[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3544-S3552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1043. Mr. PETERS (for himself, Mr. Lankford, Mr. Cornyn, Mr. Scott 
of Florida, Ms. Sinema, and Ms. Rosen) submitted an amendment intended 
to be proposed by him to the bill S. 2226, to authorize appropriations 
for fiscal year 2024 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end, add the following:

  DIVISION I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

           TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY

        Subtitle A--Federal Data Center Enhancement Act of 2023

     SEC. 11001. SHORT TITLE.

       This subtitle may be cited as the ``Federal Data Center 
     Enhancement Act of 2023''.

     SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE 
                   AMENDMENTS.

       (a) Findings.--Congress finds the following:
       (1) The statutory authorization for the Federal Data Center 
     Optimization Initiative under section 834 of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) expired at the end of fiscal year 2022.
       (2) The expiration of the authorization described in 
     paragraph (1) presents Congress with an opportunity to review 
     the objectives of the Federal Data Center Optimization 
     Initiative to ensure that the initiative is meeting the 
     current needs of the Federal Government.
       (3) The initial focus of the Federal Data Center 
     Optimization Initiative, which was to consolidate data 
     centers and create new efficiencies, has resulted in, since 
     2010--
       (A) the consolidation of more than 6,000 Federal data 
     centers; and
       (B) cost savings and avoidance of $5,800,000,000.
       (4) The need of the Federal Government for access to data 
     and data processing systems has evolved since the date of 
     enactment in 2014 of subtitle D of title VIII of the Carl 
     Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015.
       (5) Federal agencies and employees involved in mission 
     critical functions increasingly need reliable access to 
     secure, reliable, and protected facilities to house mission 
     critical data and data operations to meet the immediate needs 
     of the people of the United States.
       (6) As of the date of enactment of this subtitle, there is 
     a growing need for Federal agencies to use data centers and 
     cloud applications that meet high standards for 
     cybersecurity, resiliency, and availability.
       (b) Minimum Requirements for New Data Centers.--Section 834 
     of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 
     3601 note; Public Law 113-291) is amended--
       (1) in subsection (a), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) New data center.--The term `new data center' means--
       ``(A)(i) a data center or a portion thereof that is owned, 
     operated, or maintained by a covered agency; or
       ``(ii) to the extent practicable, a data center or portion 
     thereof--
       ``(I) that is owned, operated, or maintained by a 
     contractor on behalf of a covered agency on the date on which 
     the contract between the covered agency and the contractor 
     expires; and
       ``(II) with respect to which the covered agency extends the 
     contract, or enters into a new contract, with the contractor; 
     and
       ``(B) on or after the date that is 180 days after the date 
     of enactment of the Federal Data Center Enhancement Act of 
     2023, a data center or portion thereof that is--
       ``(i) established; or
       ``(ii) substantially upgraded or expanded.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Minimum Requirements for New Data Centers.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Federal Data Center Enhancement Act of 
     2023, the Administrator shall establish minimum requirements 
     for new data centers in consultation with the Administrator 
     of General Services and the Federal Chief Information 
     Officers Council.
       ``(2) Contents.--
       ``(A) In general.--The minimum requirements established 
     under paragraph (1) shall include requirements relating to--
       ``(i) the availability of new data centers;
       ``(ii) the use of new data centers;
       ``(iii) uptime percentage;
       ``(iv) protections against power failures, including on-
     site energy generation and access to multiple transmission 
     paths;
       ``(v) protections against physical intrusions and natural 
     disasters;
       ``(vi) information security protections required by 
     subchapter II of chapter 35 of title 44, United States Code, 
     and other applicable law and policy; and
       ``(vii) any other requirements the Administrator determines 
     appropriate.
       ``(B) Consultation.--In establishing the requirements 
     described in subparagraph (A)(vi), the Administrator shall 
     consult with the Director of the Cybersecurity and 
     Infrastructure Security Agency and the National Cyber 
     Director.
       ``(3) Incorporation of minimum requirements into current 
     data centers.--As soon as practicable, and in any case not 
     later than 90 days after the Administrator establishes the 
     minimum requirements pursuant to paragraph (1), the 
     Administrator shall issue guidance to ensure, as appropriate, 
     that covered agencies incorporate the minimum requirements 
     established under that paragraph into the operations of any 
     data center of a

[[Page S3545]]

     covered agency existing as of the date of enactment of the 
     Federal Data Center Enhancement Act of 2023.
       ``(4) Review of requirements.--The Administrator, in 
     consultation with the Administrator of General Services and 
     the Federal Chief Information Officers Council, shall review, 
     update, and modify the minimum requirements established under 
     paragraph (1), as necessary.
       ``(5) Report on new data centers.--During the development 
     and planning lifecycle of a new data center, if the head of a 
     covered agency determines that the covered agency is likely 
     to make a management or financial decision relating to any 
     data center, the head of the covered agency shall--
       ``(A) notify--
       ``(i) the Administrator;
       ``(ii) Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(iii) Committee on Oversight and Accountability of the 
     House of Representatives; and
       ``(B) describe in the notification with sufficient detail 
     how the covered agency intends to comply with the minimum 
     requirements established under paragraph (1).
       ``(6) Use of technology.--In determining whether to 
     establish or continue to operate an existing data center, the 
     head of a covered agency shall--
       ``(A) regularly assess the application portfolio of the 
     covered agency and ensure that each at-risk legacy 
     application is updated, replaced, or modernized, as 
     appropriate, to take advantage of modern technologies; and
       ``(B) prioritize and, to the greatest extent possible, 
     leverage commercial cloud environments rather than acquiring, 
     overseeing, or managing custom data center infrastructure.
       ``(7) Public website.--
       ``(A) In general.--The Administrator shall maintain a 
     public-facing website that includes information, data, and 
     explanatory statements relating to the compliance of covered 
     agencies with the requirements of this section.
       ``(B) Processes and procedures.--In maintaining the website 
     described in subparagraph (A), the Administrator shall--
       ``(i) ensure covered agencies regularly, and not less 
     frequently than biannually, update the information, data, and 
     explanatory statements posed on the website, pursuant to 
     guidance issued by the Administrator, relating to any new 
     data centers and, as appropriate, each existing data center 
     of the covered agency; and
       ``(ii) ensure that all information, data, and explanatory 
     statements on the website are maintained as open Government 
     data assets.''; and
       (3) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The head of a covered agency shall 
     oversee and manage the data center portfolio and the 
     information technology strategy of the covered agency in 
     accordance with Federal cybersecurity guidelines and 
     directives, including--
       ``(A) information security standards and guidelines 
     promulgated by the Director of the National Institute of 
     Standards and Technology;
       ``(B) applicable requirements and guidance issued by the 
     Director of the Office of Management and Budget pursuant to 
     section 3614 of title 44, United States Code; and
       ``(C) directives issued by the Secretary of Homeland 
     Security under section 3553 of title 44, United States 
     Code.''.
       (c) Extension of Sunset.--Section 834(e) of the Carl Levin 
     and Howard P. ``Buck'' McKeon National Defense Authorization 
     Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 
     113-291) is amended by striking ``2022'' and inserting 
     ``2026''.
       (d) GAO Review.--Not later than 1 year after the date of 
     the enactment of this subtitle, and annually thereafter, the 
     Comptroller General of the United States shall review, 
     verify, and audit the compliance of covered agencies with the 
     minimum requirements established pursuant to section 
     834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon 
     National Defense Authorization Act for Fiscal Year 2015 (44 
     U.S.C. 3601 note; Public Law 113-291) for new data centers 
     and subsection (b)(3) of that section for existing data 
     centers, as appropriate.

           TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS

              Subtitle A--Enhancing DHS Drug Seizures Act

     SEC. 11101. SHORT TITLE.

       This subtitle may be cited as the ``Enhancing DHS Drug 
     Seizures Act''.

     SEC. 11102. COORDINATION AND INFORMATION SHARING.

