who has not successfully completed the first year 
     of an eligible undergraduate flight education and training 
     program--

       ``(aa) $13,500, if such student is enrolled in such a 
     program whose length is at least one academic year in length; 
     or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year;

       ``(II) in the case of an eligible student at an eligible 
     institution who has successfully completed the first year of 
     an eligible undergraduate flight education and training 
     program but has not yet successfully completed the remainder 
     of such program--

       ``(aa) $15,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year;

       ``(III) in the case of a student at an eligible institution 
     who has successfully completed the first year and second 
     years of an eligible undergraduate flight education and 
     training program but has not yet successfully completed the 
     remainder of such program--

       ``(aa) $16,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year; and

       ``(IV) in the case of a student at an eligible institution 
     who has successfully completed the first, second, and third 
     years of an eligible undergraduate flight education and 
     training program but has not yet successfully completed the 
     remainder of such program--

       ``(aa) $15,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year.
       ``(ii) Aggregate limits.--The maximum aggregate amount of 
     Federal Direct Unsubsidized Stafford Loans an eligible 
     student who is a dependent student may borrow shall be 
     $65,000.
       ``(B) Limits for eligible students who are independent 
     students.--
       ``(i) Annual limits.--The maximum annual amount of Federal 
     Direct Unsubsidized Stafford Loans an eligible student who is 
     an independent student may borrow in any academic year (as 
     defined in section 481(a)(2)) or its equivalent shall be--

       ``(I) in the case of an eligible student at an eligible 
     institution who has not successfully completed the first year 
     of an eligible undergraduate flight education and training 
     program--

       ``(aa) $21,500, if such student is enrolled in such a 
     program whose length is at least one academic year in length; 
     or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year;

       ``(II) in the case of an eligible student at an eligible 
     institution who has successfully completed the first year of 
     an eligible undergraduate flight education and training 
     program but has not yet successfully completed the remainder 
     of such program--

       ``(aa) $25,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year;

       ``(III) in the case of a student at an eligible institution 
     who has successfully completed the first year and second 
     years of an eligible undergraduate flight education and 
     training program but has not yet successfully completed the 
     remainder of such program--

       ``(aa) $25,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year; and

       ``(IV) in the case of a student at an eligible institution 
     who has successfully completed

[[Page S3492]]

     the first, second, and third years of an eligible 
     undergraduate flight education and training program but has 
     not yet successfully completed the remainder of such 
     program--

       ``(aa) $22,500; or
       ``(bb) if such student is enrolled in such a program that 
     is less than one academic year, the maximum annual loan 
     amount that such student may receive may not exceed the 
     amount that bears the same ratio to the amount specified in 
     item (aa) as the length of such program measured in semester, 
     trimester, quarter, or clock hours bears to one academic 
     year.
       ``(ii) Aggregate limits.--The maximum aggregate amount of 
     Federal Direct Unsubsidized Stafford Loans an eligible 
     student who is an independent student may borrow shall be 
     $107,500.
       ``(C) Data collection on, and calculation of, completion 
     rates.--
       ``(i) In general.--The Secretary shall annually calculate 
     the completion rate of each undergraduate flight education 
     and training program at each eligible institution based on 
     the information collected under clause (ii).
       ``(ii) Collection of information.--The Secretary shall 
     annually collect information, for each academic year, on--

       ``(I) the total number of students enrolled in an 
     undergraduate flight education and training program at an 
     eligible institution; and
       ``(II) those students who complete such program--

       ``(aa) who earn a private pilot's certificate for an 
     airplane category rating with a single-engine class rating 
     while enrolled in such program; or
       ``(bb) who at the time of enrollment, possess such a 
     certificate.
       ``(iii) Calculation of completion rate.--To calculate the 
     completion rate described in clause (i), the Secretary 
     shall--

       ``(I) consider as having completed, those students who earn 
     a private pilot's certificate for an airplane category rating 
     with a single-engine class rating, or who at the time of 
     enrollment possess such a certificate, and complete the 
     undergraduate flight education and training program at an 
     eligible institution--

       ``(aa) that predominantly awards associate degrees, within 
     200 percent of the normal time for completion;
       ``(bb) that predominantly awards bachelor degrees, within 
     150 percent of the normal time for completion; and
       ``(cc) that predominantly awards undergraduate 
     certificates, within 200 percent of the normal time for 
     completion;

       ``(II) consider as not having completed, those students who 
     earn a private pilot's certificate for an airplane category 
     rating with a single-engine class rating, or who at the time 
     of enrollment possess such a certificate, and who transfer 
     out of the undergraduate flight education and training 
     program to another program at the eligible institution that 
     is not an undergraduate flight education and training program 
     or to a program that is not an undergraduate flight education 
     and training program at another eligible institution; and
       ``(III) not include in the calculation, any student who--

