[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
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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;
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(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.
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