       (a) Public-private Partnerships.--
       (1) Strategy.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall develop a strategy to strengthen existing and establish 
     new public-private partnerships with shipping, chemical, and 
     pharmaceutical industries to assist with early detection and 
     interdiction of illicit drugs and precursor chemicals.
       (2) Contents.--The strategy required under paragraph (1) 
     shall contain goals and objectives for employees of the 
     Department of Homeland Security to ensure the tactics, 
     techniques, and procedures gained from the public-private 
     partnerships described in paragraph (1) are included in 
     policies, best practices, and training for the Department.
       (3) Implementation plan.--Not later than 180 days after 
     developing the strategy required under paragraph (1), the 
     Secretary of Homeland Security shall develop an 
     implementation plan for the strategy, which shall outline 
     departmental lead and support roles, responsibilities, 
     programs, and timelines for accomplishing the goals and 
     objectives of the strategy.
       (4) Briefing.--The Secretary of Homeland Security shall 
     provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in addressing the 
     implementation plan developed pursuant to paragraph (3).
       (b) Assessment of Drug Task Forces.--
       (1) In general.--The Secretary of Homeland Security shall 
     conduct an assessment of the counterdrug task forces in which 
     the Department of Homeland Security, including components of 
     the Department, participates in or leads, which shall 
     include--
       (A) areas of potential overlap;
       (B) opportunities for sharing information and best 
     practices;
       (C) how the Department's processes for ensuring 
     accountability and transparency in its vetting and oversight 
     of partner agency task force members align with best 
     practices; and
       (D) corrective action plans for any capability limitations 
     and deficient or negative findings identified in the report 
     for any such task forces led by the Department.
       (2) Coordination.--In conducting the assessment required 
     under paragraph (1), with respect to counterdrug task forces 
     that include foreign partners, the Secretary of Homeland 
     Security shall coordinate with the Secretary of State.
       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     contains a summary of the results of the assessment conducted 
     pursuant to paragraph (1).
       (B) Foreign partners.--If the report submitted under 
     subparagraph (A) includes information about counterdrug 
     forces that include foreign partners, the Secretary of 
     Homeland Security shall submit the report to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives.
       (4) Corrective action plan.--The Secretary of Homeland 
     Security shall--
       (A) implement the corrective action plans described in 
     paragraph (1)(D) immediately after the submission of the 
     report pursuant to paragraph (2); and
       (B) provide annual briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives regarding the progress made in implementing 
     the corrective action plans.
       (c) Combination of Briefings.--The Secretary of Homeland 
     Security may combine the briefings required under subsections 
     (a)(4) and (b)(3)(B) and provide such combined briefings 
     through fiscal year 2026.

     SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY 
                   PERSONNEL DEPLOYED ABROAD.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     inserting after section 881 the following:

     ``SEC. 881A. DANGER PAY ALLOWANCE.

       ``(a) Authorization.--An employee of the Department, while 
     stationed in a foreign area, may be granted a danger pay 
     allowance, not to exceed 35 percent of the basic pay of such 
     employee, for any period during which such foreign area 
     experiences a civil insurrection, a civil war, ongoing 
     terrorist acts, or wartime conditions that threaten physical 
     harm or imminent danger to the health or well-being of such 
     employee.
       ``(b) Notice.--Before granting or terminating a danger pay 
     allowance to any employee pursuant to subsection (a), the 
     Secretary, after consultation with the Secretary of State, 
     shall notify the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Foreign 
     Relations of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives of--
       ``(1) the intent to make such payments and the 
     circumstances justifying such payments; or
       ``(2) the intent to terminate such payments and the 
     circumstances justifying such termination.''.

     SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED LAW 
                   ENFORCEMENT OR NATIONAL SECURITY UNITS.

       The Secretary of Homeland Security, or the designee of the 
     Secretary, may, with the concurrence of the Secretary of 
     State, provide training to foreign-vetted law enforcement or 
     national security units and may waive reimbursement for 
     salary expenses of such Department of Homeland Security 
     personnel, in accordance with an agreement with the 
     Department of Defense pursuant to section 1535 of title 31, 
     United States Code.

     SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND 
                   BORDER PROTECTION IN FOREIGN COUNTRIES.

       Section 411(f) of the Homeland Security Act of 2002 (6 
     U.S.C. 211(f)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and

[[Page S3546]]

       (2) by inserting after paragraph (3) the following:
       ``(4) Permissible activities.--
       ``(A) In general.--Employees of U.S. Customs and Border 
     Protection and other customs officers designated in 
     accordance with the authorities granted to officers and 
     agents of Air and Marine Operations may, with the concurrence 
     of the Secretary of State, provide the support described in 
     subparagraph (B) to authorities of the government of a 
     foreign country if an arrangement has been entered into 
     between the Government of the United States and the 
     government of such country that permits such support by such 
     employees and officers.
       ``(B) Support described.--The support described in this 
     subparagraph is support for--
       ``(i) the monitoring, locating, tracking, and deterrence 
     of--

       ``(I) illegal drugs to the United States;
       ``(II) the illicit smuggling of persons and goods into the 
     United States;
       ``(III) terrorist threats to the United States; and
       ``(IV) other threats to the security or economy of the 
     United States;

       ``(ii) emergency humanitarian efforts; and
       ``(iii) law enforcement capacity-building efforts.
       ``(C) Payment of claims.--
       ``(i) In general.--Subject to clauses (ii) and (iv), the 
     Secretary, with the concurrence of the Secretary of State, 
     may expend funds that have been appropriated or otherwise 
     made available for the operating expenses of the Department 
     to pay claims for money damages against the United States, in 
     accordance with the first paragraph of section 2672 of title 
     28, United States Code, which arise in a foreign country in 
     connection with U.S. Customs and Border Protection operations 
     in such country.
       ``(ii) Submission deadline.--A claim may be allowed under 
     clause (i) only if it is presented not later than 2 years 
     after it accrues.
       ``(iii) Report.--Not later than 90 days after the date on 
     which the expenditure authority under clause (i) expires 
     pursuant to clause (iv), the Secretary shall submit a report 
     to the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Foreign Relations of the Senate 
     and the Committee on Homeland Security and Committee on 
     Foreign Affairs of the House of Representatives that 
     describes, for each of the payments made pursuant to clause 
     (i)--

       ``(I) the foreign entity that received such payment;
       ``(II) the amount paid to such foreign entity;
       ``(III) the country in which such foreign entity resides or 
     has its principal place of business; and
       ``(IV) a detailed account of the circumstances justify such 
     payment.

       ``(iv) Sunset.--The expenditure authority under clause (i) 
     shall expire on the date that is 5 years after the date of 
     the enactment of the Enhancing DHS Drug Seizures Act.''.

     SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT.

       (a) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to identify any opportunities for 
     improving drug seizure data collection.
       (b) Elements.--The study required under subsection (a) 
     shall--
       (1) include a survey of the entities that use drug seizure 
     data; and
       (2) address--
       (A) any additional data fields or drug type categories that 
     should be added to U.S. Customs and Border Protection's 
     SEACATS, U.S. Border Patrol's e3 portal, and any other 
     systems deemed appropriate by the Commissioner of U.S. 
     Customs and Border Protection, in accordance with the first 
     recommendation in the Government Accountability Office's 
     report GAO-22-104725, entitled ``Border Security: CBP Could 
     Improve How It Categorizes Drug Seizure Data and Evaluates 
     Training'';
       (B) how all the Department of Homeland Security components 
     that collect drug seizure data can standardize their data 
     collection efforts and deconflict drug seizure reporting;
       (C) how the Department of Homeland Security can better 
     identify, collect, and analyze additional data on precursor 
     chemicals, synthetic drugs, novel psychoactive substances, 
     and analogues that have been seized by U.S. Customs and 
     Border Protection and U.S. Immigration and Customs 
     Enforcement; and
       (D) how the Department of Homeland Security can improve its 
     model of anticipated drug flow into the United States.
       (c) Implementation of Findings.--Following the completion 
     of the study required under subsection (a)--
       (1) the Secretary of Homeland Security, in accordance with 
     the Office of National Drug Control Policy's 2022 National 
     Drug Control Strategy, shall modify Department of Homeland 
     Security drug seizure policies and training programs, as 
     appropriate, consistent with the findings of such study; and
       (2) the Commissioner of U.S. Customs and Border Protection, 
     in consultation with the Director of U.S. Immigration and 
     Customs Enforcement, shall make any necessary updates to 
     relevant systems to include the results of confirmatory drug 
     testing results.

     SEC. 11107. DRUG PERFORMANCE MEASURES.

        Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall develop 
     and implement a plan to ensure that components of the 
     Department of Homeland Security develop and maintain outcome-
     based performance measures that adequately assess the success 
     of drug interdiction efforts and how to utilize the existing 
     drug-related metrics and performance measures to achieve the 
     missions, goals, and targets of the Department.

     SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       (a) Personnel and Structures.--Title II of the Immigration 
     and Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     inserting after section 274D the following:

     ``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.

       ``(a) In General.--It shall be unlawful to knowingly and 
     without lawful authorization--
       ``(1)(A) destroy or significantly damage any fence, 
     barrier, sensor, camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; or
       ``(B) otherwise construct, excavate, or make any structure 
     intended to defeat, circumvent or evade such a fence, 
     barrier, sensor camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; and
       ``(2) in carrying out an act described in paragraph (1), 
     have the intent to knowingly and willfully--
       ``(A) secure a financial gain;
       ``(B) further the objectives of a criminal organization; 
     and
       ``(C) violate--
       ``(i) section 274(a)(1)(A)(i);
       ``(ii) the customs and trade laws of the United States (as 
     defined in section 2(4) of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (Public Law 114-125));
       ``(iii) any other Federal law relating to transporting 
     controlled substances, agriculture, or monetary instruments 
     into the United States; or
       ``(iv) any Federal law relating to border controls measures 
     of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 5 years, or both.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 274D 
     the following:

``Sec. 274E. Destroying or evading border controls.''.

           Subtitle B--Non-Intrusive Inspection Expansion Act

     SEC. 11111. SHORT TITLE.

       This subtitle may be cited as the ``Non-Intrusive 
     Inspection Expansion Act''.

     SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND 
                   PORTS OF ENTRY.

       (a) Fiscal Year 2026.--Using non-intrusive inspection 
     systems acquired through previous appropriations Acts, 
     beginning not later than September 30, 2026, U.S. Customs and 
     Border Protection shall use non-intrusive inspection systems 
     at land ports of entry to scan, cumulatively, at ports of 
     entry where systems are in place by the deadline, not fewer 
     than--
       (1) 40 percent of passenger vehicles entering the United 
     States; and
       (2) 90 percent of commercial vehicles entering the United 
     States.
       (b) Subsequent Fiscal Years.--Beginning in fiscal year 
     2027, U.S. Customs and Border Protection shall use non-
     intrusive inspection systems at land ports of entry to reach 
     the next projected benchmark for incremental scanning of 
     passenger and commercial vehicles entering the United States 
     at such ports of entry.
       (c) Briefing.--Not later than May 30, 2026, the 
     Commissioner of U.S. Customs and Border Protection shall 
     brief the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives regarding the progress made 
     during the first half of fiscal year 2026 in achieving the 
     scanning benchmarks described in subsection (a).
       (d) Report.--If the scanning benchmarks described in 
     subsection (a) are not met by the end of fiscal year 2026, 
     not later than 120 days after the end of that fiscal year, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that--
       (1) analyzes the causes for not meeting such requirements;
       (2) identifies any resource gaps and challenges; and
       (3) details the steps that will be taken to ensure 
     compliance with such requirements in the subsequent fiscal 
     year.

     SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND 
                   INSPECTIONS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner of U.S. Customs 
     and Border Protection shall submit a strategy to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives for increasing sustained outbound 
     inspection operations at land ports of entry that includes--
       (1) the number of existing and planned outbound inspection 
     lanes at each port of entry;

[[Page S3547]]

       (2) infrastructure limitations that limit the ability of 
     U.S. Customs and Border Protection to deploy non-intrusive 
     inspection systems for outbound inspections;
       (3) the number of additional non-intrusive inspection 
     systems that are necessary to increase scanning capacity for 
     outbound inspections; and
       (4) plans for funding and acquiring the systems described 
     in paragraph (3).
       (b) Implementation.--Beginning not later than September 30, 
     2026, U.S. Customs and Border Protection shall use non-
     intrusive inspection systems at land ports of entry to scan 
     not fewer than 10 percent of all vehicles exiting the United 
     States through land ports of entry.

     SEC. 11114. GAO REVIEW AND REPORT.

       (a) Review.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of the use by U.S. Customs and 
     Border Protection of non-intrusive inspection systems for 
     border security.
       (2) Elements.--The review required under paragraph (1) 
     shall--
       (A) identify--
       (i) the number and types of non-intrusive inspection 
     systems deployed by U.S. Customs and Border Protection; and
       (ii) the locations to which such systems have been 
     deployed; and
       (B) examine the manner in which U.S. Customs and Border 
     Protection--
       (i) assesses the effectiveness of such systems; and
       (ii) uses such systems in conjunction with other border 
     security resources and assets, such as border barriers and 
     technology, to detect and interdict drug smuggling and 
     trafficking at the southwest border of the United States.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives containing the findings of 
     the review conducted pursuant to subsection (a).

       Subtitle C--Securing America's Ports of Entry Act of 2023

     SEC. 11121. SHORT TITLE.

       This subtitle may be cited as the ``Securing America's 
     Ports of Entry Act of 2023''.

     SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       (a) Officers.--Subject to appropriations, the Commissioner 
     of U.S. Customs and Border Protection shall hire, train, and 
     assign not fewer than 600 new U.S. Customs and Border 
     Protection officers above the current attrition level during 
     every fiscal year until the total number of U.S. Customs and 
     Border Protection officers equals and sustains the 
     requirements identified each year in the Workload Staffing 
     Model.
       (b) Support Staff.--The Commissioner is authorized to hire, 
     train, and assign support staff, including technicians and 
     Enterprise Services mission support, to perform non-law 
     enforcement administrative functions to support the new U.S. 
     Customs and Border Protection officers hired pursuant to 
     subsection (a).
       (c) Traffic Forecasts.--In calculating the number of U.S. 
     Customs and Border Protection officers needed at each port of 
     entry through the Workload Staffing Model, the Commissioner 
     shall--
       (1) rely on data collected regarding the inspections and 
     other activities conducted at each such port of entry;
       (2) consider volume from seasonal surges, other projected 
     changes in commercial and passenger volumes, the most current 
     commercial forecasts, and other relevant information;
       (3) consider historical volume and forecasts prior to the 
     COVID-19 pandemic and the impact on international travel; and
       (4) incorporate personnel requirements for increasing the 
     rate of outbound inspection operations at land ports of 
     entry.
       (d) GAO Report.--If the Commissioner does not hire the 600 
     additional U.S. Customs and Border Protection officers 
     authorized under subsection (a) during fiscal year 2024, or 
     during any subsequent fiscal year in which the hiring 
     requirements set forth in the Workload Staffing Model have 
     not been achieved, the Comptroller General of the United 
     States shall--
       (1) conduct a review of U.S. Customs and Border Protection 
     hiring practices to determine the reasons that such 
     requirements were not achieved and other issues related to 
     hiring by U.S. Customs and Border Protection; and
       (2) submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on 
     Finance of the Senate, the Committee on Homeland Security of 
     the House of Representatives, and the Committee on Ways and 
     Means of the House of Representatives that describes the 
     results of the review conducted pursuant to paragraph (1).

     SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Commissioner of U.S. Customs and Border 
     Protection shall submit a report to the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Finance of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Ways and Means of the House of Representatives that 
     identifies--
       (1) infrastructure improvements at ports of entry that 
     would enhance the ability of U.S. Customs and Border 
     Protection officers to interdict opioids and other drugs that 
     are being illegally transported into the United States, 
     including a description of circumstances at specific ports of 
     entry that prevent the deployment of technology used at other 
     ports of entry;
       (2) detection equipment that would improve the ability of 
     such officers to identify opioids, including precursors and 
     derivatives, that are being illegally transported into the 
     United States; and
       (3) safety equipment that would protect such officers from 
     accidental exposure to such drugs or other dangers associated 
     with the inspection of potential drug traffickers.

     SEC. 11124. REPORTING REQUIREMENTS.