       ``(aa) is a foreign national;
       ``(bb) earns a private pilot's certificate for an airplane 
     category rating with a single-engine class rating and 
     transfers out of the undergraduate flight education and 
     training program to another undergraduate flight education 
     and training program at a different eligible institution; or
       ``(cc) is enrolled in an undergraduate flight education and 
     training program and never earns a private pilot's 
     certificate for an airplane category rating with a single-
     engine class rating.
       ``(D) Reporting requirements.--
       ``(i) In general.--The Secretary shall require each 
     undergraduate flight education and training program that 
     enrolls students who receive assistance under this part to 
     provide the data described in this subparagraph that is 
     necessary for the completion of the reporting requirements 
     described in this subparagraph.
       ``(ii) Form of data collection.--The Secretary shall 
     prescribe the form and format of the data required to be 
     provided under this subparagraph and include, at a minimum, 
     the following data elements:

       ``(I) Student data elements necessary to calculate student 
     enrollment, persistence, retention, transfer, and completion 
     rates.
       ``(II) Information disaggregated by gender, race, 
     ethnicity, and socioeconomic status.

       ``(iii) Report to congress.--Not later than 9 months after 
     the date of enactment of the Flight Education Access Act and 
     biennially thereafter, the Secretary shall submit a report to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate, the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Education and 
     the Workforce of the House of Representatives, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, analyzing and assessing the data 
     collected pursuant to this subparagraph and conforming to the 
     requirements of this subparagraph that shall include the 
     following:

       ``(I) An assessment of the effectiveness of the 
     requirements under this subsection.
       ``(II) Information on enrollment, persistence, retention, 
     transfer, completion, utilization of Federal financial aid, 
     and unmet financial need, including information on applicable 
     institutions.
       ``(III) Information on the gender, race, ethnicity, and 
     socioeconomic status of students enrolled in an undergraduate 
     flight education and training program.''.

       (c) GAO Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) examine and review the implementation of this section 
     and the amendments made by this section, which review shall 
     include--
       (A) the number of participating institutions offering 
     undergraduate flight education and training programs (as 
     defined in section 455(r) of the Higher Education Act of 1965 
     (20 U.S.C. 1087e(r)), as amended by this section);
       (B) the number of students enrolled in such undergraduate 
     flight education and training programs, and demographic data 
     regarding such students;
       (C) the level of such students' participation in the loan 
     program under part D of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1087a et seq.), including demographic data 
     as appropriate; and
       (D) feedback from participating institutions regarding the 
     implementation of this section and the amendments made by 
     this section;
       (2) develop recommendations to the Department of Education 
     on any changes that should be made to improve the 
     implementation of this section and the amendments made by 
     this section; and
       (3) prepare and submit a report on the findings and 
     recommendations under paragraphs (1) and (2) to--
       (A) the Committee on Health, Education, Labor, and Pensions 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate; and
       (B) the Committee on Education and the Workforce and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (d) Rule of Construction.--Nothing in this section, or an 
     amendment made by this section, shall be construed to repeal, 
     amend, supersede, or affect any pilot training or 
     qualification provision under existing law.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Education, in addition 
     to any amounts otherwise available, to carry out the 
     amendments made by this section, $3,000,000 for each of 
     fiscal years 2024 through 2033. Such funds shall be available 
     until expended.

     SEC. __. REGIONAL AIR CARRIER PILOT TRAINING AND DEVELOPMENT 
                   PROGRAM.

       (a) In General.--Subject to the availability of 
     appropriations, not later than 90 days after the date of 
     enactment of this section, the Secretary of Transportation 
     (in this section referred to as the ``Secretary'') shall 
     establish a pilot program to award grants to eligible 
     applicants to support payment of costs--
       (1) related to required flight education and training for 
     aspiring pilots to become employed by a certificate holder 
     under part 119 of title 14, Code of Federal Regulations, 
     which conducts scheduled operations under part 135 or 121 of 
     that title exclusively with aircraft having a seating 
     capacity of not more than 80 passengers; and
       (2) for the training of pilots employed by a certificate 
     holder that conducts operations described in paragraph (1).
       (b) Eligible Applicants.--An application for a grant under 
     this section shall be submitted in such form as the Secretary 
     may require, by an eligible applicant pursuing flight 
     education or training, including flight training on regional 
     aircraft, who demonstrates to the Secretary--
       (1) documentation of enrollment in an eligible pilot 
     development program described in subsection (g); and
       (2) receipt of direct financial assistance from a 
     certificate holder for costs described in subsection (a) 
     relating to flight education and training to participate in 
     such pilot development program.
       (c) Matching Funds.--In carrying out the pilot program 
     established under this section, the Secretary shall award 
     grants to support the flight education and training of an 
     eligible applicant by issuing matching funds for amounts 
     equal to the amount of direct financial assistance provided 
     by a certificate holder that conducts operations described in 
     subsection (a)(1) for the purposes of participation in an 
     eligible pilot development program, provided that an 
     individual grant for an eligible applicant provided under 
     this subsection does not exceed $30,000. An eligible 
     applicant may receive no more than one grant under the pilot 
     program. The Secretary may reserve up to 5 percent of the 
     funds made available under subsection (j) per fiscal year to 
     carry out this section and provide oversight of the program 
     by the Secretary.
       (d) Use of Funds.--
       (1) In general.--A grant awarded under this section shall 
     be used to support the costs of an eligible applicant's--
       (A) flight training services;
       (B) program tuition;
       (C) training materials;
       (D) equipment; or
       (E) any other cost associated with expenses incurred by an 
     eligible applicant for purposes of receiving flight education 
     and training, including aircraft type training on regional 
     jet aircraft or simulation equipment, through an eligible 
     pilot development program.
       (2) Return of grant funds.--