       (a) Temporary Duty Assignments.--
       (1) Quarterly report.--The Commissioner of U.S. Customs and 
     Border Protection shall submit a quarterly report to the 
     appropriate congressional committees that includes, for the 
     reporting period--
       (A) the number of temporary duty assignments;
       (B) the number of U.S. Customs and Border Protection 
     officers required for each temporary duty assignment;
       (C) the ports of entry from which such officers were 
     reassigned;
       (D) the ports of entry to which such officers were 
     reassigned;
       (E) the ports of entry at which reimbursable service 
     agreements have been entered into that may be affected by 
     temporary duty assignments;
       (F) the duration of each temporary duty assignment;
       (G) the cost of each temporary duty assignment; and
       (H) the extent to which the temporary duty assignments 
     within the reporting period were in support of the other U.S. 
     Customs and Border Protection activities or operations along 
     the southern border of the United States, including the 
     specific costs associated with such temporary duty 
     assignments.
       (2) Notice.--Not later than 10 days before redeploying 
     employees from 1 port of entry to another, absent emergency 
     circumstances--
       (A) the Commissioner shall notify the director of the port 
     of entry from which employees will be reassigned of the 
     intended redeployments; and
       (B) the port director shall notify impacted facilities 
     (including airports, seaports, and land ports) of the 
     intended redeployments.
       (3) Staff briefing.--The Commissioner shall brief all 
     affected U.S. Customs and Border Protection employees 
     regarding plans to mitigate vulnerabilities created by any 
     planned staffing reductions at ports of entry.
       (b) Reports on U.S. Customs and Border Protection 
     Agreements.--Section 907(a) of the Trade Facilitation and 
     Trade Enforcement Act of 2015 (19 U.S.C. 4451(a)) is 
     amended--
       (1) in paragraph (3), by striking ``and an assessment'' and 
     all that follows and inserting a period;
       (2) by redesignating paragraphs (4) through (12) as 
     paragraphs (5) through (13), respectively;
       (3) by inserting after paragraph (3) the following:
       ``(4) A description of the factors that were considered 
     before entering into the agreement, including an assessment 
     of how the agreement provides economic benefits and security 
     benefits (if applicable) at the port of entry to which the 
     agreement relates.''; and
       (4) in paragraph (5), as redesignated by paragraph (2), by 
     inserting after ``the report'' the following: ``, including 
     the locations of such services and the total hours of 
     reimbursable services under the agreement, if any''.
       (c) Annual Workload Staffing Model Report.--As part of the 
     Annual Report on Staffing required under section 411(g)(5)(A) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), 
     the Commissioner shall include--
       (1) information concerning the progress made toward meeting 
     the U.S. Customs and Border Protection officer and support 
     staff hiring targets set forth in section 2, while accounting 
     for attrition;
       (2) an update to the information provided in the Resource 
     Optimization at the Ports of Entry report, which was 
     submitted to Congress on September 12, 2017, pursuant to the 
     Department of Homeland Security Appropriations Act, 2017 
     (division F of Public Law 115-31); and
       (3) a summary of the information included in the reports 
     required under subsection (a) and section 907(a) of the Trade 
     Facilitation and Trade Enforcement Act of 2015, as amended by 
     subsection (b).
       (d) CBP One Mobile Application.--During the 2-year period 
     beginning on the date of the enactment of this Act, the 
     Commissioner of U.S. Customs and Border Protection shall 
     publish a monthly report on the use of the CBP One mobile 
     application, including, with respect to each reporting 
     period--
       (1) the number of application registration attempts made 
     through CBP One pursuant to the Circumvention of Lawful 
     Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that 
     resulted in a system error, disaggregated by error type;
       (2) the total number of noncitizens who successfully 
     registered appointments through CBP One pursuant to such 
     rule;

[[Page S3548]]

       (3) the total number of appointments made through CBP One 
     pursuant to such rule that went unused;
       (4) the total number of individuals who have been granted 
     parole with a Notice to Appear subsequent to appointments 
     scheduled for such individuals through CBP One pursuant to 
     such rule; and
       (5) the total number of noncitizens who have been issued a 
     Notice to Appear and have been transferred to U.S. 
     Immigration and Customs Enforcement custody subsequent to 
     appointments scheduled for such noncitizens through CBP One 
     pursuant to such rule.
       (e) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Finance of the Senate;
       (4) the Committee on Homeland Security of the House of 
     Representatives
       (5) the Committee on Appropriations of the House of 
     Representatives; and
       (6) the Committee on Ways and Means of the House of 
     Representatives.

     SEC. 11125. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle--
       (1) $136,292,948 for fiscal year 2024; and
       (2) $156,918,590 for each of the fiscal years 2025 through 
     2029.

               Subtitle D--Border Patrol Enhancement Act

     SEC. 11131. SHORT TITLE.

       This subtitle may be cited as the ``Border Patrol 
     Enhancement Act''.

     SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES 
                   BORDER PATROL.

       (a) Defined Term.--In this subtitle, the term ``validated 
     personnel requirements determination model'' means a 
     determination of the number of United States Border Patrol 
     agents needed to meet the critical mission requirements of 
     the United States Border Patrol to maintain an orderly 
     process for migrants entering the United States, that has 
     been validated by a qualified research entity pursuant to 
     subsection (c).
       (b) United States Border Patrol Personnel Requirements 
     Determination Model.--
       (1) Completion; notice.--Not later than 180 days after the 
     date of the enactment of this Act, the Commissioner shall 
     complete a personnel requirements determination model for 
     United States Border Patrol that builds on the 5-year United 
     States Border Patrol staffing and deployment plan referred to 
     on page 33 of House of Representatives Report 112-91 (May 26, 
     2011) and submit a notice of completion to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Director of the Office of Personnel Management; and
       (D) the Comptroller General of the United States.
       (2) Certification.--Not later than 30 days after the 
     completion of the personnel requirements determination model 
     described in paragraph (1), the Commissioner shall submit a 
     copy of such model, an explanation of its development, and a 
     strategy for obtaining independent verification of such 
     model, to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Office of Personnel Management; and
       (D) the Comptroller General of the United States.
       (c) Independent Study of Personnel Requirements 
     Determination Model.--
       (1) Requirement for study.--Not later than 90 days after 
     the completion of the personnel requirements determination 
     model pursuant to subsection (b)(1), the Secretary of 
     Homeland Security shall select an entity that is technically, 
     managerially, and financially independent from the Department 
     of Homeland Security to conduct an independent verification 
     and validation of the model.
       (2) Reports.--
       (A) To secretary.--Not later than 1 year after the 
     completion of the personnel requirements determination model 
     under subsection (b)(1), the entity performing the 
     independent verification and validation of the model shall 
     submit a report to the Secretary of Homeland Security that 
     includes--
       (i) the results of the study conducted pursuant to 
     paragraph (1); and
       (ii) any recommendations regarding the model that such 
     entity considers to be appropriate.
       (B) To congress.--Not later than 30 days after receiving 
     the report described in subparagraph (A), the Secretary of 
     Homeland Security shall submit such report, along with any 
     additional views or recommendations regarding the personnel 
     requirements determination model, to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (d) Authority To Hire Additional Personnel.--Beginning on 
     the date that is 180 days after receiving a report from a 
     qualified research entity pursuant to subsection (c)(2) that 
     validates the personnel requirements determination model and 
     after implementing any recommendations to improve or update 
     such model, the Secretary of Homeland Security may hire, 
     train, and assign 600 or more United States Border Patrol 
     agents above the attrition level during every fiscal year 
     until the number of active agents meets the level recommended 
     by the validated personnel requirements determination model.

     SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGULARLY 
                   SCHEDULED OVERTIME PAY FOR UNITED STATES BORDER 
                   PATROL AGENTS CLASSIFIED AT GS-12.

       Section 5550 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(h) Special Overtime Pay for GS-12 Border Patrol 
     Agents.--
       ``(1) In general.--Notwithstanding paragraphs (1)(F), 
     (2)(C), and (3)(C) of subsection (b), a border patrol agent 
     encumbering a position at grade GS-12 shall receive a special 
     overtime payment under this subsection for hours of regularly 
     scheduled work described in paragraph (2)(A)(ii) or 
     (3)(A)(ii) of subsection (b), as applicable, that are 
     credited to the agent through actual performance of work, 
     crediting under rules for canine agents under subsection 
     (b)(1)(F), or substitution of overtime hours in the same work 
     period under subsection (f)(2)(A), except that no such 
     payment may be made for periods of absence resulting in an 
     hours obligation under paragraph (3) or (4) of subsection 
     (f).
       ``(2) Computation.--The special overtime payment authorized 
     under paragraph (1) shall be computed by multiplying the 
     credited hours by 50 percent of the border patrol agent's 
     hourly rate of basic pay, rounded to the nearest cent.
       ``(3) Limitations.--The special overtime payment authorized 
     under paragraph (1)--
       ``(A) is not considered basic pay for retirement under 
     section 8331(3) or 8401(4) or for any other purpose;
       ``(B) is not payable during periods of paid leave or other 
     paid time off; and
       ``(C) is not considered in computing an agent's lump-sum 
     annual leave payment under sections 5551 and 5552.''.

     SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, HIRING 
                   REQUIREMENTS, AND RETENTION OF LAW ENFORCEMENT 
                   PERSONNEL.

       The Comptroller General of the United States shall--
       (1) conduct an assessment of U.S. Customs and Border 
     Protection's--
       (A) efforts to recruit law enforcement personnel;
       (B) hiring process and job requirements relating to such 
     recruitment; and
       (C) retention of law enforcement personnel, including the 
     impact of employee compensation on such retention efforts; 
     and
       (2) not later than 2 years after the date of the enactment 
     of this Act, submit a report containing the results of such 
     assessment to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.

     SEC. 11135. CONTINUING TRAINING.

       (a) In General.--The Commissioner shall require all United 
     States Border Patrol agents and other employees or contracted 
     employees designated by the Commissioner, to participate in 
     annual continuing training to maintain and update their 
     understanding of--
       (1) Department of Homeland Security policies, procedures, 
     and guidelines;
       (2) the fundamentals of law, ethics, and professional 
     conduct;
       (3) applicable Federal law and regulations;
       (4) precedential legal rulings, including Federal Circuit 
     Court and United States Supreme Court opinions relating to 
     the duty of care and treatment of persons in the custody of 
     the United States Border Patrol that the Commissioner 
     determines are relevant to active duty agents;
       (5) applicable migration trends that the Commissioner 
     determines are relevant;
       (6) best practices for coordinating with community 
     stakeholders; and
       (7) any other information that the Commissioner determines 
     to be relevant to active duty agents.
       (b) Training Subjects.--Continuing training under this 
     subsection shall include training regarding--
       (1) non-lethal use of force policies available to United 
     States Border Patrol agents and de-escalation strategies and 
     methods;
       (2) identifying, screening, and responding to vulnerable 
     populations, such as children, persons with diminished mental 
     capacity, victims of human trafficking, pregnant mothers, 
     victims of gender-based violence, victims of torture or 
     abuse, and the acutely ill;
       (3) trends in transnational criminal organization 
     activities that impact border security and migration;
       (4) policies, strategies, and programs--
       (A) to protect due process, the civil, human, and privacy 
     rights of individuals, and the private property rights of 
     land owners;
       (B) to reduce the number of migrant and agent deaths; and
       (C) to improve the safety of agents on patrol;
       (5) personal resilience;
       (6) anti-corruption and officer ethics training;
       (7) current migration trends, including updated cultural 
     and societal issues of nations that are a significant source 
     of migrants who are--

[[Page S3549]]

       (A) arriving at a United States port of entry to seek 
     humanitarian protection; or
       (B) encountered at a United States international boundary 
     while attempting to enter without inspection;
       (8) the impact of border security operations on natural 
     resources and the environment, including strategies to limit 
     the impact of border security operations on natural resources 
     and the environment;
       (9) relevant cultural, societal, racial, and religious 
     training, including cross-cultural communication skills;
       (10) training authorized under the Prison Rape Elimination 
     Act of 2003 (42 U.S.C. 15601 et seq.);
       (11) risk management and safety training that includes 
     agency protocols for ensuring public safety, personal safety, 
     and the safety of persons in the custody of the Department of 
     Homeland Security;
       (12) non-lethal, self-defense training; and
       (13) any other training that meets the requirements to 
     maintain and update the subjects identified in subsection 
     (a).
       (c) Course Requirements.--Courses offered under this 
     section--
       (1) shall be administered by the United States Border 
     Patrol, in consultation with the Federal Law Enforcement 
     Training Center; and
       (2) shall be approved in advance by the Commissioner of 
     U.S. Customs and Border Protection to ensure that such 
     courses satisfy the requirements for training under this 
     section.
       (d) Assessment.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives that assesses the training and education 
     provided pursuant to this section, including continuing 
     education.
       (e) Frequency Requirements.--Training offered as part of 
     continuing education under this section shall include--
       (1) annual courses focusing on the curriculum described in 
     paragraphs (1) through (6) of subsection (b); and
       (2) biannual courses focusing on curriculum described in 
     paragraphs (7) through (12) of subsection (b).

     SEC. 11136. REPORTING REQUIREMENTS.

       (a) Recruitment and Retention Report.--The Comptroller 
     General of the United States shall--
       (1) conduct a study of the recruitment and retention of 
     female agents in the United States Border Patrol that 
     examines--
       (A) the recruitment, application processes, training, 
     promotion, and other aspects of employment for women in the 
     United States Border Patrol;
       (B) the training, complaints system, and redress for sexual 
     harassment and assault; and
       (C) additional issues related to recruitment and retention 
     of female Border Patrol agents; and
       (2) not later than 1 year after the date of the enactment 
     of this Act, submit a report containing the results of such 
     study and recommendations for addressing any identified 
     deficiencies or opportunities for improvement to--
       (A) the Commissioner of U.S. Customs and Border Protection;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (b) Implementation Report.--Not later than 90 days after 
     receiving the recruitment and retention report required under 
     subsection (a), the Commissioner shall submit a report to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that describes the status of the 
     Commissioner's efforts to implement any recommendations 
     included in recruitment and retention report.

                      Subtitle E--END FENTANYL Act

     SEC. 11141. SHORT TITLES.

       This subtitle may be cited as the ``Eradicating Narcotic 
     Drugs and Formulating Effective New Tools to Address National 
     Yearly Losses of Life Act'' or the ``END FENTANYL Act''.

     SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS AND 
                   BORDER PROTECTION FIELD MANUALS.

       (a) In General.--Not less frequently than triennially, the 
     Commissioner of U.S. Customs and Border Protection shall 
     review and update, as necessary, the current policies and 
     manuals of the Office of Field Operations related to 
     inspections at ports of entry to ensure the uniform 
     implementation of inspection practices that will effectively 
     respond to technological and methodological changes designed 
     to disguise illegal activity, such as the smuggling of drugs 
     and humans, along the border.
       (b) Reporting Requirement.--Shortly after each update 
     required under subsection (a), the Commissioner of U.S. 
     Customs and Border Protection shall submit a report to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that summarizes the policy and 
     manual changes implemented by such update.

         TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS

            Subtitle A--Lobbying Disclosure Improvement Act

     SEC. 11201. SHORT TITLE.

       This subtitle may be cited as the ``Lobbying Disclosure 
     Improvement Act''.

     SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOREIGN AGENT 
                   REGISTRATION EXEMPTION.

       Section 4(b) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)) is amended--
       (1) in paragraph (6), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) a statement as to whether the registrant is exempt 
     under section 3(h) of the Foreign Agents Registration Act of 
     1938, as amended (22 U.S.C. 613(h)).''.

        Subtitle B--Disclosing Foreign Influence in Lobbying Act

     SEC. 11211. SHORT TITLE.

       This subtitle may be cited as the ``Disclosing Foreign 
     Influence in Lobbying Act''.

     SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRATION.

       Section 4(b) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)), as amended by section 11202 of this title, 
     is amended--
       (1) in paragraph (8), as added by section 11202 of this 
     title, by striking the period at the end and inserting ``; 
     and''; and
       (2) by adding at the end the following:
       ``(9) notwithstanding paragraph (4), the name and address 
     of each government of a foreign country (including any agency 
     or subdivision of a government of a foreign country, such as 
     a regional or municipal unit of government) and foreign 
     political party, other than the client, that participates in 
     the direction, planning, supervision, or control of any 
     lobbying activities of the registrant.''.

    TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN

  Subtitle A--Government-wide Study Relating to High-security Leased 
                                 Space

     SEC. 11301. GOVERNMENT-WIDE STUDY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Beneficial owner.--
       (A) In general.--The term ``beneficial owner'', with 
     respect to a covered entity, means each natural person who, 
     directly or indirectly, through any contract, arrangement, 
     understanding, relationship, or otherwise--
       (i) exercises substantial control over the covered entity; 
     or
       (ii) owns or controls not less than 25 percent of the 
     ownership interests of, or receives substantial economic 
     benefits from the assets of, the covered entity.
       (B) Exclusions.--The term ``beneficial owner'', with 
     respect to a covered entity, does not include--
       (i) a minor;
       (ii) a person acting as a nominee, intermediary, custodian, 
     or agent on behalf of another person;
       (iii) a person acting solely as an employee of the covered 
     entity and whose control over or economic benefits from the 
     covered entity derives solely from the employment status of 
     the person;
       (iv) a person whose only interest in the covered entity is 
     through a right of inheritance, unless the person also meets 
     the requirements of subparagraph (A); or
       (v) a creditor of the covered entity, unless the creditor 
     also meets the requirements of subparagraph (A).
       (C) Anti-abuse rule.--The exclusions under subparagraph (B) 
     shall not apply if, in the determination of the 
     Administrator, an exclusion is used for the purpose of 
     evading, circumventing, or abusing the requirements of this 
     Act.
       (3) Control.--The term ``control'', with respect to a 
     covered entity, means--
       (A) having the authority or ability to determine how the 
     covered entity is utilized; or
       (B) having some decisionmaking power for the use of the 
     covered entity.
       (4) Covered entity.--The term ``covered entity'' means--
       (A) a person, corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization, or group; or
       (B) any governmental entity or instrumentality of a 
     government.
       (5) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (6) Federal agency.--The term ``Federal agency'' means--
       (A) an Executive agency; and
       (B) any establishment in the legislative or judicial branch 
     of the Federal Government.
       (7) Federal lessee.--
       (A) In general.--The term ``Federal lessee'' means--
       (i) the Administrator;
       (ii) the Architect of the Capitol; and
       (iii) the head of any other Federal agency that has 
     independent statutory leasing authority.
       (B) Exclusions.--The term ``Federal lessee'' does not 
     include--
       (i) the head of an element of the intelligence community; 
     or
       (ii) the Secretary of Defense.
       (8) Federal tenant.--
       (A) In general.--The term ``Federal tenant'' means a 
     Federal agency that is occupying or will occupy a high-
     security leased

[[Page S3550]]

     space for which a lease agreement has been secured on behalf 
     of the Federal agency.
       (B) Exclusion.--The term ``Federal tenant'' does not 
     include an element of the intelligence community.
       (9) Foreign entity.--The term ``foreign entity'' means--
       (A) a corporation, company, business association, 
     partnership, society, trust, or any other nongovernmental 
     entity, organization, or group that is headquartered in or 
     organized under the laws of--
       (i) a country that is not the United States; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is not located within or a territory of the United 
     States; or
       (B) a government or governmental instrumentality that is 
     not--
       (i) the United States Government; or
       (ii) a State, unit of local government, or Indian Tribe 
     that is located within or a territory of the United States.
       (10) Foreign person.--The term ``foreign person'' means an 
     individual who is not a United States person.
       (11) High-security leased adjacent space.--The term ``high-
     security leased adjacent space'' means a building or office 
     space that shares a boundary with or surrounds a high-
     security leased space.
       (12) High-security leased space.--The term ``high-security 
     leased space'' means a space leased by a Federal lessee 
     that--
       (A) will be occupied by Federal employees for nonmilitary 
     activities; and
       (B) has a facility security level of III, IV, or V, as 
     determined by the Federal tenant in consultation with the 
     Interagency Security Committee, the Secretary of Homeland 
     Security, and the Administrator.
       (13) Highest-level owner.--The term ``highest-level owner'' 
     means an entity that owns or controls--
       (A) an immediate owner of the offeror of a lease for a 
     high-security leased adjacent space; or
       (B) 1 or more entities that control an immediate owner of 
     the offeror of a lease described in subparagraph (A).
       (14) Immediate owner.--The term ``immediate owner'' means 
     an entity, other than the offeror of a lease for a high-
     security leased adjacent space, that has direct control of 
     that offeror, including--
       (A) ownership or interlocking management;
       (B) identity of interests among family members;
       (C) shared facilities and equipment; and
       (D) the common use of employees.
       (15) Intelligence community.--The term ``intelligence 
     community'' has the meaning given the term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (16) Substantial economic benefits.--The term ``substantial 
     economic benefits'', with respect to a natural person 
     described in paragraph (2)(A)(ii), means having an 
     entitlement to the funds or assets of a covered entity that, 
     as a practical matter, enables the person, directly or 
     indirectly, to control, manage, or direct the covered entity.
       (17) United states person.--The term ``United States 
     person'' means an individual who--
       (A) is a citizen of the United States; or
       (B) is an alien lawfully admitted for permanent residence 
     in the United States.
       (b) Government-wide Study.--
       (1) Coordination study.--The Administrator, in coordination 
     with the Director of the Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall carry out a 
     Government-wide study examining options to assist agencies 
     (as defined in section 551 of title 5, United States Code) to 
     produce a security assessment process for high-security 
     leased adjacent space before entering into a lease or 
     novation agreement with a covered entity for the purposes of 
     accommodating a Federal tenant located in a high-security 
     leased space.
       (2) Contents.--The study required under paragraph (1)--
       (A) shall evaluate how to produce a security assessment 
     process that includes a process for assessing the threat 
     level of each occupancy of a high-security leased adjacent 
     space, including through--
       (i) site-visits;
       (ii) interviews; and
       (iii) any other relevant activities determined necessary by 
     the Director of the Federal Protective Service; and
       (B) may include a process for collecting and using 
     information on each immediate owner, highest-level owner, or 
     beneficial owner of a covered entity that seeks to enter into 
     a lease with a Federal lessee for a high-security leased 
     adjacent space, including--
       (i) name;
       (ii) current residential or business street address; and
       (iii) an identifying number or document that verifies 
     identity as a United States person, a foreign person, or a 
     foreign entity.
       (3) Working group.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall establish a working 
     group to assist in the carrying out of the study required 
     under paragraph (1).
       (B) No compensation.--A member of the working group 
     established under subparagraph (A) shall receive no 
     compensation as a result of serving on the working group.
       (C) Sunset.--The working group established under 
     subparagraph (A) shall terminate on the date on which the 
     report required under paragraph (6) is submitted.
       (4) Protection of information.--The Administrator shall 
     ensure that any information collected pursuant to the study 
     required under paragraph (1) shall not be made available to 
     the public.
       (5) Limitation.--Nothing in this subsection requires an 
     entity located in the United States to provide information 
     requested pursuant to the study required under paragraph (1).
       (6) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Director of Federal Protective Service, the 
     Secretary of Homeland Security, the Director of the Office of 
     Management and Budget, and any other relevant entities, as 
     determined by the Administrator, shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) the results of the study required under paragraph (1); 
     and
       (B) how all applicable privacy laws and rights relating to 
     the First and Fourth Amendments to the Constitution of the 
     United States would be upheld and followed in--
       (i) the security assessment process described in 
     subparagraph (A) of paragraph (2); and
       (ii) the information collection process described in 
     subparagraph (B) of that paragraph.
       (7) Limitation.--Nothing in this subsection authorizes a 
     Federal entity to mandate information gathering unless 
     specifically authorized by law.
       (8) Prohibition.--No information collected pursuant the 
     security assessment process described in paragraph (2)(A) may 
     be used for law enforcement purposes.
       (9) No additional funding.--No additional funds are 
     authorized to be appropriated to carry out this subsection.

       Subtitle B--Intergovernmental Critical Minerals Task Force

     SEC. 11311. SHORT TITLE.

       This subtitle may be cited as the ``Intergovernmental 
     Critical Minerals Task Force Act''.

     SEC. 11312. FINDINGS.

       Congress finds that--
       (1) current supply chains of critical minerals pose a great 
     risk to the national security of the United States;
       (2) critical minerals are necessary for transportation, 
     technology, renewable energy, military equipment and 
     machinery, and other relevant sectors crucial for the 
     homeland and national security of the United States;
       (3) in 2022, the United States was 100 percent import 
     reliant for 12 out of 50 critical minerals and more than 50 
     percent import reliant for an additional 31 critical mineral 
     commodities classified as ``critical'' by the United States 
     Geological Survey, and the People's Republic of China was the 
     top producing nation for 30 of those 50 critical minerals;
       (4) as of July, 2023, companies based in the People's 
     Republic of China that extract critical minerals around the 
     world have received hundreds of charges of human rights 
     violations;
       (5) on March 26, 2014, the World Trade Organization ruled 
     that the export restraints by the People's Republic of China 
     on rare earth metals violated obligations under the protocol 
     of accession to the World Trade Organization, which harmed 
     manufacturers and workers in the United States; and
       (6) the President has yet to submit to Congress the plans 
     and recommendations that were due on the December 27, 2022, 
     deadline under section 5(a) of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604(a)), which are intended to support a coherent 
     national mineral and materials policy, including through 
     intergovernmental and interagency coordination.

     SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

       (a) In General.--Section 5 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604) is amended by adding at the end the following:
       ``(g) Intergovernmental Critical Minerals Task Force.--
       ``(1) Purposes.--The purposes of the task force established 
     under paragraph (3)(B) are--
       ``(A) to assess the reliance of the United States on the 
     People's Republic of China, and other covered countries, for 
     critical minerals, and the resulting national security risks 
     associated with that reliance, at each level of the Federal 
     Government, Indian Tribes, and State, local, and territorial 
     governments;
       ``(B) to make recommendations to the President for the 
     implementation of this Act with regard to critical minerals, 
     including--
       ``(i) the congressional declarations of policies in section 
     3; and
       ``(ii) revisions to the program plan of the President and 
     the initiatives required under this section;

[[Page S3551]]

       ``(C) to make recommendations to secure United States and 
     global supply chains for critical minerals;
       ``(D) to make recommendations to reduce the reliance of the 
     United States, and partners and allies of the United States, 
     on critical mineral supply chains involving covered 
     countries; and
       ``(E) to facilitate cooperation, coordination, and mutual 
     accountability among each level of the Federal Government, 
     Indian Tribes, and State, local, and territorial governments, 
     on a holistic response to the dependence on covered countries 
     for critical minerals across the United States.
       ``(2) Definitions.--In this subsection:
       ``(A) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(i) the Committees on Homeland Security and Governmental 
     Affairs, Energy and Natural Resources, Armed Services, 
     Environment and Public Works, Commerce, Science, and 
     Transportation, Finance, and Foreign Relations of the Senate; 
     and
       ``(ii) the Committees on Oversight and Accountability, 
     Natural Resources, Armed Services, Ways and Means, and 
     Foreign Affairs of the House of Representatives.
       ``(B) Chair.--The term `Chair' means a member of the 
     Executive Office of the President, designated by the 
     President pursuant to paragraph (3)(A).
       ``(C) Covered country.--The term `covered country' means--
       ``(i) a covered nation (as defined in section 4872(d) of 
     title 10, United States Code); and
       ``(ii) any other country determined by the task force to be 
     a geostrategic competitor or adversary of the United States 
     with respect to critical minerals.
       ``(D) Critical mineral.--The term `critical mineral' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       ``(E) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       ``(F) Task force.--The term `task force' means the task 
     force established under paragraph (3)(B).
       ``(3) Establishment.--Not later than 90 days after the date 
     of enactment of this subsection, the President shall--
       ``(A) designate a Chair for the task force; and
       ``(B) acting through the Executive Office of the President, 
     establish a task force.
       ``(4) Composition; meetings.--
       ``(A) Appointment.--The Chair, in consultation with key 
     intergovernmental, private, and public sector stakeholders, 
     shall appoint to the task force representatives with 
     expertise in critical mineral supply chains from Federal 
     agencies, Indian Tribes, and State, local, and territorial 
     governments, including not less than 1 representative from 
     each of--
       ``(i) the Bureau of Indian Affairs;
       ``(ii) the Bureau of Land Management;
       ``(iii) the Critical Minerals Subcommittee of the National 
     Science and Technology Council;
       ``(iv) the Department of Agriculture;
       ``(v) the Department of Commerce;
       ``(vi) the Department of Defense;
       ``(vii) the Department of Energy;
       ``(viii) the Department of Homeland Security;
       ``(ix) the Department of the Interior;
       ``(x) the Department of Labor;
       ``(xi) the Department of State;
       ``(xii) the Department of Transportation;
       ``(xiii) the Environmental Protection Agency;
       ``(xiv) the Export-Import Bank of the United States
       ``(xv) the Forest Service;
       ``(xvi) the General Services Administration;
       ``(xvii) the National Science Foundation;
       ``(xviii) the Office of the United States Trade 
     Representative;
       ``(xix) the United States International Development Finance 
     Corporation;
       ``(xx) the United States Geological Survey; and
       ``(xxi) any other relevant Federal entity, as determined by 
     the Chair.
       ``(B) Consultation.--The task force shall consult 
     individuals with expertise in critical mineral supply chains, 
     individuals from States whose communities, businesses, and 
     industries are involved in aspects of critical mineral supply 
     chains, including mining and processing operations, and 
     individuals from a diverse and balanced cross-section of--
       ``(i) intergovernmental consultees, including--

       ``(I) State governments;
       ``(II) local governments;
       ``(III) territorial governments; and
       ``(IV) Indian Tribes; and

       ``(ii) other stakeholders, including--

       ``(I) academic research institutions;
       ``(II) corporations;
       ``(III) nonprofit organizations;
       ``(IV) private sector stakeholders;
       ``(V) trade associations;
       ``(VI) mining industry stakeholders; and
       ``(VII) labor representatives.

       ``(C) Meetings.--
       ``(i) Initial meeting.--Not later than 90 days after the 
     date on which all representatives of the task force have been 
     appointed, the task force shall hold the first meeting of the 
     task force.
       ``(ii) Frequency.--The task force shall meet not less than 
     once every 90 days.
       ``(5) Duties.--
       ``(A) In general.--The duties of the task force shall 
     include--
       ``(i) facilitating cooperation, coordination, and mutual 
     accountability for the Federal Government, Indian Tribes, and 
     State, local, and territorial governments to enhance data 
     sharing and transparency to build more robust and secure 
     domestic supply chains for critical minerals in support of 
     the purposes described in paragraph (1);
       ``(ii) providing recommendations with respect to--

       ``(I) increasing capacities for mining, processing, 
     refinement, reuse, and recycling of critical minerals in the 
     United States to facilitate the environmentally responsible 
     production of domestic resources to meet national critical 
     mineral needs, in consultation with Tribal and local 
     communities;
       ``(II) identifying how statutes, regulations, and policies 
     related to the critical mineral supply chain, such as 
     stockpiling and development finance, could be modified to 
     accelerate environmentally responsible domestic and 
     international production of critical minerals, in 
     consultation with Indian Tribes and local communities;
       ``(III) strengthening the domestic workforce to support 
     growing critical mineral supply chains with good-paying, safe 
     jobs in the United States;
       ``(IV) identifying alternative domestic and global sources 
     to critical minerals that the United States currently relies 
     on the People's Republic of China or other covered countries 
     for mining, processing, refining, and recycling, including 
     the availability, cost, and quality of those domestic 
     alternatives;
       ``(V) identifying critical minerals and critical mineral 
     supply chains that the United States can onshore, at a 
     competitive availability, cost, and quality, for those 
     minerals and supply chains that the United States relies on 
     the People's Republic of China or other covered countries to 
     provide;
       ``(VI) opportunities for the Federal Government, Indian 
     Tribes, and State, local, and territorial governments to 
     mitigate risks to the national security of the United States 
     with respect to supply chains for critical minerals that the 
     United States currently relies on the People's Republic of 
     China or other covered countries for mining, processing, 
     refining, and recycling; and
       ``(VII) evaluating and integrating the recommendations of 
     the Critical Minerals Subcommittee of the National Science 
     and Technology Council into the recommendations of the task 
     force.