[[Page S3493]]

       (A) In general.--Grant funds disbursed to an eligible 
     applicant by the Secretary pursuant to subsection (c) that 
     are--
       (i) used in violation of paragraph (1);
       (ii) not expended as of the earlier of the date of 
     termination of the eligible applicant's participation in, or 
     the expiration of, the pilot program established in 
     subsection (a); or
       (iii) used by an eligible applicant who withdraws from, or 
     does not complete, flight education and training,
     shall be returned to the Secretary not later than 30 days 
     after the Secretary issues a written determination to the 
     eligible applicant stating the necessity for, and compelling 
     the return of, appropriate grant funds.
       (B) Authority.--The Secretary may investigate any eligible 
     applicants who use grant funds in violation of paragraph (1).
       (e) Preference for Employment With Regional Air Carriers.--
     In awarding grants under subsection (c) to an eligible 
     applicant, the Secretary shall give preferential 
     consideration to an eligible applicant who demonstrates a 
     documented commitment, on a voluntary basis, to initiate or 
     continue employment with a certificate holder that conducts 
     operations described in subsection (a)(1) until such time as 
     the eligible applicant attains the position of captain and 
     serves in such position for at least 2 years.
       (f) Considerations.--In carrying out the pilot program 
     established under this section, the Secretary shall consider 
     the following:
       (1) Ensuring the issuance of awards reflects equal 
     consideration of all eligible pilot development programs 
     operated by certificate holders that conducts operations 
     described in subsection (a)(1) from which eligible applicants 
     could be enrolled in and receive direct financial assistance 
     for flight education and training.
       (2) Developing and issuing policies, in coordination with 
     eligible pilot development programs described in subsection 
     (g) that are operated by such certificate holders, to verify 
     the use of awarded grant funds by eligible applicants to 
     support costs related to flight education and training.
       (g) Eligible Pilot Development Program.--For purposes of 
     the pilot program established under this section, an eligible 
     pilot development program shall meet the following criteria:
       (1) The program shall be operated by, affiliated with, or 
     have an agreement with, a certificate holder that conducts 
     operations described in subsection (a)(1) for the purposes of 
     conducting flight education and training and providing 
     student pilots pathways for employment with a certificate 
     holder.
       (2) The program shall be operated in conjunction with an 
     eligible institution that--
       (A) is accredited by an accrediting agency recognized by 
     the Secretary of Education that awards undergraduate 
     certificates or associate or bachelor's degrees; or
       (B) provides pilot training in accordance with part 141 of 
     title 14, Code of Federal Regulations, or any successor 
     regulation, and contracts with an eligible institution 
     described in subparagraph (A).
       (3) The program shall not include a flight education and 
     training program certified under part 61 of title 14, Code of 
     Federal Regulations (or any successor regulation).
       (4) The program shall be able to facilitate an eligible 
     applicant's ability to fulfill Federal Aviation 
     Administration flight education and training requirements.
       (5) The program provides direct financial assistance to an 
     enrolled eligible applicant or reimburses an enrolled 
     eligible applicant for costs associated with expenses 
     incurred by an enrolled eligible applicant for purposes of 
     receiving flight education and training.
       (h) Consolidation of Information.--The Secretary shall 
     provide, in a readily accessible web-based format, 
     consolidated information on grants available under the pilot 
     program established under this section.
       (i) Report to Congress.--No later than 5 years after the 
     establishment of the pilot program under this section, the 
     Secretary shall submit a report (and provide a briefing) to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives on the progress of the pilot 
     program under this section, including--
       (1) any detailed metrics associated with the implementation 
     of the pilot program;
       (2) the resulting impact on the domestic regional carrier 
     pilot workforce; and
       (3) any related recommendations for future action to 
     improve the recruitment and retention of pilots at domestic 
     regional carriers.
       (j) Rule of Construction.--Nothing in this section shall be 
     construed to repeal, amend, supersede, or affect any pilot 
     training or qualification provision under existing law.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $21,000,000 for 
     each of fiscal years 2024 through 2026, to remain available 
     until expended.
                                 ______
                                 
  SA 1004. 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 C of title XII, add the following:

     SEC. 1240A. REPORT ON WAIVERS UNDER SECTION 907 OF THE 
                   FREEDOM FOR RUSSIA AND EMERGING EURASIAN 
                   DEMOCRACIES AND OPEN MARKETS SUPPORT ACT OF 
                   1992 AND REPORT ON ACCESS TO THE LACHIN 
                   CORRIDOR.

       (a) Sense of Congress.--It is the sense of Congress that 
     the waiver of section 907 of the FREEDOM Support Act (Public 
     Law 102-511; 22 U.S.C. 5812 note) has emboldened the 
     Government of Azerbaijan to violate human rights and 
     international law with impunity, undermining ongoing efforts 
     to negotiate a peaceful settlement between Armenia and 
     Azerbaijan.
       (b) Reports.--
       (1) Waivers under section 907 of the freedom for russia and 
     emerging eurasian democracies and open markets support act of 
     1992.--
       (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 Secretary of Defense, shall submit a 
     report to the appropriate committees of Congress on United 
     States security assistance provided to the Government of 
     Azerbaijan pursuant to the waiver of section 907 of the 
     FREEDOM Support Act (Public Law 102-511; 22 U.S.C. 5812 
     note).
       (B) Elements.--The report required by subparagraph (A) 
     shall address the following:
       (i) Documentation of the consideration by the Secretary of 
     State, during the 5-year period ending on the date of the 
     enactment of this Act, of all requirements relating to the 
     waiver of section 907 of the FREEDOM Support Act (Public Law 
     102-511; 22 U.S.C. 5812 note).
       (ii) Program-level detail and end-use monitoring reports of 
     security assistance provided to the Government of Azerbaijan 
     under such a waiver during such 5-year period.
       (iii) An assessment of the impact of United States security 
     assistance provided to Azerbaijan on--

       (I) the negotiation of a peaceful settlement between 
     Armenia and Azerbaijan over all disputed regions during such 
     5-year period; and
       (II) the military balance between Azerbaijan and Armenia 
     during such 5-year period.

       (iv) An assessment of Azerbaijan's use of offensive force 
     against Armenia or violations of Armenian sovereign territory 
     during the period beginning on November 11, 2020, and ending 
     on the date of the enactment of this Act.
       (2) Access to the lachin corridor.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in consultation with the Secretary of Defense and the 
     Administrator of the United States Agency for International 
     Development, shall submit to the appropriate committees of 
     Congress a report on the Nagorno-Karabakh region that 
     includes--
       (A) an assessment of the humanitarian impact of 
     Azerbaijan's blockade of the Lachin Corridor, which connects 
     Armenia to Nagorno-Karabakh; and
       (B) an assessment of the blockade's long-term impacts on--
       (i) regional food, water, and energy security;
       (ii) local civilians' ability to access basic medical care 
     and other necessities;
       (iii) the region's most vulnerable populations, including 
     children, the elderly, and individuals with disabilities; and
       (iv) the overall Nagorno-Karabakh conflict and prospects 
     for de-escalating and avoiding a humanitarian crisis.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     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.
                                 ______
                                 
  SA 1005. 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 A of title XV, add the following:

     SEC. 1510. PILOT PROGRAM ON DEVELOPMENT OF REENTRY VEHICLES 
                   AND RELATED SYSTEMS.

       (a) In General.--The Secretary of the Air Force may carry 
     out a pilot program, to be known as the ``Reentry Vehicle 
     Flight Test Bed Program'', to assess the feasibility of 
     providing regular flight test opportunities that support the 
     development of reentry vehicles--
       (1) to facilitate technology upgrades tested in a realistic 
     flight environment;
       (2) to provide an enduring, high-cadence test bed to mature 
     technologies for planned reentry vehicles; and
       (3) to transition technologies developed under other 
     programs, prototype projects, or research and development 
     programs related to long-range ballistic missiles.
       (b) Grants, Contracts, and Other Agreements.--

[[Page S3494]]

       (1) Authority.--In carrying out a pilot program under this 
     section, the Secretary may make grants and enter into 
     contracts or other agreements with appropriate entities for 
     the conduct of relevant flight tests of reentry vehicles and 
     systems.
       (2) Use of funds.--An entity that receives a grant, or 
     enters into a contract or other agreement, as part of a pilot 
     program carried out under this section shall use the grant, 
     or any amount received under the contract or other agreement, 
     to carry out one or more of the following activities:
       (A) Conducting flight tests to develop or validate--
       (i) aeroshell design;
       (ii) thermal protective systems;
       (iii) guidance and control systems;
       (iv) sensors;
       (v) communications;
       (vi) environmental sensors; or
       (vii) other relevant technologies.
       (B) Expanding flight test opportunities through low-cost, 
     high cadence platforms.
       (c) Coordination.--If the Secretary of the Air Force 
     carries out a pilot program under this section, the Secretary 
     shall ensure that the activities under the pilot program are 
     carried out in coordination with the Secretary of Defense and 
     the Secretary of the Navy.
       (d) Termination.--The authority to carry out a pilot 
     program under this section shall terminate on December 31, 
     2029.
                                 ______
                                 
  SA 1006. 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 appropriate place, insert the following:

     SEC. 565. REPORT ON MENTAL HEALTH SUPPORT OF STUDENTS 
                   ENROLLED IN DEPARTMENT OF DEFENSE EDUCATION 
                   ACTIVITY SCHOOLS.