       ``(iii) prioritizing the recommendations in clause (ii), 
     taking into consideration economic costs and focusing on the 
     critical mineral supply chains with vulnerabilities posing 
     the most significant risks to the national security of the 
     United States;
       ``(iv) recommending specific strategies, to be carried out 
     in coordination with the Secretary of State and the Secretary 
     of Commerce, to strengthen international partnerships in 
     furtherance of critical minerals supply chain security with 
     international allies and partners, including a strategy to 
     collaborate with governments of the allies and partners 
     described in subparagraph (B) to develop advanced mining, 
     refining, separation and processing technologies; and
       ``(v) other duties, as determined by the Chair.
       ``(B) Allies and partners.--The allies and partners 
     referred to subparagraph (A) include--
       ``(i) countries participating in the Quadrilateral Security 
     Dialogue;
       ``(ii) countries that are--

       ``(I) signatories to the Abraham Accords; or
       ``(II) participants in the Negev Forum;

       ``(iii) countries that are members of the North Atlantic 
     Treaty Organization; and
       ``(iv) other countries or multilateral partnerships the 
     task force determines to be appropriate.
       ``(C) Report.--The Chair shall--
       ``(i) not later than 60 days after the date of enactment of 
     this subsection, and every 60 days thereafter until the 
     requirements under subsection (a) are satisfied, brief the 
     appropriate committees of Congress on the status of the 
     compliance of the President with completing the requirements 
     under that subsection.
       ``(ii) not later than 2 years after the date of enactment 
     of this Act, submit to the appropriate committees of Congress 
     a report, which shall be submitted in unclassified form, but 
     may include a classified annex, that describes any findings, 
     guidelines, and recommendations created in performing the 
     duties under subparagraph (A);
       ``(iii) not later than 120 days after the date on which the 
     Chair submits the report under clause (ii), publish that 
     report in the Federal Register and on the website of the 
     Office of Management and Budget, except that the Chair shall 
     redact information from the report that the Chair determines 
     could pose a risk to the national security of the United 
     States by being publicly available; and
       ``(iv) brief the appropriate committees of Congress twice 
     per year.
       ``(6) Sunset.--The task force shall terminate on the date 
     that is 90 days after the date on which the task force 
     completes the requirements under paragraph (5)(C).''.
       (b) GAO Study.--
       (1) Definition of critical minerals.--In this subsection, 
     the term ``critical mineral'' has the meaning given the term 
     in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
     1606(a)).

[[Page S3552]]

       (2) Study required.--The Comptroller General of the United 
     States shall conduct a study examining the Federal and State 
     regulatory landscape related to improving domestic supply 
     chains for critical minerals in the United States.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report that describes the results of the study under 
     paragraph (2).

 Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program 
                              Act of 2023

     SEC. 11321. SHORT TITLE.

       This subtitle may be cited as the ``Customs Trade 
     Partnership Against Terrorism Pilot Program Act of 2023'' or 
     the ``CTPAT Pilot Program Act of 2023''.

     SEC. 11322. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Finance of the Senate; and
       (B) the Committee on Homeland Security and the Committee on 
     Ways and Means of the House of Representatives.
       (2) Ctpat.--The term ``CTPAT'' means the Customs Trade 
     Partnership Against Terrorism established under subtitle B of 
     title II of the Security and Accountability for Every Port 
     Act (6 U.S.C. 961 et seq.).

     SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY 
                   LOGISTICS PROVIDERS IN CTPAT.

       (a) Establishment.--
       (1) In general.--The Secretary of Homeland Security shall 
     carry out a pilot program to assess whether allowing entities 
     described in subsection (b) to participate in CTPAT would 
     enhance port security, combat terrorism, prevent supply chain 
     security breaches, or otherwise meet the goals of CTPAT.
       (2) Federal register notice.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     publish in the Federal Register a notice specifying the 
     requirements for the pilot program required by paragraph (1).
       (b) Entities Described.--An entity described in this 
     subsection is--
       (1) a non-asset-based third-party logistics provider that--
       (A) arranges international transportation of freight and is 
     licensed by the Department of Transportation; and
       (B) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2); or
       (2) an asset-based third-party logistics provider that--
       (A) facilitates cross border activity and is licensed or 
     bonded by the Federal Maritime Commission, the Transportation 
     Security Administration, U.S. Customs and Border Protection, 
     or the Department of Transportation;
       (B) manages and executes logistics services using its own 
     warehousing assets and resources on behalf of its customers; 
     and
       (C) meets such other requirements as the Secretary 
     specifies in the Federal Register notice required by 
     subsection (a)(2).
       (c) Requirements.--In carrying out the pilot program 
     required by subsection (a)(1), the Secretary shall--
       (1) ensure that--
       (A) not more than 10 entities described in paragraph (1) of 
     subsection (b) participate in the pilot program; and
       (B) not more than 10 entities described in paragraph (2) of 
     that subsection participate in the program;
       (2) provide for the participation of those entities on a 
     voluntary basis;
       (3) continue the program for a period of not less than one 
     year after the date on which the Secretary publishes the 
     Federal Register notice required by subsection (a)(2); and
       (4) terminate the pilot program not more than 5 years after 
     that date.
       (d) Report Required.--Not later than 180 days after the 
     termination of the pilot program under subsection (c)(4), the 
     Secretary shall submit to the appropriate congressional 
     committees a report on the findings of, and any 
     recommendations arising from, the pilot program concerning 
     the participation in CTPAT of entities described in 
     subsection (b), including an assessment of participation by 
     those entities.

     SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report assessing the effectiveness of CTPAT.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of--
       (A) security incidents in the cargo supply chain during the 
     5-year period preceding submission of the report that 
     involved criminal activity, including drug trafficking, human 
     smuggling, commercial fraud, or terrorist activity; and
       (B) whether those incidents involved participants in CTPAT 
     or entities not participating in CTPAT.
       (2) An analysis of causes for the suspension or removal of 
     entities from participating in CTPAT as a result of security 
     incidents during that 5-year period.
       (3) An analysis of the number of active CTPAT participants 
     involved in one or more security incidents while maintaining 
     their status as participants.
       (4) Recommendations to the Commissioner of U.S. Customs and 
     Border Protection for improvements to CTPAT to improve 
     prevention of security incidents in the cargo supply chain 
     involving participants in CTPAT.

     SEC. 11325. NO ADDITIONAL FUNDS AUTHORIZED.

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

               Subtitle D--Military Spouse Employment Act

     SEC. 11331. SHORT TITLE.

       This subtitle may be cited as the ``Military Spouse 
     Employment Act''.

     SEC. 11332. APPOINTMENT OF MILITARY SPOUSES.

       Section 3330d of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by inserting after paragraph (2) the following:
       ``(3) The term `remote work' refers to a particular type of 
     telework under which an employee is not expected to report to 
     an officially established agency location on a regular and 
     recurring basis.''; and
       (C) by adding at the end the following:
       ``(5) The term `telework' has the meaning given the term in 
     section 6501.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(3) a spouse of a member of the Armed Forces on active 
     duty, or a spouse of a disabled or deceased member of the 
     Armed Forces, to a position in which the spouse will engage 
     in remote work.''; and
       (3) in subsection (c)(1), by striking ``subsection (a)(3)'' 
     and inserting ``subsection (a)(4)''.

     SEC. 11333. GAO STUDY AND REPORT.

       (a) Definitions.--In this section--
       (1) the terms ``agency'' means an agency described in 
     paragraph (1) or (2) of section 901(b) of title 31, United 
     States Code;
       (2) the term ``employee'' means an employee of an agency;
       (3) the term ``remote work'' means a particular type of 
     telework under which an employee is not expected to report to 
     an officially established agency location on a regular and 
     recurring basis; and
       (4) the term ``telework'' means a work flexibility 
     arrangement under which an employee performs the duties and 
     responsibilities of such employee's position, and other 
     authorized activities, from an approved worksite other than 
     the location from which the employee would otherwise work.
       (b) Requirement.--Not later than 18 months after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and publish a report 
     regarding the use of remote work by agencies, which shall 
     include a discussion of what is known regarding--
       (1) the number of employees who are engaging in remote 
     work;
       (2) the role of remote work in agency recruitment and 
     retention efforts;
       (3) the geographic location of employees who engage in 
     remote work;
       (4) the effect that remote work has had on how often 
     employees are reporting to officially established agency 
     locations to perform the duties and responsibilities of the 
     positions of those employees and other authorized activities; 
     and
       (5) how the use of remote work has affected Federal office 
     space utilization and spending.

                  Subtitle E--Designation of Airports

     SEC. 11341. DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE 
                   IMPORTATION AND EXPORTATION OF WILDLIFE AND 
                   WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND 
                   WILDLIFE SERVICE.

       (a) In General.--Subject to appropriations and in 
     accordance with subsection (b), the Director of the United 
     States Fish and Wildlife Service shall designate 1 additional 
     port as a ``port of entry designated for the importation and 
     exportation of wildlife and wildlife products'' under section 
     14.12 of title 50, Code of Federal Regulations.
       (b) Criteria for Selecting Additional Designated Port.--The 
     Director shall select the additional port to be designated 
     pursuant to subsection (a) from among the United States 
     airports that handled more than 8,000,000,000 pounds of cargo 
     during 2021, as reported by the Federal Aviation 
     Administration Air Carrier Activity Information System, and 
     based upon the analysis submitted to Congress by the Director 
     pursuant to the Wildlife Trafficking reporting directive 
     under title I of Senate Report 114-281.
                                 ______