       (a) In General.--Not later than December 1, 2024, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on programs and policies in Department of Defense 
     Education Activity (DODEA) schools to support mental health 
     and wellness among students.
       (b) Elements.--The report required under subsection (a) 
     shall include, at a minimum, the following elements:
       (1) A description of the mental health and wellness 
     resources available to students enrolled in DODEA schools.
       (2) An overview of policies and procedures in place in 
     DODEA schools to ensure that students are regularly screened 
     for mental health and wellness.
       (3) An overview of policies and procedures in place in 
     DODEA schools for administrators and teachers to communicate 
     and coordinate with parents and guardians of students in 
     DODEA schools in cases where students have a demonstrated 
     need for mental health and wellness support.
       (4) Any recommendations for new policies, programs, or 
     resources to improve mental health and wellness support for 
     students enrolled in DODEA schools.
       (5) An assessment of the feasibility and advisability of 
     conducting a pilot program to detail licensed medical health 
     care providers under the control of the Defense Health Agency 
     to DODEA schools in order to improve mental health and 
     wellness care for students enrolled in DODEA schools.
       (6) Any other matters the Secretary concerned deems 
     relevant and appropriate.
       (c) Student Mental Health and Wellness Defined.--For 
     purposes of this section, student mental health and wellness 
     includes, at a minimum, the following:
       (1) Depression.
       (2) Suicidal ideation.
       (3) Anxiety.
       (4) Attention-deficit/hyperactivity disorder (ADHD).
       (5) Eating disorders.
       (6) Substance abuse.
       (7) Dual diagnosis conditions.
                                 ______
                                 
  SA 1007. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1299L. EXTENSION OF ANNUAL REPORT ON STRIKES UNDERTAKEN 
                   BY THE UNITED STATES AGAINST TERRORIST TARGETS 
                   OUTSIDE AREAS OF ACTIVE HOSTILITIES.

       Section 1723 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1811) is 
     amended--
       (1) in subsection (a), by striking ``until 2022'' and 
     inserting ``until 2028'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The report'' and inserting ``Each report''; and
       (B) in paragraph (1), by striking the semicolon and 
     inserting ``; and''; and
       (3) in subsection (d), by striking ``The report'' and 
     inserting ``Each report''.
                                 ______
                                 
  SA 1008. Mr. TILLIS (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. INVESTIGATION AND REPORT ON NATIONAL SECURITY 
                   IMPACTS OF TRIPS WAIVERS RELATING TO COVID-19 
                   TECHNOLOGIES.

       (a) Investigation.--The Secretary of Defense shall 
     immediately after the date of the enactment of this Act 
     initiate an investigation, in consultation with the Secretary 
     of Commerce, to determine the effects of any proposed TRIPS 
     waiver on the national security of the United States.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date on 
     which an investigation is initiated under subsection (a), the 
     Secretary of Defense, in consultation with the Secretary of 
     Commerce, shall submit to the President a report that 
     includes--
       (A) the findings of such investigation with respect to the 
     effects of a TRIPS waiver on the national security of the 
     United States; and
       (B) the recommendations of the Secretary of Defense for 
     action or inaction regarding the TRIPS waiver.
       (2) Mandatory recommendation of opposition.--If the 
     Secretary of Defense finds that a TRIPS waiver threatens to 
     impair the national security of the United States, the 
     Secretary shall include in the report required by paragraph 
     (1) a recommendation to permanently oppose such TRIPS waiver.
       (3) Publication.--Not later than 10 days after the 
     President receives the report required by paragraph (1), the 
     President shall publish in the Federal Register each portion 
     of the report that does not contain classified or proprietary 
     information.
       (c) Statement to Congress.--Not later than 30 days after 
     the date on which the President receives the report required 
     by subsection (b)(1), the President shall submit to the 
     appropriate congressional committees a written statement 
     describing the manner and extent to which the findings in 
     such report will influence the decisions of the President on 
     using the voice, vote, and influence of the United States at 
     the World Trade Organization with respect to a TRIPS waiver.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Armed Services, the Committee on Ways 
     and Means, and the Committee on the Judiciary of the House of 
     Representatives.
       (2) TRIPS agreement.--The term ``TRIPS Agreement'' means 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).
       (3) TRIPS waiver.--The term ``TRIPS waiver'' means any 
     waiver related to COVID-19 technologies of an obligation 
     imposed on members of the World Trade Organization under the 
     TRIPS Agreement.
                                 ______
                                 
  SA 1009. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1299L. CLARIFICATION OF RELATIONSHIP TO OTHER 
                   AUTHORITIES WITH RESPECT TO AUTHORITY FOR 
                   CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.

       Section 1213 of the National Defense Authorization Act for 
     Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking 
     subsection (i).
                                 ______
                                 
  SA 1010. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S3495]]

  


     SEC. 10___. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       (a) Short Title.--This section may be cited as the 
     ``Radiation Exposure Compensation Expansion Act''.
       (b) Claims Relating to Manhattan Project Waste.--The 
     Radiation Exposure Compensation Act (Public Law 101-426; 42 
     U.S.C. 2210 note) is amended by inserting after section 5 the 
     following:

     ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       ``(a) In General.--A claimant shall receive compensation 
     for a claim made under this Act, as described in subsection 
     (b) or (c), if--
       ``(1) a claim for compensation is filed with the Attorney 
     General--
       ``(A) by an individual described in paragraph (2); or
       ``(B) on behalf of that individual by an authorized agent 
     of that individual, if the individual is deceased or 
     incapacitated, such as--
       ``(i) an executor of estate of that individual; or
       ``(ii) a legal guardian or conservator of that individual;
       ``(2) that individual, or if applicable, an authorized 
     agent of that individual, demonstrates that the individual--
       ``(A) was physically present in an affected area for a 
     period of at least 2 after January 1, 1949; and
       ``(B) contracted a specified disease after such period of 
     physical presence;
       ``(3) the Attorney General certifies that the identity of 
     that individual, and if applicable, the authorized agent of 
     that individual, is not fraudulent or otherwise 
     misrepresented; and
       ``(4) the Attorney General determines that the claimant has 
     satisfied the applicable requirements of this Act.
       ``(b) Losses Available to Living Affected Individuals.--
       ``(1) In general.--In the event of a claim qualifying for 
     compensation under subsection (a) that is submitted to the 
     Attorney General to be eligible for compensation under this 
     section at a time when the individual described in subsection 
     (a)(2) is living, the amount of compensation under this 
     section shall be in an amount that is the greater of $50,000 
     or the total amount of compensation for which the individual 
     is eligible under paragraph (2).
       ``(2) Losses due to medical expenses.--A claimant described 
     in paragraph (1) shall be eligible to receive, upon 
     submission of contemporaneous written medical records, 
     reports, or billing statements created by or at the direction 
     of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, additional 
     compensation in the amount of all documented out-of-pocket 
     medical expenses incurred as a result of the specified 
     disease suffered by that claimant, such as any medical 
     expenses not covered, paid for, or reimbursed through--
       ``(A) any public or private health insurance;
       ``(B) any employee health insurance;
       ``(C) any workers' compensation program; or
       ``(D) any other public, private, or employee health program 
     or benefit.
       ``(c) Payments to Beneficiaries of Deceased Individuals.--
     In the event that an individual described in subsection 
     (a)(2) who qualifies for compensation under subsection (a) is 
     deceased at the time of submission of the claim--
       ``(1) a surviving spouse may, upon submission of a claim 
     and records sufficient to satisfy the requirements of 
     subsection (a) with respect to the deceased individual, 
     receive compensation in the amount of $25,000; or
       ``(2) in the event that there is no surviving spouse, the 
     surviving children, minor or otherwise, of the deceased 
     individual may, upon submission of a claim and records 
     sufficient to satisfy the requirements of subsection (a) with 
     respect to the deceased individual, receive compensation in 
     the total amount of $25,000, paid in equal shares to each 
     surviving child.
       ``(d) Affected Area.--For purposes of this section, the 
     term `affected area' means, in the State of Missouri, the ZIP 
     Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 
     63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 
     63134, 63043, 63341, 63368, and 63367.
       ``(e) Specified Disease.--For purposes of this section, the 
     term `specified disease' means any of the following:
       ``(1) Any leukemia, other than chronic lymphocytic 
     leukemia, provided that the initial exposure occurred after 
     the age of 20 and the onset of the disease was at least 2 
     years after first exposure.
       ``(2) Any of the following diseases, provided that the 
     onset was at least 2 years after the initial exposure:
       ``(A) Multiple myeloma.
       ``(B) Lymphoma, other than Hodgkin's disease.
       ``(C) Type 1 or type 2 diabetes.
       ``(D) Systemic lupus erythematosus.
       ``(E) Multiple sclerosis.
       ``(F) Hashimoto's disease.
       ``(G) Primary cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) esophagus;
       ``(iv) stomach;
       ``(v) pharynx;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary bladder;
       ``(xii) brain;
       ``(xiii) colon;
       ``(xiv) ovary;
       ``(xv) liver, except if cirrhosis or hepatitis B is 
     indicated;
       ``(xvi) lung;
       ``(xvii) bone; or
       ``(xviii) kidney.
       ``(f) Physical Presence.--For purposes of this section, the 
     Attorney General shall not determine that a claimant has 
     satisfied the requirements of subsection (a) unless 
     demonstrated by submission of contemporaneous written 
     residential documentation and at least one additional 
     employer-issued or government-issued document or record that 
     the claimant, for a period of at least 2 years after January 
     1, 1949, was physically present in an affected area or, if 
     applicable, was physically present in an area of the city of 
     St. Louis or the county of St. Louis in the State of Missouri 
     that is outside of an affected area.
       ``(g) Disease Contraction in Affected Areas.--For purposes 
     of this section, the Attorney General shall not determine 
     that a claimant has satisfied the requirements of subsection 
     (a) unless demonstrated by submission of contemporaneous 
     written medical records or reports created by or at the 
     direction of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, that the 
     claimant, after such period of physical presence, contracted 
     a specified disease.''.
       (c) Extension on Fund and Time to Submit Claims.--The 
     Radiation Exposure Compensation Act (Public Law 101-426; 
     U.S.C. 2210 note) is amended--
       (1) in section 3(d)--
       (A) by striking ``2 years after the date of enactment of 
     the RECA Extension Act of 2022'' and inserting ``22 years 
     after the date of enactment the Radiation Exposure 
     Compensation Expansion Act''; and
       (B) by striking ``2-year period'' and inserting ``22-year 
     period''; and
       (2) in section 8(a), by striking ``2 years after the date 
     of enactment of the RECA Extension Act of 2022'' and 
     inserting ``22 years after the date of enactment of the 
     Radiation Exposure Compensation Expansion Act''.
                                 ______
                                 
  SA 1011. 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) OMB guidance.--Not later than 180 days after the date 
     on which the Director of the National Institute of Standards 
     and Technology issues guidelines under paragraph (2), the 
     Director of the Office of Management and Budget shall issue 
     guidance requiring agencies to incorporate the framework into 
     their artificial intelligence risk management efforts, 
     consistent with such guidelines.
       (2) NIST guidelines.--Not later than 180 days after the 
     date of enactment of this Act, the Director of the National 
     Institute of Standards and Technology shall, in consultation 
     with the Administrator, issue guidelines for each agency to 
     incorporate the framework into the artificial intelligence 
     risk management efforts of the agency, which shall--
       (A) provide standards 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) provide standards--

[[Page S3496]]

       (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) recommend training on the framework and the guidelines 
     for each agency responsible for procuring artificial 
     intelligence;
       (E) develop profiles for agency use of artificial 
     intelligence consistent with the framework; and
       (F) develop profiles for framework use for an entity that 
     is a small business concern (as defined in section 3 of the 
     Small Business Act (15 U.S.C. 632)).
       (3) Additional requirements.--
       (A) Draft contract language.--The Administrator shall, in 
     consultation with the Director, 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.
       (B) Templates.--The Director of the Office of Management 
     and Budget shall, in consultation with the Director, provide 
     a template for agency use on the guidance issued under 
     paragraph (1) that includes recommended procedures for 
     implementation.
       (4) 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).
       (5) Supporting material.--In carrying out paragraph (4), 
     the head of each agency may use the supporting materials of 
     the framework, including the playbook.
       (6) 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.
       (7) 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 1012. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10___. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       (a) Short Title.--This section may be cited as the 
     ``Radiation Exposure Compensation Expansion Act''.
       (b) Claims Relating to Manhattan Project Waste.--The 
     Radiation Exposure Compensation Act (Public Law 101-426; 42 
     U.S.C. 2210 note) is amended by inserting after section 5 the 
     following:

     ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       ``(a) In General.--A claimant shall receive compensation 
     for a claim made under this Act, as described in subsection 
     (b) or (c), if--
       ``(1) a claim for compensation is filed with the Attorney 
     General--
       ``(A) by an individual described in paragraph (2); or
       ``(B) on behalf of that individual by an authorized agent 
     of that individual, if the individual is deceased or 
     incapacitated, such as--
       ``(i) an executor of estate of that individual; or
       ``(ii) a legal guardian or conservator of that individual;
       ``(2) that individual, or if applicable, an authorized 
     agent of that individual, demonstrates that the individual--
       ``(A) was physically present in an affected area for a 
     period of at least 2 years after January 1, 1949; and
       ``(B) contracted a specified disease after such period of 
     physical presence;
       ``(3) the Attorney General certifies that the identity of 
     that individual, and if applicable, the authorized agent of 
     that individual, is not fraudulent or otherwise 
     misrepresented; and
       ``(4) the Attorney General determines that the claimant has 
     satisfied the applicable requirements of this Act.
       ``(b) Losses Available to Living Affected Individuals.--
       ``(1) In general.--In the event of a claim qualifying for 
     compensation under subsection (a) that is submitted to the 
     Attorney General to be eligible for compensation under this 
     section at a time when the individual described in subsection 
     (a)(2) is living, the amount of compensation under this 
     section shall be in an amount that is the greater of $50,000 
     or the total amount of compensation for which the individual 
     is eligible under paragraph (2).
       ``(2) Losses due to medical expenses.--A claimant described 
     in paragraph (1) shall be eligible to receive, upon 
     submission of contemporaneous written medical records, 
     reports, or billing statements created by or at the direction 
     of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, additional 
     compensation in the amount of all documented out-of-pocket 
     medical expenses incurred as a result of the specified 
     disease suffered by that claimant, such as any medical 
     expenses not covered, paid for, or reimbursed through--
       ``(A) any public or private health insurance;
       ``(B) any employee health insurance;
       ``(C) any workers' compensation program; or
       ``(D) any other public, private, or employee health program 
     or benefit.
       ``(c) Payments to Beneficiaries of Deceased Individuals.--
     In the event that an individual described in subsection 
     (a)(2) who qualifies for compensation under subsection (a) is 
     deceased at the time of submission of the claim--
       ``(1) a surviving spouse may, upon submission of a claim 
     and records sufficient to satisfy the requirements of 
     subsection (a) with respect to the deceased individual, 
     receive compensation in the amount of $25,000; or
       ``(2) in the event that there is no surviving spouse, the 
     surviving children, minor or otherwise, of the deceased 
     individual may, upon submission of a claim and records 
     sufficient to satisfy the requirements of subsection (a) with 
     respect to the deceased individual, receive compensation in 
     the total amount of $25,000, paid in equal shares to each 
     surviving child.
       ``(d) Affected Area.--For purposes of this section, the 
     term `affected area' means, in the State of Missouri, the ZIP 
     Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 
     63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 
     63134, 63043, 63341, 63368, and 63367.
       ``(e) Specified Disease.--For purposes of this section, the 
     term `specified disease' means any of the following:
       ``(1) Any leukemia, other than chronic lymphocytic 
     leukemia, provided that the initial exposure occurred after 
     the age of 20 and the onset of the disease was at least 2 
     years after first exposure.
       ``(2) Any of the following diseases, provided that the 
     onset was at least 2 years after the initial exposure:
       ``(A) Multiple myeloma.
       ``(B) Lymphoma, other than Hodgkin's disease.
       ``(C) Type 1 or type 2 diabetes.
       ``(D) Systemic lupus erythematosus.
       ``(E) Multiple sclerosis.
       ``(F) Hashimoto's disease.
       ``(G) Primary cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) esophagus;
       ``(iv) stomach;
       ``(v) pharynx;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary bladder;
       ``(xii) brain;
       ``(xiii) colon;
       ``(xiv) ovary;
       ``(xv) liver, except if cirrhosis or hepatitis B is 
     indicated;
       ``(xvi) lung;
       ``(xvii) bone; or
       ``(xviii) kidney.
       ``(f) Physical Presence.--For purposes of this section, the 
     Attorney General shall not determine that a claimant has 
     satisfied the requirements of subsection (a) unless 
     demonstrated by submission of contemporaneous written 
     residential documentation and at least one additional 
     employer-issued or government-issued document or record that 
     the claimant, for a period of at least 2 years after January 
     1, 1949, was physically present in an affected area or, if 
     applicable, was physically present in an area of the city of 
     St. Louis or the county of St. Louis in the State of Missouri 
     that is outside of an affected area.
       ``(g) Disease Contraction in Affected Areas.--For purposes 
     of this section, the Attorney General shall not determine 
     that a claimant has satisfied the requirements of subsection 
     (a) unless demonstrated by submission of contemporaneous 
     written medical records or reports created by or at the 
     direction of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, that the 
     claimant, after such period of physical presence, contracted 
     a specified disease.''.
       (c) Extension on Fund and Time to Submit Claims.--The 
     Radiation Exposure Compensation Act (Public Law 101-426; 
     U.S.C. 2210 note) is amended--
       (1) in section 3(d)--
       (A) by striking ``2 years after the date of enactment of 
     the RECA Extension Act of

[[Page S3497]]

     2022'' and inserting ``22 years after the date of enactment 
     the Radiation Exposure Compensation Expansion Act''; and
       (B) by striking ``2-year period'' and inserting ``22-year 
     period''; and
       (2) in section 8(a), by striking ``2 years after the date 
     of enactment of the RECA Extension Act of 2022'' and 
     inserting ``22 years after the date of enactment of the 
     Radiation Exposure Compensation Expansion Act''.
                                 ______
                                 
  SA 1013. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 779 submitted by Mr. Menendez (for himself, Mr. Kaine, and 
Mrs. Shaheen) and intended to be proposed to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 lieu of the matter proposed to be inserted, , insert 
     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; and
       (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.

     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
       (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.

[[Page S3498]]

       (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
       (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

[[Page S3499]]

     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 TRANSFERS OF UNITED STATES MILITARY TECHNOLOGY 
                           TO TRUSTED ALLIES

     SEC. 7031. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN 
                   FOREIGN MILITARY SALES AND DIRECT COMMERCIAL 
                   SALES.

       (a) Technology Release Policy for Australia, Canada, and 
     the United Kingdom.--The Secretary of State, in consultation 
     with the Secretary of Defense, shall create a policy for key 
     Foreign Military Sales and Direct Commercial Sales for 
     Australia, the United Kingdom, and Canada. Review of these 
     capabilities for releasability shall be subject to an 
     expedited decision-making process with a presumption of 
     approval.
       (b) 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 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 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 for sale and release to 
     Australia, the United Kingdom, and Canada through the Foreign 
     Military Sales and Direct Commercial 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.--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).

     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 of State, in 
     coordination with the Secretary of Defense, shall initiate a 
     rulemaking to establish an expedited decision-making process 
     for applications for the export of commercial defense 
     articles and defense services to Australia, the United 
     Kingdom, and Canada with a presumption of approval.
       (b) Eligibility.--To qualify for the expedited 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.

     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 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 every 2 
     years.
       (2) Scope.--The periodic reviews described under paragraph 
     (1) shall focus on matters including interagency resources to 
     address current threats faced by the United States, the 
     evolving technological and economic landscape, the widespread 
     availability of certain technologies and items on the United 
     States Munitions List, and risks of misuse of United States 
     origin defense articles.

[[Page S3500]]

  


                     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.

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